June 2014 Kentucky Court of Appeals Oral Arguments

The Court of Appeals has posted it calendar for oral arguments for the month of JUNE 2014.    The complete calendar with dates, locations, counsel, issues, etc. is below with a direct link to the PDF and a copy within this post.

Arguments are set for Stanford on June 10; Newport on June 16;  Frankfort on June 23; Madisonville on June 26; Louisville on June 27 & 30.

Some issues of note include:

  • June 16 – Appeal from order of trial court finding that the insured’s homeowners’ policy covered an insured charged with shooting and killing his brother-in-law while on the insured premises. Does use of firearm fit within definition of occurrence and does intentional act exclusion apply? Does fact that insured has been found
    permanently incompetent to stand trial matter in determining issues?
  • June 23 – Passed motion to dismiss. This appeal arises from the Diocese of Covington Sex Abuse class action
    suit and is related to a fee dispute between the law firms who were class counsel. Issues include whether the Appellants are entitled to a new trial based on the appellee’s actions to affect the court proceedings regarding the fee award for all attorneys in the underlying sex abuse class action case.
  • June 30 – Appeal from summary judgment in favor of bank/trustee on claims of breach of fiduciary duty. Focus is on a 1980 Agreement discussing liabilities and discretion of bank/trustee(s). Also, trial court’s failure to
    address KRS 286.3-277 Appellants seek further proof as well as damages for alleged damage to trust’s value. Whether genuine issues of fact remain concerning reach and damages. Appellant requests oral argument.

    For a link to the archives of all oral argument calendars organized by year and month for the COA, then click here.

[gview file=”http://apps.courts.ky.gov/Appeals/Calendar/June2014.pdf”]