In a recent decision, the Kentucky Supreme Court noted the general rule that failure to plead an affirmative defense in response to the original complaint precludes the assertion of that...
In Butt v. Independence Venture Club, Ltd., 453 S.W.3d 189 (Ky. App. 2014), the Kentucky Court of Appeals held that the plaintiff’s entry into a settlement agreement including a hold...
In a May 2014 post we discussed the case of Oro-Jimenez v. Com. 412 S.W.3d 174 (Ky. 2013), in which the Kentucky Supreme Court held, under a palpable error review...
The U.S. Supreme Court this morning ruled that a lower court (7th Circuit Court of Appeals) must re-examine its decision which initially held that Notre Dame University, a Catholic university...
In a recent 2-1 decision (see it here) by Chief Judge Glenn Acree, the Kentucky Court of Appeals held in Horsley v. Smith that the jury instruction in a medical...
In a recent opinion in a criminal case, Spears v. Commonwealth of KY, the Kentucky Supreme Court held that the rule on separation of witnesses, KRE 615, applies to expert witnesses,...
A recent decision by the Kentucky Supreme Court clarified Kentucky law on the issue of a litigant’s entitlement to attorney’s fees when it prevails on an issue that an opponent...
The Kentucky Supreme Court recently issued revised administrative rules governing electronic filing (“eFiling”), effective January 15, 2015. The updated rules, which supersede those issued in May 2014, may be accessed...
In an opinion issued in December 2014 that recently became final, the Kentucky Supreme Court issued important guidance on proper jury instructions concerning causation of a plaintiff’s injury or death....
