Discovery | Kentucky Court Report

Discovery work product; common law work product protection applied in this case which is broader thatn CR 2k6.02(3)(a) which is limited to parties by its plain language

by Michael Stevens | Jan 27, 2011 | Attorneys, Civil Procedure, Discovery, Evidence, SCOKY Decisions | 0 |

Michael J. O’Connell, Et al. v. Honorable Frederic J. Cowan, Et al. 2009-SC-000596-MR (Original Opinion: May 20, 2010; Modified: December 16, 2010) Opinion of the Court by Chief Justice...

Open Records Requests and Disclosure to Parties in Litigation

by Michael Stevens | Jan 24, 2011 | Discovery, Government | 0 |

The following SCOKY decision addressed open records requests by parties involved in litigation: Department of Revenue, Finance and Administration Cabinet, Commonwealth of Kentucky, et al. v. Mitzi D. Wyrick 2008-SC-000468-DG...

Civil Procedure – Lack of prosecution, dismissal, discovery: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)

by Michael Stevens | Dec 13, 2009 | Civil Procedure, Discovery, Motions - Default, Set Aside, SJ etc., SCOKY Decisions | 0 |

Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski2008-SC-000112-DG October 29, 2009Opinion by Chief Justice Minton; all sitting. Plaintiffs in a tort action appealed the trial court’s grant...

TORTS – TP Negligence claim and workers comp injury, experts, impaired earning capacity, discovery sanctions: Boland-Maloney Lumber Company, Inc. v. Burnett (COA 9/11/2009)

by Michael Stevens | Nov 1, 2009 | Civil Procedure, COA Decisions, Damages, Discovery, Evidence, Insurance, Workers Compensation | 0 |

Boland-Maloney Lumber Company, Inc. v. Burnett2008-CA-000059 9/11/09 2009 WL 2901206 DR pendingOpinion by Judge Wine; Judges Acree and Stumbo concurred. The Court affirmed on direct appeal and reversed on cross-appeal a judgment...

CIVIL PROCEDURE: Dismissal under CR 41.02 and Ward v. Housman factors: Mullins v. Redford Township (COA 9/25/2009)

by Michael Stevens | Oct 31, 2009 | Civil Procedure, COA Decisions, Discovery | 0 |

Mullins v. Redford Township2008-CA-001818 9/25/09 2009 WL 3048907Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court reversed and remanded for further proceedings an order of the circuit court...

CIVIL PROCEDURE – Sanctions (excluding witnesses) for missing court ordered deadline: LeBlanc v. Dorten (COA 9/18/2009)

by Michael Stevens | Oct 31, 2009 | Civil Procedure, COA Decisions, Discovery, Trial | 0 |

LeBlanc v. Dorten2008-CA-001574 9/18/09 2009 WL 2971760 DR pendingOpinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court affirmed a jury verdict in appellee’s favor on appellant’s claims related to a...

CRIMINAL PROCEDURE: Discovery, subpoena, fishing expedition: Commonwealth of Kentucky v. Lennie G. House (SC 8/27/2009)

by Michael Stevens | Oct 10, 2009 | Criminal Law, Discovery, SCOKY Decisions | 0 |

Commonwealth of Kentucky v. Lennie G. House2008-SC-000114-DG August 27, 2009 Opinion by Justice Abramson. All sitting; all concur. House entered a conditional guilty plea to DUI charges, reserving his right to appeal the...

CRIMINAL PROCEDURE – Discovery – no duty to compel defendant’s expert to prepare report: Commonwealth v. David Nichols (SC 3/19/2009)

by Michael Stevens | Sep 28, 2009 | Criminal Law, Discovery, SCOKY Decisions | 0 |

Commonwealth v. David Nichols 007-SC-000493-DG March 19, 2009 Opinion by Justice Cunningham; all sitting, all concur. Prior to trial, Nichols moved the Circuit Court for clarification of his obligation under RCr 7.24....

EVIDENCE – Attorney work product & Statements obtained in anticipation of litigation : Tom Duffy, Sr. et al v. Hon. Karen L. Wilson, et al. (SC 3/19/2009)

by Michael Stevens | Sep 28, 2009 | Civil Procedure, Discovery, Evidence, SCOKY Decisions | 0 |

Tom Duffy, Sr. et al v. Hon. Karen L. Wilson, et al. 2008-SC-000507-MR March 19, 2009 Opinion by Justice Venters; all sitting. Ryan Owens died following football practice at Henderson County High School. Two weeks later, an...

CIVIL PROCEDURE & DAMAGES aka FRATZKE – counsel waived strict CR 8.01(2) damages interrogatories by deposing on damages: James B. Tennill, Sr. v. Cyrus M. Talai (SC 2/19/2009)

by Michael Stevens | Sep 27, 2009 | Civil Procedure, Damages, Discovery, SCOKY Decisions | 0 |

James B. Tennill, Sr. v. Cyrus M. Talai2007-SC-000046-DG 2/19/20092007-SC-000673-DG 2/19/2009Opinion by Justice Schroder; all sitting. Tennill received a default judgment against Talai for personal injuries suffered in a motor...

Civil Procedure – dismissal for failure to comply with discovery: Nolan v. Neely-Thoms (COA 6/5/2009)

by Michael Stevens | Sep 20, 2009 | Civil Procedure, COA Decisions, Discovery | 0 |

Nolan v. Neely-Thoms2008-CA-001046 06/05/2009 2009 WL 1562959 Released for publicationOpinion by Chief Judge Combs; Judge Thompson and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court...

Category: Discovery

Discovery work product; common law work product protection applied in this case which is broader thatn CR 2k6.02(3)(a) which is limited to parties by its plain language

Open Records Requests and Disclosure to Parties in Litigation

Civil Procedure – Lack of prosecution, dismissal, discovery: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)

TORTS – TP Negligence claim and workers comp injury, experts, impaired earning capacity, discovery sanctions: Boland-Maloney Lumber Company, Inc. v. Burnett (COA 9/11/2009)

CIVIL PROCEDURE: Dismissal under CR 41.02 and Ward v. Housman factors: Mullins v. Redford Township (COA 9/25/2009)

CIVIL PROCEDURE – Sanctions (excluding witnesses) for missing court ordered deadline: LeBlanc v. Dorten (COA 9/18/2009)

CRIMINAL PROCEDURE: Discovery, subpoena, fishing expedition: Commonwealth of Kentucky v. Lennie G. House (SC 8/27/2009)

CRIMINAL PROCEDURE – Discovery – no duty to compel defendant’s expert to prepare report: Commonwealth v. David Nichols (SC 3/19/2009)

EVIDENCE – Attorney work product & Statements obtained in anticipation of litigation : Tom Duffy, Sr. et al v. Hon. Karen L. Wilson, et al. (SC 3/19/2009)

CIVIL PROCEDURE & DAMAGES aka FRATZKE – counsel waived strict CR 8.01(2) damages interrogatories by deposing on damages: James B. Tennill, Sr. v. Cyrus M. Talai (SC 2/19/2009)

Civil Procedure – dismissal for failure to comply with discovery: Nolan v. Neely-Thoms (COA 6/5/2009)

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