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 the United States Supreme Court’s decisions in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Aschcroft v. Iqbal, 556 U.S. 662 (2009), interpreting Read More
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 new trial. CR 59.01 determines that a new trial may be granted for irregularity in court proceedings, in an order of the court, or an Read More
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 witnesses. That Rule of Evidence codifies what is known historically as “the rule of separation (or sequestration) of witnesses,” or “the witness rule.” It is Read More
In an opinion (http://opinions.kycourts.net/coa/2014-CA-001050.pdf) issued in late July, the Kentucky Court of Appeals reversed a trial court’s grant of the defendant’s motion for directed verdict (MDV) that was made immediately after the opening statement by plaintiff’s counsel. In Harrington v. Argotte, 2014-CA-1050, the Court, in an opinion by Judge Jeff Taylor, noted that a directed Read More
A proposed settlement of a national class-action lawsuit should make it easier for people with chronic conditions and disabilities to qualify for Medicare coverage for home healthcare services, skilled nursing care, and therapy.
Congress enacted the Fair Credit Reporting Act (FCRA) in 1970 to require consumer reporting agencies to accurately report consumer credit information. The FCRA gives consumers rights to dispute errors in credit reports. Consumers must follow a specific procedure to properly dispute an error in a credit report. Likewise, reporters of information concerning a consumer’s credit must follow specific investigatory procedures upon receipt of notice of disputed information.
The classic “slip and fall” case has been a constant part of personal injury litigation throughout American legal history. At least in more recent times, the public seems to hold a generally cynical opinion about these sorts of lawsuits.
Recent SCOKY Decision Limits Property Tax Exemption For Nonprofits To Purely Charitable Enterprises; Case Could Spawn Other Challenges To Tax-Exempt Status
A recent decision by the Kentucky Supreme Court could have significant ramifications for nonprofit corporations that own real property in Kentucky and do not serve a purely charitable public purpose. In Hancock v. Prestonsburg Industrial Corp., 365 S.W.3d 199 (Ky. 2012), the Court discussed whether a nonprofit corporation seeking to promote economic development is tax exempt under Section 170 of the Kentucky Constitution, which exempts purely public charities from Kentucky property tax.
Case Study: DBL successfully defends a federal age discrimination case.
New Kentucky Supreme Court Ruling May Increase Landlord’s Liability For Dog Bite By Tenant’s Dog While “On or About” Landlord’s Property
In a very recent decision, Benningfield v. Zinsmeister, — S.W.3d —, 2009-SC-000660-DG (6/25/12), the Kentucky Supreme Court interpreted Kentucky statutes as permitting a landlord to be held liable when a tenant’s dog attacks someone on or about the leased premises. In a plurality opinion, the Court determined that the landlord can be considered the statutory owner of the dog under KRS 258.095(5) if the landlord has permitted the dog to be kept on the leased premises.
Whether a consumer is purchasing a vehicle from a used car lot or any product online, it is prudent to keep in mind the old axiom “buyer beware.” But in the everyday sale of real estate, it is just as prudent to be guided by the maxim “seller beware.”
In a study released in May 2012, researchers found that physicians successfully defended most of the medical malpractice lawsuits against them. Researchers examined more than 10,000 malpractice claims across the United States from 2002 to 2005. Of those claims, about 55% resulted in a lawsuit.
It is commonly understood that a spouse cannot be forced to reveal marital communications, a confessor cannot reveal a penitent’s sins, and an attorney cannot reveal a client’s confidential information. But late last year a court in Ohio held that attorneys could be forced to reveal client communications in a bankruptcy proceeding.
In Maker’s Mark v. Diageo North America, the Sixth Circuit Court of Appeals wrote an entertaining opinion that even a non-lawyer will enjoy. This toast to Kentucky bourbon blends history and law in an enjoyable manner.
The increasingly common practice of “trolling,” which is a distinct effort to evoke emotion over the internet, has the potential to cause serious injury to people harassed.
The Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. §§ 1692-1692p, is a federal law that was instituted to regulate the collection practices of debt collectors and to protect consumers from abusive debt collection practices. However, it is important to for businesses to note that this law generally does not apply to a business collecting its own outstanding accounts receivable.
The U.S. Department of Health and Human Services (HHS) hopes that its recent settlement of $1.5 million with Blue Cross and Blue Shield of Tennessee serves as a warning to healthcare providers and insurers.
Courts often deal with the issue of whether a particular employee is exempt under the Fair Labor Standards Act (“FLSA”). The results are significant. Exempt employees are not entitled to overtime wages or the minimum wage. As well, an employer does not have the same record keeping obligations for exempt employees.
When a check is issued to joint payees, the Uniform Commercial Code (as adopted in both Ohio and Kentucky) requires that all payees endorse the check before the check may be properly cashed or accepted for deposit by a bank. Situations involving joint checks arise in a variety of circumstances.
Last month, a federal court in Texas celebrated a rare event in the long and contentious history of church-state relations in the United States. In a “prayer-in-public-schools” case, what the court celebrated was a landmark settlement agreement which the complaining students and the school district hammered out and agreed to in a voluntary mediation process. A copy of the settlement agreement appears in the very brief court opinion approving the agreement as a model for other school districts.
Imagine if you spent your whole career trying to get into the big game, then magically your day comes–you will be playing in the Super Bowl! It would be a dream come true. But imagine if there were no cameras to record the moment and all that friends and family saw of your big day were a few sketches of you catching a pass and a written transcript describing the play-by-play. That would not be worthy of the event. The ratings would be low and people would not value the big game.
Earlier this week, a federal appellate court issued an opinion concluding that a merchant violated a federal statute after it sold a customer $25 in neckwear that the customer purchased with his credit card because the merchant gave him a receipt that identified the month, but not the year, that the credit card expired. But the customer’s lawsuit – a putative nationwide class action – was nevertheless dismissed because the merchant’s identification of the credit card expiration month on the receipt was not willful.