Litigation & Dispute Resolution
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COAKY Affirms Summary Judgment for Property Owner Under “Open and Obvious Hazard” Doctrine; SCOKY Denies Review
In a closely watched premises liability case, the Kentucky Supreme Court recently denied review of and approved for publication an opinion of the Kentucky Court…
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Untested Scientific Theories Offered by Expert Witnesses can be Admissible if Supported by Evidence
In a recent opinion, the Kentucky Supreme Court examined somewhat novel expert testimony on medical causation and found it admissible under KRE 702 and Daubert. …
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Overruling prior COAKY authority, SCOKY holds appellate substantial-compliance rule applies to post-judgment motions
The Kentucky Supreme Court recently held that a CR 59.05 motion to alter, amend or vacate a judgment that fails to state any grounds, in…
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SCOKY Reverses Verdict for Gender-based Batson Violation; Courts Split on Whether Batson Applies to Sexual Orientation
In a recent criminal case that has application in civil actions, the Kentucky Supreme Court reversed a murder and arson conviction due to the prosecutor’s…
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SCOKY Discusses Narrow Exception to Waiver of Affirmative Defense Not Pled in Answer to Original Complaint
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…
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Plaintiff’s Attempt to Reserve Claims against Non-settling Dram Shop Defendant Felled by Circuity of Action
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…
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In a Capital Murder Case, SCOKY Upholds Conviction Notwithstanding JeffCo’s Noncompliant Voir Dire Process — Where Defendant Agreed to It; Also Discussed Preservation of Error for Denial of Juror Challenge
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,…
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High Court Revives UPS Pregnancy Bias Case
The U.S. Supreme Court overturned a Fourth Circuit decision striking down a win for UPS. See the full story here.
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Notre Dame University’s Challenge to Obamacare Contraception Requirement to be Reconsidered
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…
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