September 2011 SCOKY Oral Arguments
Click on above link for this month's argument calendar.
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Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here).
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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, SEPTEMBER 14, 2011
9:00 a.m. B. DAHLENBURG BONAR, PSC, ET AL. V. WAITE, SCHNEIDER, BAYLESS
& CHESLEY CO., L.P.A., ET AL. (2010-SC-087-DG)
"Class Action Litigation. Attorneys’ Fees. The issues include whether and to what extent a former class action co-counsel is entitled to recover fees following settlement of the class action lawsuit."
Discretionary Review granted 1/14/2011
Boone Circuit Court, Judge Robert McGinnis
For Movants: William C. Rambicure, Stephen D. Wolnitzek and Christopher B. Rambicure
For Respondents: James M. Gary, Sheryl G. Snyder, Griffin Terry Sumner and John Kendrick Wells IV
(Note: Justice Schroder is recused)
10:00 a.m. DOCTORS' ASSOCIATES, INC. V. UNINSURED EMPLOYERS' FUND,
ET AL. (2010-SC-658-WC)
"Workers’ Compensation. Whether KRS 342.610(2)(b) encompasses a franchisor/franchisee relationship and permits a franchisor to be considered the up-the-ladder employer of its uninsured franchisee’s employee."
For Appellant: Walter L. Sales and Todd Smith Page
For Appellees: James Robert Carpenter, Kevin Russell Mullins, John Barry
Coleman and Dwight Taylor Lovan
11:00 a.m. VISION MINING, INC., V. GARDNER, ET AL. (2010-SC-311-WC) AND
PEABODY COAL COMPANY V. MARTINEZ, ET AL. (2010-SC-438-WC)
"Workers’ Compensation. Whether KRS 342.316’s consensus procedure and “clear and convincing” evidentiary standard for overcoming an unfavorable consensus deny workers claiming benefits for coal workers’ pneumoconiosis equal protection by treating them differently than workers who claim benefits for other occupational pneumoconioses or diseases."
For Vision Mining: Anthony Kenneth Finaldi and John Edward Ballerstedt, Jr.
For Gardner, et al.: Thomas E. Springer III, Douglas Wayne Gott and Dwight
Taylor Lovan
For Peabody Coal: Peter J. Glauber
For Martinez, et al: Thomas E. Springer III, Russell Scott Borders, Christopher
H. Smith and Dwight Taylor Lovan
