November 2011 SCOKY Oral Arguments
Click on above link for this month's argument calendar.
Click here for table of all monthly calendars at AOC from 2005 to date.
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here).
If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, THEN Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument.")
For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.
The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and COA decision are below! The actual calendars are on line at AOC – Click here.
WEDNESDAY, NOVEMBER 16, 2011
9:00 a.m. TECO MECHANICAL CONTRACTOR, INC. V. COMMONWEALTH OF KENTUCKY, ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, ET AL. (2009-SC-821-DG)
"Constitutional Law. Prevailing Wage Act. Issues include constitutional challenges to the prevailing wage laws, KRS 337.505-337.550."
Discretionary Review granted 3/16/2011
Franklin Circuit Court, Judge Roger Crittenden
For Movant: Gerry L. Calvert, David J. Guarnieri and Woodson C. Hopkins
For Respondents: Mark Francis Bizzell, Irwin H. Cutler, Jr., Everett Clay Hoffman and David A. Velander
10:00 a.m. SINGLETON V. COMMONWEALTH OF KENTUCKY (2010-SC-078-DG)
"Criminal Law. Search and Seizure. Vehicle Checkpoint. Issues include the constitutionality of vehicle checkpoint established to check compliance with city ordinance that required all residents of the city and all those working in the city to display a sticker on their vehicles."
Discretionary Review granted 12/8/2010
Casey Circuit Court, Judge James G. Weddle
For Movant: Theodore H. Lavit and Cameron Cole Griffith
For Respondent: Michael Louis Harned and Christian Kenneth Ray Miller
11:00 a.m. WADE V. POMA GLASS & SPECIALTY WINDOWS, INC., ETC.
(2010-SC-572-DG)
"Statute of Limitations. Judgments. Issues include how broadly to construe the word “execution” as used in KRS 413.090, the statute of limitations applicable to judgments."
Discretionary Review granted 4/13/2011
Jefferson Circuit Court, Judge Audra Jean Eckerle
For Movant: Philip Clyde Kimball
For Respondent: Gregory Watson
THURSDAY, NOVEMBER 17, 2011
9:00 a.m. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, ET AL. V.
CECIL (2010-SC-349-DG)
"Unemployment Benefits. KRS 341.370(6). The issues are: 1. Whether the “willful and wanton” standard still applies to specific misconduct enumerated under KRS 341.370(6), and 2. Whether the Water Company’s instruction to Cecil to sign a “last chance” employment agreement was reasonable."
Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Movants: James Chesnut Maxson, Donna King Perry and Loren Teller
Prizant
For Respondent: Callie Elizabeth Walton
10:00 a.m. K. R., ETC. V.COMMONWEALTH OF KENTUCKY (2010-SC-076-DG)
"Juvenile. Criminal Law. Issues include the propriety of granting a writ of mandamus to compel transfer of a juvenile to circuit court based upon KRS 635.020(4)."
Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Movant: Bruce P. Hackett, Elizabeth B. McMahon and Emily Nicole
Farrar-Crockett
For Respondent: Samuel Joseph Floyd, Jr. and Dorislee J. Gilbert
11:00 a.m. GIBSON, ETC. V. FUEL TRANSPORT, INC. (2010-SC-072-DG) AND (CROSS-MOTION) FUEL TRANSPORT, INC. V. GIBSON, ETC. (2010-SC-682-DG)
"Negligence. Personal Injury. Damages. This case involves a collision between a car and a coal truck. The issues include:
1. Whether punitive damages are available;
2. Whether the damages awarded by the jury were excessive;
3. Whether juror misconduct warrants a new trial;
4. Whether the trial court gave erroneous jury instructions and the objections to these instructions were not waived;
5. Whether the trial court erred by failing to change venue;
6. Whether a party has waived the right to challenge errors related to compensatory damages, and
7. Whether the trial court erred by awarding post-judgment interest at 12%."
Discretionary Review granted 10/13/2010 and 12/9/2010
Knott Circuit Court, Judge Kimberly Childers
For Movant/Cross-Respondent: Adam Peter Collins and Nathaniel Leslie Collins
For Respondent/Cross-Movant: Ronald L. Green, Virginia Hamilton Snell, Deborah H. Patterson, Sara Christine Veeneman and Carl William Walter
FRIDAY, NOVEMBER 18, 2011
NO ORAL ARGUMENTS
