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Posted by Michael Stevens | Nov 2, 2012 | COA Minutes, Minutes - COA and SCOKY |
Oct. 12, 2012 Court of Appeals Minutes Nos. 908-940 (33 decisions; 8 To Be Published) The Tort Report – The Court of Appeals addressed torts, insurance and civil procedure: Sandoz v. Commonwealth, COA, PUB, interpreted...
Read MorePosted by Michael Stevens | Nov 2, 2012 | Government, SCOKY Rehearings / Dismissals, Standards of Review |
Furthermore, “[i]t is well established that construction and interpretation of a written instrument are questions of law for the court.” Cinelli, 997 S.W.2d at 476 (citing Morganfield Nat’l. Bank v. Damien Elder & Sons, 836...
Read MorePosted by Michael Stevens | Nov 2, 2012 | Standards of Review |
When a trial court is presented with a Kentucky Rules of Civil Procedure (CR) 12.02 motion to dismiss, the court must take every well-pleaded allegation of the complaint as true and construe it in the light most favorable to the...
Read MorePosted by Michael Stevens | Oct 31, 2012 | COA Minutes, Minutes - COA and SCOKY |
Oct. 5, 2012 Court of Appeals Minutes Nos. 880-907 (18 decisions; 7 To Be Published) The Court of Appeals addressed three decisions in the torts, insurance and civil procedure areas: Heffron v. Royalty Company was a published...
Read MorePosted by Michael Stevens | Oct 28, 2012 | COA Minutes, Minutes - COA and SCOKY |
Sept. 28, 2012 Court of Appeals Minutes Nos. 844 – 879 (36 decisions; 7 To Be Published) Synopsis of Tort, Insurance and Civil Procedure Decisions: Jenkins Ind. Schools v. Doe (PUB) – government immunity; school...
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