COA Argument Calendar for February 2011

Dates:

  • Feb. 8, 2011@ Frankfort
    • Criminal; Search and Seizure: Whether the circuit court properly denied the defendant’s motion to suppress evidence seized during a warrantless search pursuant to the emergency aid exception.
    • The appellant advisory committee appeals from a summary judgment denying the committee’s request for supplemental fees for sixteen years of administering the $240,000,000 estate and trust of Garvice D. Kincaid. The circuit court ruled that the advisory committee having operated for a period of nearly eight years without the payment or request for an annual fee waived the ability to collect or charge an annual fee.
    • Appeal from judgment denying relief for claims of reverse discrimination, retaliation, and whistleblower claims.
  • Feb. 16, 2011 @ Louisville
    • Consumer Protection Act case. Appeal one: Directed verdict; Appeal two: Attorney fee issue.
    • Seeking review of the trial court's denial of a motion to compel arbitration.
  • Feb. 17, 2011 @ Braneis Law School in Louisville
    • Divorce property settlement dispute involving numerous issues allegedly decided erroneously as to equity, appreciation, and distribution of debts and credits between the parties.
    • This is a consolidated appeal from two orders entered by the Jefferson Family Court. On appeal, Wife argues that the Family Court lacked jurisdiction under the Uniform Child Custody and Jurisdiction Enforcement Act to modify the Massachusetts custody award, and that it incorrectly applied a best interests standard when modifying the custody award instead of an endangerment standard. She also argues that the Family Court erred when it issued a domestic violence order.
    • Gilbert appeals from the trial court’s order granting the Appellees CR 60.02 motion for modification of an Agreed Judgment.
  • Feb. 23, 2011 @ Louisville
    • MOR appeal from summary judgment granted to insurer, holding that Kentucky insurance code does not require insurer to affirmatively advise prospective insured that BRB coverage is available. KRS 304.39-060(9) and KRS 304.39-040(4).
    • MOR appeal from summary judgment granted by trial court setting limit of liability under professional liability insurance contract. Issue is whether the trial court correctly interpreted limits under claims made policies where policy limit was increased prior to actual claim was asserted.
    • MOR appeal from grant of summary judgment in malicious prosecution, abuse of process and defamation case. Issue is whether trial court erred in holding that the proceedings were not terminated in the appellant’s favor.
  • Feb. 24, 2011 @ Frankfort
    • Negligence: whether jailer was entitled to defense of qualified immunity; appeal of denial of summary judgment.
    • The Office of Homeland Security appeals from a Franklin Circuit Court summary judgment, which found that the legislation that created the Kentucky Office of Homeland Security established religion by endorsing a belief in God. The American Atheists cross-appeals from the Franklin Circuit Court finding that the organization does not have standing.
    • The Cabinet for Health and Family Services (Cabinet) appeals 2 orders of the Franklin Circuit Cour allowing groups to perform surgery without certificates of need or license pursuant to KRS 216B.020 (2) (a). Saint Joseph Health System also appeals from a Franklin Circuit Court order allowed a medical group to perform surgery pursuant to the physician’s office exemption found in KRS 216.020.

Click here for entire calendar for this month at AOC.

Click here for entire INDEX to COA calendars organized by month and year.