Category

Litigation & Dispute Resolution

SCOKY bars MDV against former defendant (“empty chair”) until close of all proof

The Kentucky Supreme Court recently held that a trial court may not entertain a motion for directed verdict at the close of the plaintiff’s case by an existing defendant at...

SCOKY Holds Assignment of Future Payments under Workers’ Comp Settlement Not Permitted by Structured Settlement Protection Act

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...

DBL Law Attorneys Selected To 2019 Super Lawyers List

Thirteen DBL Law attorneys have been selected to a 2019 Super Lawyers™ list. Each year, no more than five percent of the lawyers in each state are selected by the...

SCOKY Amends eFiling Rules Effective August 1, 2018 (Part 2 of 2)

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)...

SCOKY Amends eFiling Rules Effective August 1, 2018 (Part 1 of 2)

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...

KY Reverses Ruling in 24 Million Turf Battle; DBL Law Attorneys Mark Guilfoyle, Matt Klein and David Dirr Represent St. Elizabeth Healthcare

KY Reverses Ruling in 24 Million Turf Battle; DBL Law Attorneys Mark Guilfoyle, Matt Klein and David Dirr Represent St. Elizabeth Healthcare. Cincinnati Business Courier Article Northern Kentucky Tribune Article

Can a corporate designee be compelled to answer questions outside the scope of the deposition notice?

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...

Service by eFiling

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...

Kentucky Appellate Courts May Affirm a Judgment on Any Grounds Supported by the Record

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...

May a Treating Physician Be Compelled to Give Expert Opinion Testimony in Kentucky?

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...
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