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Posted by Michael Stevens | Jan 10, 2011 | Argument Calendars, SCOKY Argument Calendars |
SCOKY Oral Arguments for January 2011 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here). If the briefs have been filed at NKU at the time of this post, then they...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Defenses |
Phillips argues that LFUCG waived sovereign immunity by virtue of its purchase of private liability insurance, and thus that summary judgment in its favor was in error. In support of this proposition Phillips cites to Grayson...
Read MorePosted by Michael Stevens | Jan 9, 2011 | COA Minutes, Minutes - COA and SCOKY |
COA 2010 Minutes for December 29 , 2010 (Nos. 1202 – 1220) Click on the above link for the full text of minutes with link to full text of each decision. Link to AOC Page with current minutes and archived...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Standards of Review |
A motion to dismiss should be granted only where “it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim.” Pari-Mutuel Clerks’ Union of Kentucky...
Read MorePosted by Michael Stevens | Jan 9, 2011 | Standards of Review |
Whether or not a court had subject-matter jurisdiction over the case is a question of law. The standard of review for questions of law is de novo. Floyd County Bd. of Educ. v. Ratliff, 955 S.W.2d 921 (Ky. 1997). With this...
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