COA: March 10, 2017 Court of Appeals Decisions (Minutes) (222 to 237 with 5 decisions designated to be published)

Stanley Chesley appeals the Boone Circuit Court’s October 22, 2014 summary judgment in favor of Appellees on their breach of fiduciary duty claims arising from his involvement with the 1998 “Fen-Phen” litigation and settlement.1 The judgment additionally holds Chesley jointly and severally liable with his co-defendants, William J. Gallion, Shirley Cunningham, and Melbourne Mills, who were previously held liable to Appellees, for $42,000,000.00 in compensatory damages. We affirm.

224.  Misappropriating trade secrets, interfering with existing or prospective business relationships, conversion, breach of contract, breach of fiduciary duty, and fraud.
Alph v. Kaufman, Inc. v. Cornerstone Industries Corp.
Court of Appeals Published Opinion AFFIRMING IN PART, VACATING IN PART, AND REMANDING

228. Claims for improper garnishment by bank
Nether wood v. Fifth Third Bank, Inc.
Court of Appeals Published Opinion AFFIRMING – Jefferson

230.  Termination of school employment for conduct unbecoming a teacher
Mike v. Department of Education
Court of Appeals Published Opinion AFFIRMING – Jefferson

237.  Criminal Procedure.  Motion to Suppress.
Greer v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING – Fayette

Selected cases that were not designated for publication in tort, insurance and civil law

211.  Premise liability (slip and fall) in public parking facility owned by PARC
Martin v. Parking Authority of River City, Inc.
Court of Appeals Not to Be Published Opinion AFFIRMING – Jefferson

231.  Insurance. Commercial policy – ‘missing property’ or ‘mysterious disappearance exclusion
Khaki Rug Gallery, LLC v. State Auto Property and Casualty Inc. Co.
Court of Appeals Not to Be Published Opinion  AFFIRMING – Jefferson

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

For links to all our posts on the minutes of the Court of Appeals, then click here.

For the index to archived minutes at the official AOC page, then click here.