Michael Stevens | Kentucky Court Report

“Damaging event” in “economic loss” to real estate applied and was jury question; summary judgment reversed: HACK V. LONE OAK DEVELOPMENT, INC. (COA 6/13/2008)

Posted by Michael Stevens | Aug 24, 2008 | Civil Procedure, COA Decisions, Damages, Property |

HACK V. LONE OAK DEVELOPMENT, INC.REAL ESTATE: Economic loss rule for damage to real estate; privity2007-CA-001431PUBLISHED: REVERSING AND REMANDINGPANEL: THOMPSON PRESIDING; COMBS CONCURS; ACREE CONCURS...

Offenses containing at least one element not present in the other do not trigger double jeopardy: EBERENZ V. COM (COA 6/13/2008)

Posted by Michael Stevens | Aug 24, 2008 | COA Decisions, Criminal Law |

EBERENZ V. COMCRIMINAL: Double jeopardy2007-CA-000349PUBLISHED: AFFIRMINGPANEL: ACREE PRESIDING; NICKELL, BUCKINGHAM CONCURMEADE COUNTYDATE: 6/13/2008CA affirmed Defendant’s convictions for First Degree Fleeing or...

Although district court does not have appellate jurisdiction over local code enforcement, it can do a de novo review of the record but not de novo trial: HIGHVIEW MANOR ASSOCIATION LLC V. LOUISVILLE METRO HEALTH DEPT. (COA 6/13/2008)

Posted by Michael Stevens | Aug 24, 2008 | Appeals, Civil Procedure, COA Decisions, Government |

HIGHVIEW MANOR ASSOCIATION LLC V. LOUISVILLE METRO HEALTH DEPT.GOVERNMENT: Review of municipal code and enforcement (bingo halls)2007-CA-000233PUBLISHED: REVERSING IN PART, VACATING IN PART, AND REMANDINGPANEL: ...

Legal negligence claim filed more than one year after “occurrence” for the claim but within one year of “discovery” of “irrevocable, non-speculative injury” was timely: LANE V. RICHARDS (COA 6/13/2008)

Posted by Michael Stevens | Aug 24, 2008 | Attorneys, Civil Procedure, Insurance |

LANE V. RICHARDSLEGAL NEGLIGENCE: Statute of limitations; "Occurrence" and "Discovery" rules2007-CA-000083PUBLISHED: REVERSING AND REMANDINGPANEL: ACREE PRESIDING; LAMBERT, ROSENBLUM CONCURLAUREL...

Gatekeeping role for scientific evidence is to keep out unsupported legal conclusions and not choose sides; “shaken baby” syndrome: COM. V. MARTIN (COA 6/13/2008)

Posted by Michael Stevens | Aug 22, 2008 | Civil Procedure, COA Decisions, Evidence |

COM. V. MARTINCRIMINAL: Expert Testimony – Daubert – "shaken baby syndrome"; Gatekeeping role for scientific evidence is to keep out unsupported legal conclusions and not choose...

Author: Michael Stevens

“Damaging event” in “economic loss” to real estate applied and was jury question; summary judgment reversed: HACK V. LONE OAK DEVELOPMENT, INC. (COA 6/13/2008)

Offenses containing at least one element not present in the other do not trigger double jeopardy: EBERENZ V. COM (COA 6/13/2008)

Although district court does not have appellate jurisdiction over local code enforcement, it can do a de novo review of the record but not de novo trial: HIGHVIEW MANOR ASSOCIATION LLC V. LOUISVILLE METRO HEALTH DEPT. (COA 6/13/2008)

Legal negligence claim filed more than one year after “occurrence” for the claim but within one year of “discovery” of “irrevocable, non-speculative injury” was timely: LANE V. RICHARDS (COA 6/13/2008)

Gatekeeping role for scientific evidence is to keep out unsupported legal conclusions and not choose sides; “shaken baby” syndrome: COM. V. MARTIN (COA 6/13/2008)

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