Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Some issues this month are:

  • Appeals from orders granting de facto custodian status & custody status to grandmother. Sufficiency of notice of de facto custodian hearing; sufficiency of evidence that grandmother was sole caretaker and supporter of child; sufficiency of findings supporting de facto custodian status; whether de facto custodian status must be re-evaluated based on change in circumstances; use of affidavits sworn out by counsel in support of motion to modify custody.

  • Appeal from verdict in a bench trial involving accounting fraud & malpractice and awarding $20M in compensatory damages & $80 M in punitive damages. The Yungs and their family trust hired Thornton to design a strategy to minimize tax liability on income from foreign corporations. The IRS disallowed the shelters and imposed additional taxes, interest & penalties on the income. The trial court found that Thornton was grossly negligent in providing the accounting services, and made false representations and material ommissions concerning the risks of the strategy employed. Whether the Yungs established justifiable reliance; whether Thornton’s conduct & omissions are actionable as fraud; whether trial court improperly disallowed limitation of liability clause in engagement letter; award of compensatory damages based upon tax liability & interest; whether the Yungs properly asserted a claim for unliquidated damages; sufficiency of evidence of fraud and gross negligence for punitive damages; whether punitive damages award was excessive; award of pre-judgment and post-judgment interest; limitation on discovery of advice that Yungs received from their tax attorneys.

  • Construction company appeals from decision in a breach of contract action involving subcontractor plumbing company. Appeal is from order granting the plumbing company’s motion to vacate an order dismissing its counterclaims and deeming requests for admissions admitted.

  • Direct appeal from several pretrial rulings related to granting partial summary judgment in favor of Appellee; granting Appellee’s motion in limine declaring a dispute resolution provision is enforceable; ruling on the reasonableness of liquidated damages; and a discovery ruling. Cross appeal addresses whether the trial court properly denied MSD’s motion for a JNOV and for a directed verdict.

Here is the complete list for this month’s COA argument calendar with case names, dates, times, location, parties, counsel:

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