In the last few years, the Kentucky Supreme Court has written lengthy, and somewhat conflicting, opinions on one of the

In our everyday lives, we often encounter such messages as, “Management is not responsible for (fill in the blank).” If

One of the hallmarks of the US economy is the creativity of its businesses and residents. And, most importantly, laws in the US encourage creativity in the marketplace through Trade Secret statutes, which have been adopted in all fifty states. What constitutes a Trade Secret can involve a very technical analysis.

Courts over the years have adopted rules which are intended to discourage frivolous lawsuits. One such rule prohibits putting the amount of claimed damages in the complaint, thereby creating “headline news” or intimidating the person sued. Also, Supreme Court decisions have limited the amount of punitive damages that may be awarded.

Many individual entrepreneurs and small businesses may not earn profits in the first or second year of business. And they may not have a steady stream of profits, or an expected amount of profits, in the first five or so years in business. If such a business is forced to file a lawsuit because a parts supplier or other vendor or customer breaches its contract, the business cannot recover lost profits.

When a construction Contractor presents a delay damage claim against the Owner, the Contractor must be aware of time limits in the contract for making such a claim. The same is true for Subcontractors making delay damage claims against the Prime Contractor.

In ordinary conversation, the “attractive nuisance” legal doctrine is often used to describe conditions which are just the opposite of what the law considers an attractive nuisance. Often we hear references to any condition that would attract children as an attractive nuisance subjecting the property owner to liability if the child is injured. But a recent case from the Ohio Court of Appeals held to the contrary, namely that a condition, such as a lake or pool, that a child would sense as possibly dangerous is not an attractive nuisance at all.

Last month, a North Carolina state court jury awarded $25 million in a child abuse case in which a six-year-old boy (now age 14) was rendered quadriplegic and unable to speak when battered by the mother’s boyfriend, an all too familiar tragedy these days. What was unusual in this case was that the award was rendered against a North Carolina hospital and physicians practicing at the hospital.

The problems experienced by car accident victims trying to recover for medical bills, lost wages, and other harm are real. One of the most frequent problems we encounter as lawyers is a lack of sufficient insurance to cover a victim’s damages. This problem has increased in severity in difficult economic times as many drivers elect the minimum insurance coverage or none at all. The rising costs of health care exacerbate the problem. Without sufficient insurance, innocent victims of drunk or careless driving struggle to pay medical bills and suffer financial hardship from lost time at work, permanent disability, or both.