DISCRETIONARY REVIEW GRANTED 9/18/19
Russell v. Johnson & Johnson, Inc., 2019-SC-118-DG
Torts. Products Liability. Issues involve whether state law tort claims concerning Class III investigational medical devices are preempted by federal law. How did Riegel v. Medtronic, 552 U.S. 312 (2008) impact Niehoff v. Surgidev Corporation, 950 S.W.2d 816 (Ky. 1997)?
Commonwealth v. Crowe, 2019-SC-231-DG
Criminal Law. KRS 439.3401(5) Violent Offender Domestic Violence Exemption. Issues involve applicability of the domestic violence exemption from “violent offender” characterization of a husband who pled guilty to first-degree manslaughter of his verbally and physically abusive wife. Did the abuse occur “with regard to” the manslaughter?
Blocker v. Conover, 2019-SC-247-DG
Inmate Discipline. Inmate Medical Treatment. Due Process. The issue here is whether the prison may fail to provide appropriate medication to an inmate which it has classified as having a “serious mental illness” and then charge them with offenses or punish them for behavior arguably related to the failure to properly medicate them for their “serious mental illness.”
Greene v. Boyd, 2019-SC-379-DGE
Family Law. Friend of the Court. Expert Testimony. Hearsay. The issues here relate to the use of a “friend of the court” (FOC) to obtain information and the extent to which they may testify, specifically whether they may qualify as experts to provide opinion testimony and/or may testify as to hearsay or provide written reports containing hearsay.
DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 9/18/19
Lee v. Department of Corrections, 2018-SC-403-DG
Criminal Law. KRS 439.3401. Violent Offender Statute. Judgment of Conviction. Did the Department of Corrections properly classify the Defendant as a violent offender when the circuit court’s judgment of conviction failed to state whether the Defendant’s victims suffered death or serious physical injury?
