Jurisdiction | Kentucky Court Report

Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

by Michael Stevens | Jan 24, 2015 | Case Notes, Civil Procedure, COA Decisions, Jurisdiction, Medical, Opinions and Editorials, Torts | 0 |

This decision highlights what the risks are when you select a Louisville physician who then ships you across the river to Indiana for surgery (where there is more favorable medical malpractice protection for the doctor...

CIVIL (INTERNET DOMAINS): Commonwealth of Kentucky, ex rel. J. Michael Brown, Secretary, Justice & Public Safety Cabinet v. Interactive Media Entertainment & Gaming Assn., Inc., et al. (SC 3/18/2010)

by Michael Stevens | Apr 27, 2010 | Civil Procedure, Government, Jurisdiction, SCOKY Decisions | 0 |

Commonwealth of Kentucky, ex rel. J. Michael Brown, Secretary, Justice & Public Safety Cabinet v. Interactive Media Entertainment & Gaming Assn., Inc., et al.2009-SC-000043-MR March 18, 2010 Opinion by Justice Noble. All...

CIVIL PROCEDURE, Board of Claims SOL: Nelson County Board of Education v. Forte (COA 10/9/2009)

by Michael Stevens | Dec 14, 2009 | Civil Procedure, COA Decisions, Defenses, Jurisdiction | 0 |

Nelson County Board of Education v. Forte2008-CA-001958 10/09/09 2009 WL 3231646 DR PendingOpinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred. The Court affirmed an order of the circuit court which vacated...

CIVIL PROCEDURE: Dismissal for lack of prosecution; long arm statute: Beach v. Caesars Riverboad Casino, LLC (COA 9/4/2009)

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

Beach v. Caesars Riverboad Casino, LLC2008-CA-000402 9/4/09 2009 WL 2834842 DR pending Opinion by Judge Taylor; Judge Moore concurred; Judge VanMeter dissented. The...

WRITS – Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)

by Michael Stevens | Oct 11, 2009 | Extraordinary Remedies - Equity, Family Law, Divorce, Juveniles, Jurisdiction, SCOKY Decisions, Wills, Trusts, Estates (Probate) | 0 |

William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) 2008-SC-000597-MR August 27, 2009 Opinion by Justice Venters. All sitting; all concur. Before the circuit court could...

FAMILY LAW – Grandparents, custody, jurisdiction between states: George Mauldin; and Joyce Mauldin v. Rebecca Bearden (SC 8/27/2009)

by Michael Stevens | Oct 11, 2009 | Family Law, Divorce, Juveniles, Jurisdiction, SCOKY Decisions | 0 |

George Mauldin; and Joyce Mauldin v. Rebecca Bearden 2008-SC-000557-DGE August 27, 2009 Opinion by Justice Noble; all sitting. In 2005, the Jefferson Family Court awarded paternal grandparents temporary, and later permanent,...

TAXATION – Federal Telecommunications Act preempting local tax: Directv, Inc. and Echostar Satellite, LLC v. Commissioner, Dept. of Revenue (SC 6.25.2009)

by Michael Stevens | Oct 8, 2009 | Civil Procedure, Jurisdiction, Revenue and Taxation, SCOKY Decisions | 0 |

Directv, Inc. and Echostar Satellite, LLC v. Commissioner, Dept. of Revenue and Frankfort Independent School District 2007-SC-000714-DG June 25, 2009 Opinion by Justice Abramson. All sitting; all concur. Direct broadcast...

Civil Procedure – local order prescribing objections during preliminary hearings, jurisdiction over judge’s local rule: Delahanty v. Commonwealth (COA 7/31/2009)

by Michael Stevens | Sep 21, 2009 | Civil Procedure, COA Decisions, Jurisdiction | 0 |

Delahanty v. Commonwealth2008-CA-000580 07/31/2009 2009 WL 2341518Opinion by Judge Thompson; Judges Acree and Taylor concurred. The Court affirmed an order of the circuit court granting a writ prohibiting a district court judge...

Jurisdiction – Personal jurisdiction, long arm statute, and eBay contacts: Robey v. Hinners (COA 5/29/2009)

by Michael Stevens | Sep 9, 2009 | COA Decisions, Jurisdiction | 0 |

Robey v. Hinners2008-CA-000989 05/29/2009 2009 WL 1491387Opinion by Senior Judge Buckingham; Judge Acree concurred; Chief Judge Combs dissented by separate opinion. The Court reversed and remanded an default judgment of the...

