A recent decision of the Kentucky Supreme Court highlights the risk a nonresident defendant takes in refusing to accept certified
SCOKY Affirms Default Judgment Against Nonresident Defendant Who Refused Certified Mail Service
January 2, 2020 David Kramer
SCOKY Clarifies and Reinforces Procedure for Error Preservation of Trial Court’s Denial of Jury Challenge for Cause
November 4, 2019 David Kramer
In Ward v. Commonwealth, 2018-SC-56 (rendered 10/31/19), the Kentucky Supreme Court discussed the proper procedure for preserving for appellate review
Kentucky Supreme Court Voids Trampoline Park’s Pre-injury Liability Waiver Signed By Parent On Behalf Of Child
June 17, 2019 David Kramer
The Kentucky Supreme Court recently held that a pre-injury liability waiver signed by a parent on behalf of a minor
Dismissal For Failure To Revive Voids Jury Verdict In Favor of Plantiff’s Estate
May 16, 2019 David Kramer
In a recent decision arising out of Boone County, a unanimous panel of the Kentucky Court of Appeals held that
DBL Law Selected For National Publication Spot
June 13, 2018 David Kramer
Dressman Benzinger Lavelle psc has been selected by Thomson Reuters to be the Kentucky Contributor to its Practical Law Series
Can a corporate designee be compelled to answer questions outside the scope of the deposition notice?
April 16, 2018 David Kramer
There are no published cases in Kentucky addressing whether a corporate representative must testify on subjects outside of those identified
Service by eFiling
February 26, 2018 David Kramer
Lawyers who continue to serve paper copies by regular mail of documents that are eFiled or electronically served are simply
Kentucky Appellate Courts May Affirm a Judgment on Any Grounds Supported by the Record
November 21, 2017 David Kramer
It is a well-known rule among Kentucky appellate litigators that “an appellate court may affirm a trial court for reasons
May a Treating Physician Be Compelled to Give Expert Opinion Testimony in Kentucky?
September 5, 2017 David Kramer
The issue sometimes arises in Kentucky medical negligence cases whether a treating physician who is giving a deposition may be
Has Kentucky Adopted Heightened Federal Pleading Standards? (Arguably yes.)
August 1, 2017 David Kramer
Modern federal jurisprudence governing the required standard for stating a cause of action in a complaint has imposed a higher
COAKY Holds Medical Evidence of Severe Emotional Injury Is Needed to Support IIED/Outrage Claim, Not Just NIED Claim
June 27, 2017 David Kramer
In Forcht v. Forcht Bank, N.A., , 2013-CA-1433 (6/23/17), the Kentucky Court of Appeals in a decision by Judge Nickell (joined
SCOKY Issues Important Guidance on Motions for New Trials, Admonitions to Juries, and Misconduct by a Party or Counsel
June 13, 2017 David Kramer
In Jefferson v. Eggemeyer (2015-SC-625, rendered April 27, 2017), the Kentucky Supreme Court’s Justice Keller considered the circumstances under which
SCOKY Decision Discusses Applicability of Witness Rule to Experts
May 1, 2017 David Kramer
In McAbee v. Chapman, 504 S.W.3d 18 (Ky. 2016), the Kentucky Supreme Court in an opinion by Justice Lisabeth Hughes
Divided COAKY Panel Reduces Punitive Damage Award in Economic Damages Case to 1:1 Ratio to Compensatory Damages
November 21, 2016 David Kramer
In a recent 2-1 decision, the Kentucky Court of Appeals reduced a massive punitive damages award (four times the substantial
COAKY Reverses Summary Judgment in Favor of Landlord Based on Open and Obvious Hazard Doctrine
August 1, 2016 David Kramer
Rental property owners and lawyers who advise them should be aware of a recent decision of the Kentucky Court of
Recent SCOKY Decision Discusses Applicability of Negligence Per Se Statute to Violation of Administrative Regulation
July 21, 2016 David Kramer
In McCarty v. Covol Fuels No. 2, LLC, 476 S.W. 3d 224 (Ky. 2015), the Kentucky Supreme Court discussed at
COAKY Approves of Equitable Award of Attorney’s Fees in Punitive Damages Case; Lists Criteria for Trial Court to Consider
March 28, 2016 David Kramer
The Kentucky Court of Appeals held in a December 2015 decision that a trial court may make an equitable award
COAKY Holds Trial Court Jumped the Gun in Granting DV After Plaintiff’s Opening Statement
August 17, 2015 David Kramer
In an opinion (http://opinions.kycourts.net/coa/2014-CA-001050.pdf) issued in late July, the Kentucky Court of Appeals reversed a trial court’s grant of the
COAKY Affirms Summary Judgment for Property Owner Under “Open and Obvious Hazard” Doctrine; SCOKY Denies Review
July 24, 2015 David Kramer
In a closely watched premises liability case, the Kentucky Supreme Court recently denied review of and approved for publication an
