This post continues the discussion from the post made on August 1, 2018, about the new amendments to the Kentucky
SCOKY Amends eFiling Rules Effective August 1, 2018 (Part 1 of 2)
August 1, 2018
In Order 2018-11 (issued June 21, 2018, effective August 1, 2018), the Kentucky Supreme Court amended the Kentucky Administrative Rules
DBL Law Selected For National Publication Spot
June 13, 2018
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
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
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
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
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
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
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
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
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
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
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
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
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
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
In a closely watched premises liability case, the Kentucky Supreme Court recently denied review of and approved for publication an
Overruling prior COAKY authority, SCOKY holds appellate substantial-compliance rule applies to post-judgment motions
June 25, 2015
The Kentucky Supreme Court recently held that a CR 59.05 motion to alter, amend or vacate a judgment that fails
SCOKY Reverses Verdict for Gender-based Batson Violation; Courts Split on Whether Batson Applies to Sexual Orientation
June 5, 2015
In a recent criminal case that has application in civil actions, the Kentucky Supreme Court reversed a murder and arson
Plaintiff’s Attempt to Reserve Claims against Non-settling Dram Shop Defendant Felled by Circuity of Action
April 21, 2015
In Butt v. Independence Venture Club, Ltd., 453 S.W.3d 189 (Ky. App. 2014), the Kentucky Court of Appeals held that
Kentucky Supreme Court Abolishes "Physical Contact" Requirement for Claim of Negligent Infliction of Emotional Distress
August 14, 2013
Overruling decades of precedent, the Kentucky Supreme Court recently issued a decision holding that a plaintiff may seek damages for negligent infliction of emotional distress (NIED) without having suffered physical contact as a result of the defendant’s negligence.
Court Ruling Highlights Landlord’s Possible Liability For Tenant’s Dog
July 15, 2013
Residential landlords need to be aware of a recent decision of the Kentucky Supreme Court that highlights their possible liability for dog bites inflicted by their tenants’ dogs.
Recent SCOKY Decision Limits Property Tax Exemption For Nonprofits To Purely Charitable Enterprises; Case Could Spawn Other Challenges To Tax-Exempt Status
August 2, 2012
A recent decision by the Kentucky Supreme Court could have significant ramifications for nonprofit corporations that own real property in Kentucky and do not serve a purely charitable public purpose. In Hancock v. Prestonsburg Industrial Corp., 365 S.W.3d 199 (Ky. 2012), the Court discussed whether a nonprofit corporation seeking to promote economic development is tax exempt under Section 170 of the Kentucky Constitution, which exempts purely public charities from Kentucky property tax.
New Kentucky Supreme Court Ruling May Increase Landlord’s Liability For Dog Bite By Tenant’s Dog While “On or About” Landlord’s Property
July 11, 2012
In a very recent decision, Benningfield v. Zinsmeister, — S.W.3d —, 2009-SC-000660-DG (6/25/12), the Kentucky Supreme Court interpreted Kentucky statutes as permitting a landlord to be held liable when a tenant’s dog attacks someone on or about the leased premises. In a plurality opinion, the Court determined that the landlord can be considered the statutory owner of the dog under KRS 258.095(5) if the landlord has permitted the dog to be kept on the leased premises.