CIVIL PROCEDURE: Failure to join indispensable party: Watkins v. Fannin (COA 2/27/2009)

by Michael Stevens | Feb 27, 2009 | Civil Procedure, COA Decisions, Jurisdiction | 0 |

Watkins v. Fannin2008-CA-000170 02/27/2009 2009 WL 485030Opinion by Judge Acree; Judge VanMeter and Senior Judge Henry concurred. The Court dismissed an appeal from an order of the circuit court dismissing appellant’s petition...

CIVIL PROCEDURE – Transfer to district court reversed based upon jurisdictional amount: Jackson v. Beattyville Water Department (COA 2/20/2009)

by Michael Stevens | Feb 20, 2009 | Civil Procedure, COA Decisions, Jurisdiction | 0 |

Jackson v. Beattyville Water Department2008-CA-000421 02/20/2009 2009 WL 414302Opinion by Judge Stumbo; Judges Clayton and Moore concurred. The Court reversed and remanded an order of the circuit court that remanded appellant’s...

FAMILY LAW: Uniform Child Custody Jurisdiction Act (UCCJA) jurisdiction, home state: Hearld v. Hearld (COA 2/13/2009)

by Michael Stevens | Feb 13, 2009 | COA Decisions, Family Law, Divorce, Juveniles, Jurisdiction | 0 |

Hearld v. Hearld2008-CA-000601 02/13/2009 2009 WL 350713Opinion by Judge Thompson; Judge Stumbo and Senior Judge Guidugli concurred. The Court vacated and remanded an order awarding custody of three minor children to the mother....

JURISDICTION: Subject matter, Indiana contract — LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)

by Michael Stevens | Dec 23, 2008 | Civil Procedure, COA Decisions, Jurisdiction | 0 |

LYNN V. DIGITAL LIFESTYLES, LLC JURISDICTION: Subject matter, Indiana contract EVIDENCE: Spoliation of Evidence 2007-CA-002442 PUBLISHED: AFFIRMING PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR...

District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)

by Michael Stevens | Dec 22, 2008 | Criminal Law, Insurance, Jurisdiction, Property | 0 |

COFFEY V. KEHOE ROCK AND STONE, LLC PROPERTY: Forcible detainer, district court jurisdiction 2007-CA-001695 PUBLISHED: REVERSING AND REMANDING PANEL: CAPERTON PRESIDING; KELLER, NICKELL CONCUR GREENUP COUNTY...

Category: Jurisdiction

Case Notes: A River Runs Through It in Jurisdiction issues in case involving medical treatment in Louisville but followup surgery across the Ohio River (Cooper vs. Dr. Ajith Nair, Kentuckiana Pain Specialists and Metro Specialty Surgery Center, COA NPO 1/9/2015)

CIVIL (INTERNET DOMAINS): Commonwealth of Kentucky, ex rel. J. Michael Brown, Secretary, Justice & Public Safety Cabinet v. Interactive Media Entertainment & Gaming Assn., Inc., et al. (SC 3/18/2010)

CIVIL PROCEDURE, Board of Claims SOL: Nelson County Board of Education v. Forte (COA 10/9/2009)

CIVIL PROCEDURE: Dismissal for lack of prosecution; long arm statute: Beach v. Caesars Riverboad Casino, LLC (COA 9/4/2009)

WRITS – Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)

FAMILY LAW – Grandparents, custody, jurisdiction between states: George Mauldin; and Joyce Mauldin v. Rebecca Bearden (SC 8/27/2009)

TAXATION – Federal Telecommunications Act preempting local tax: Directv, Inc. and Echostar Satellite, LLC v. Commissioner, Dept. of Revenue (SC 6.25.2009)

Civil Procedure – local order prescribing objections during preliminary hearings, jurisdiction over judge’s local rule: Delahanty v. Commonwealth (COA 7/31/2009)

Jurisdiction – Personal jurisdiction, long arm statute, and eBay contacts: Robey v. Hinners (COA 5/29/2009)

CIVIL PROCEDURE: Failure to join indispensable party: Watkins v. Fannin (COA 2/27/2009)

CIVIL PROCEDURE – Transfer to district court reversed based upon jurisdictional amount: Jackson v. Beattyville Water Department (COA 2/20/2009)

FAMILY LAW: Uniform Child Custody Jurisdiction Act (UCCJA) jurisdiction, home state: Hearld v. Hearld (COA 2/13/2009)

JURISDICTION: Subject matter, Indiana contract — LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)

District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)

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