SCOKY Oral Arguments for DECEMBER, 2010

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here). 

If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, THEN  Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument.")

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and  COA decision are below!  The actual calendars are on line at AOC – Click here.

WEDNESDAY, DECEMBER 8, 2010

9:00 a.m. UNIVERSITY MEDICAL CENTER, INC., ETC. V. BEGLIN, ETC., ET AL. (2009-SC-289-DG) AND (CROSS-MOTION) BEGLIN, ETC., ET AL. V. UNIVERSITY MEDICAL CENTER, INC., ETC. (2009-SC-839-DG)
"Personal Injury. Jury Instructions. Missing evidence. Issues include propriety of giving spoliation instruction and other evidentiary and instructional rulings."
Discretionary Review granted 12/10/2009 AND 3/10/2010
Jefferson Circuit Court, Judge Denise Clayton
For Movant/Cross-Respondent: Robert Michael Connolly, Raymond G. Smith, Edward H. Stopher, Carol Dan Browning, Bethany A. Breetz, Matthew Bowman Gay, Lori S. Nugent and Josh M. Kantrow
For Respondents/Cross-Movants: Francis Thomas Conway and Chadwick Neal Gardner

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Appellee's Reply Brief
Amicus
Amicus

10:00 a.m. LAPRADD V. COMMONWEALTH OF KENTUCKY (2009-SC-214-DG)
"Criminal Law. Jury Instructions. Justification. Choice of Evils. At issue is whether a finding of a lack of justification based upon choice of evils should be included in the instruction for the crime itself."
Discretionary Review granted 3/10/2010
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: Bruce P. Hackett
For Respondent: Joshua D. Farley

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

11:00 a.m. GIDDINGS & LEWIS, INC., ETC., ET AL. V. INDUSTRIAL RISK INSURERS, ETC., ET AL. (2009-SC-485-DG) AND (CROSS-MOTION) INDUSTRIAL RISK INSURERS, ETC., ET AL. V. GIDDINGS & LEWIS, INC., ETC., ET AL.
(2009-SC-825-DG)

"Products Liability. Negligence. Property Damages. Issues include whether Kentucky should adopt the Economic Loss Rule."
Discretionary Review granted 12/10/2009 and 3/10/2010
Graves Circuit Court, Judge Timothy C. Stark
For Movants/Cross-Respondents: John Lewis Tate, Jason Patrick Thomas and Jamie Kristin Neal For Respondents/Cross-Movants: Richard C. Roberts, James J. Bigoness, Edward M. Kay and Kimberly A. Hartman

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Appellee's Reply Brief

THURSDAY, DECEMBER 9, 2010
AND
FRIDAY, DECEMBER 10, 2010

NO ORAL ARGUMENTS