Author: Michael Stevens

COA: Jan. 30, 2015 Court of Appeals Decisions (Minutes) (75-90 with 3 published) – affirmed bad faith verdict against Indiana Ins. Co.; affirmed criminal sentencing when plea not withdrawn following courts rejection of deal; and affirmed dismissal of teacher’s appeal of termination

Posted by | Feb 1, 2015 | , , |

Kentucky Court of Appeals announced 16 decisions  on January 30, 2015, with 3 opinions designated to be published. In the three published decisions the Court of Appeals affirmed in a “bad faith” claim a jury verdict...

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Case Notes: Another Court of Appeals, Post-Shelton, “open and obvious”, slip and fall, jury question, question – Ward vs. JKP Investments LLC and James Kevin Porter, COA Published 1/23/2015

Posted by | Jan 25, 2015 | , , , , |

The title of this post says it all, and to put it in perspective, I will lead with Judge Maze’s dissent from the majority in this decision (Judges Vanmeter and Kramer (formerly Moore)).  I was present during the oral...

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COA: Jan. 23, 2015 Court of Appeals Decisions (Minutes) (51-74 with 4 published) PUBLISHED (immunity; slip and fall; government retirement benefits; prenup). TORTS (slip & fall & Shelton; another fen phen appeal)

Posted by | Jan 25, 2015 | , , |

  The Kentucky Court of Appeals announced 24 decisions  on January 23, 2015, with 4 opinions designated to be published. The issues addressed in the published decisions centered on agency’s failure to consider medical...

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Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

Posted by | Jan 24, 2015 | , , , , , , |

  This decision highlights what the risks are when you select a Louisville physician who then ships you across the river to Indiana for surgery (where there is more favorable medical malpractice protection for the doctor...

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