The first set of posted decisions (aka minutes) out of the Supreme Court were issued on February 20, 2014. 33 decisions, 21 published. In published decisions on civil, tort, and insurance law, the Supremes addressed:
- The equitable powers of the court to award attorney’s fees and the propriety of disclosure of Medicaid records by a state agency in civil discovery. Bell vs. Cabinet for Health and Family Services
- Appellant is not entitled to a writ of mandamus to compel the circuit clerk to remove an order from the court record. The petition for writ of mandamus against the judge and the trial commissioner was properly denied. Mischler vs. Judge Larry Thompson.
- Wagering on “historic” horse races. Appalachian Racing LLC vs. Family Trust Foundation of Kentucky.
- In a medical malpractice case, whether failure to name a medical expert witness constituted a failure of proof that justified the grant of summary judgment. Applicability of Blankenship v. Collier, 302 S.W.3d 665 (Ky. 2010). Dr. Lance Love vs. Lisa Walker.
- Whether the tort of medical credentialing is recognizable in Kentucky and whether the trial court erred by preventing the plaintiff from cross examining the doctor defendant on the suspension of his medical license. Dr. Philip Trover vs. Estate of Judith Brton and Trover Clinic Foundation.
- Whether the equitable defense of mutual mistake was properly asserted to void underinsured motorist coverage. James D. Nichols vs. Zurich American Ins. Co.
In decisions not to be published, the Supreme Court of Kentucky:
- Addressed the always touchy topic of attorney client privilege, work product, and the procedures for raising and deciding via the ubiquitous in camera reviews. Michael O’Connell vs. Judge Cowan vs. Bruce Alan Brightwell.
In other matters, SCOKY:
- Denied David William Doan’s motion for reinstatement.
- Granted discretionary review in six cases.
- Denied petitions for rehearing in five cases, all criminal.
- Modified their opinion in Baptist Physicians Lexington vs. The New Lexington Clinic.
Published and Unpublished Decisions from the Supreme Court of Kentucky for February 2014 (click here for AOC set of minutes) – Nos. 1 – 33.
Click here for complete list of all archived Supreme Court Minutes that you can download from the Administrative Office of the Courts web site.
Click here for THIS month’s minutes with links to all decisions, published and not to be published.