Selfie of Michael Stevens using iPhone. ;-)

Selfie of Michael Stevens using iPhone. 😉

I would like to take this time to thank each of you for your support and encouragement these past years.  We are going to have a great 2015.

The Kentucky Court of Appeals announced 18 decisions  on January 16, 2015, with 2 opinions designated to be published.

The two published cases are:

40.  Divorce. Division of state civil service retirement
Richard F. Brown vs. Lisa G. Brown
COA Published 1/16/2015
Affirming (Franklin County)

JONES, JUDGE: This matter is on appeal from an order of the Franklin Circuit Court awarding Appellee Lisa G. Brown (now Robinson), a pro-rata share of Appellant Richard F. Brown’s gross monthly annuity under the Civil Service Retirement System. On appeal, Richard argues that the circuit court erred as a matter of law because its award to Lisa included cost-of-living adjustments (“COLAs”) that Richard’s civil retirement account received after the parties divorced. For the reasons more fully explained below, we AFFIRM.

42.  Family Law.  Modification of timesharing with son
Cory Hoskins vs. Melissa Hoskins (now Brown)
COA Published 1/16/2015
Opinion Reversing and Remanding (Morgan County)

THOMPSON, JUDGE: Cory David Hoskins appeals from an order of the Morgan Circuit Court modifying timesharing with his son. He contends the trial court erroneously considered the report of a guardian ad litem (GAL) appointed by the court when modifying the parties’ timesharing arrangement. Based on our Supreme Court’s recent clarification of the role of GAL’s in domestic child custody and visitation matters, we reverse and remand.

 Click here for links to all the archived Court of Appeals minutes.

“Continue reading” for the Tort Report and a complete copy of this week’s minutes of ALL decisions with links to their full text.

33.  Class Action Attorney Fees
College Retirement Equities Fund, Corp. vs. Richard Donald Rink
COA Not Published Opinion (NPO) 1/16/2015
Opinion Affirming (Jefferson County)

 

LAMBERT, JUDGE: College Retirement Equities Fund appeals from the Jefferson Circuit Court’s award of $7.5 million in attorneys’ fees to class counsel in the underlying class action litigation. After careful review, we affirm.

It is well-settled that the circuit court has discretion to determine the “appropriate method for calculating attorneys’ fees in light of the unique characteristics of class actions in general, and of the unique circumstances of the actual cases before them.” Rawlings, 9 F.3d at 516. This Court reviews an award of attorneys’ fees for an abuse of discretion. Id. This highly deferential standard of review recognizes the trial court’s superior understanding of the litigation. Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Absent a clear abuse of discretion that is not supported by the record and the facts of the underlying litigation, we will not disturb a circuit court’s award of attorneys’ fees in a complex class action.

Finding no abuse of discretion, we affirm the circuit court’s September 25, 2012, order.

41.  Premises Liability.  Statute of Limitations.  Denial of motion to amend complaint to add parties.  Kroger’s had no duties over leaseholder’s parking lot where plaintiff fell
Vickie Landel vs. The Kroger Company
COA NPO 1/16/2015
Opinion affirming (Russell County)

CLAYTON, JUDGE: Vickie Landel appeals the September 12, 2013 Russell Circuit Court order that granted the Kroger Company’s (hereinafter “Kroger”) motion to set aside the trial court’s July 16, 2013 order, and also, granted Kroger summary judgment.

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