The Supreme Court of Kentucky recently held that anti-assignment clauses in various settlement agreements in a Workers’ Compensation claim precluded an injured worker’s assignment of his periodic payments for a...
This post continues the discussion from the post made on August 1, 2018, about the new amendments to the Kentucky eFiling rules that became effective August 1. New Section 11(1)(d)...
In Order 2018-11 (issued June 21, 2018, effective August 1, 2018), the Kentucky Supreme Court amended the Kentucky Administrative Rules of Practice and Procedure for the Kentucky Court of Justice...
Dressman Benzinger Lavelle psc has been selected by Thomson Reuters to be the Kentucky Contributor to its Practical Law Series in the areas of civil litigation and civil appeals. Click...
There are no published cases in Kentucky addressing whether a corporate representative must testify on subjects outside of those identified in a Rule 30.02(6) notice of deposition. Under the federal...
Lawyers who continue to serve paper copies by regular mail of documents that are eFiled or electronically served are simply wasting money and staff time. According to the Kentucky eFiling...
It is a well-known rule among Kentucky appellate litigators that “an appellate court may affirm a trial court for reasons other than those relied on by the trial court, so...
The issue sometimes arises in Kentucky medical negligence cases whether a treating physician who is giving a deposition may be compelled to answer questions that seek to elicit expert opinion...
Modern federal jurisprudence governing the required standard for stating a cause of action in a complaint has imposed a higher pleading burden on a plaintiff than previous case law. Under...
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 by Chief Judge Kramer and Judge Dixon) held that a...
