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Posted by Michael Stevens | Aug 2, 2012 | Blog Updates (this blog) |
I am hopeful this email post has reached you. I have been off-line and playing catch-up for the past few months because of some family hardships. We are doing better, and my wife and life are on the mend. Your prayers have...
Read MorePosted by Michael Stevens | Jul 31, 2012 | Causes of Action, Ethics, Torts |
The following decision which was not published provides an interesting start on the interplay between our ethics rules and a cause of action. At first blush and a quick read of the Supreme Court Rule (Code of Professional...
Read MorePosted by Michael Stevens | Jul 31, 2012 | Causes of Action, Defenses |
Third party indemnity is always a bothersome concept with terms such as active-passive, primary-secondary, etc. entering into the lexicon. Recent nonpublished decision entitled Greenwell v. Lowes Home Centers, COA, NPO,...
Read MorePosted by Michael Stevens | Jul 31, 2012 | Motions - Default, Set Aside, SJ etc., Standards of Review |
We review the denial of a motion to intervene as a matter of right for clear error. Carter v. Smith, 170 S.W.3d 402, 409 (Ky. App. 2004). However, a court’s evaluation of the timeliness of a motion to intervene is reviewed under...
Read MorePosted by Michael Stevens | Jul 31, 2012 | Defenses, Government |
Qualified official immunity was addressed in Gibson v. Hicks, COA, Pub., 7/27/2012: Qualified official immunity is not a mere defense but provides immunity from a claim. In Rowan County v. Sloas, 201 S.W.3d 469, 475 (Ky. 2006),...
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