Category

Litigation & Dispute Resolution

Has Kentucky Adopted Heightened Federal Pleading Standards? (Arguably yes.)

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...

COAKY Holds Medical Evidence of Severe Emotional Injury Is Needed to Support IIED/Outrage Claim, Not Just NIED Claim

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...

SCOKY Issues Important Guidance on Motions for New Trials, Admonitions to Juries, and Misconduct by a Party or Counsel

In Jefferson v. Eggemeyer (2015-SC-625, rendered April 27, 2017), the Kentucky Supreme Court’s Justice Keller considered the circumstances under which it is appropriate for an appellate court to order a...

SCOKY Decision Discusses Applicability of Witness Rule to Experts

In McAbee v. Chapman, 504 S.W.3d 18 (Ky. 2016), the Kentucky  Supreme Court in an opinion by Justice Lisabeth Hughes considered at length the applicability of KRE 615 to expert...

Divided COAKY Panel Reduces Punitive Damage Award in Economic Damages Case to 1:1 Ratio to Compensatory Damages

In a recent 2-1 decision, the Kentucky Court of Appeals reduced a massive punitive damages award (four times the substantial compensatory damages awarded) in a purely economic damages case to...

COAKY Reverses Summary Judgment in Favor of Landlord Based on Open and Obvious Hazard Doctrine

Rental property owners and lawyers who advise them should be aware of a recent decision of the Kentucky Court of Appeals sending a tenant’s claim back for jury trial after...

Recent SCOKY Decision Discusses Applicability of Negligence Per Se Statute to Violation of Administrative Regulation

In McCarty v. Covol Fuels No. 2, LLC, 476 S.W. 3d 224 (Ky. 2015), the Kentucky Supreme Court discussed at length the applicability of Kentucky’s negligence per se statute to...

Betsy Weber Appointed to Kentucky Registry of Election Finance

CRESTVIEW HILLS, KY – April 20, 2016 – DBL Law is pleased to announce that Elizabeth G. Weber, partner and head of the firm’s bankruptcy, commercial law and collections practice,...

COAKY Approves of Equitable Award of Attorney’s Fees in Punitive Damages Case; Lists Criteria for Trial Court to Consider

The Kentucky Court of Appeals held in a December 2015 decision that a trial court may make an equitable award of attorney’s fees in a case in which the jury...

Answer the Lawsuit, Even If You Think It Doesn’t Have a Chance

The Florida Supreme Court had bad news for a Hialeah Gardens investor who didn’t answer a slip-and-fall lawsuit from a tenant injured while another owner controlled the property. Even though...
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