Category: Immunity

COA: Sept. 5, 2014 Minutes ( 797-819): applicability of immunity defenses to claim against state trooper for malicious prosecution; and service on wife not good enough for jurisdiction for default judgment

The Kentucky Court of Appeals announced 23 decisions  on Sept. 5, 2014, with one case published (criminal law).  Our tort report of decisions of interest to Louisville and Kentucky injury attorneys dealing with torts, insurance...

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SC: August 21, 2014 Supreme Court of Ky Decisions (Minutes 113-144): federal plea agreements with waivers of ineffective assistance of counsel fatal for conflicts of interest; preserving argument for appeal with offers of proof under KRE 103; SC takes a bite out of Patient Safety and Quality Improvement Act of 2005 (“PSQIA”) privilege; estate recovers for death of confidential informant when state police use him knowing his cover was blown

The  Supreme Court of Kentucky announced a  32 decisions on August 21, 2014, with 14 of the Kentucky Supreme Court cases designated for publication addressing:  federal plea agreements with waivers of ineffective assistance of...

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DEFENSES: Qualified Official Immunity, Ministerial vs. Discretionary, County Roads, Fiscal Court & Road Forman, & Design, repairs and maintenance. Estate of Megan Morris vs. Tony Smith (COA,Published 5/9/2014)

A detailed analysis was undertaken by the Court of Appeals addressing responsibilities and duties of the fiscal court and county road official for the operation and maintenance of county roads within the context of official...

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