September 2011 SCOKY Oral Arguments

September 2011 SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for table of all monthly calendars at AOC from 2005 to date.

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, 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)

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

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

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

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

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

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