Kentucky Court Report - SCOKY & COAKY

Published Decisions - Will try and update and post them separately

Michael Stevens — 2009-07-05T16:12:08-04:00

When we/I began relying solely upon the monthly published decision summaries of the appellate courts (SCOKY and COA), we not only quit digesting the published decisions but also quit posting them individually as posts.

I believe I have figured out how to copy and paste the decisions from the summaries and link to the full text.

Again, no promises.

Please note as of January 1, 2009, all digested decisions are those from the Supreme Court and Court of Appeals monthly summaries unless otherwise indicated. Thus, I will not be posting an attribution link for each post.

I am also going to "date" the posts to the date of the decision rather than the date of the post for ease of use in locating same.

COA Argument Calendar for JULY 2009

Michael Stevens — 2009-07-05T15:51:37-04:00

Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, July 7, 2009

01:00 PM
2008CA000634
2008CA000681
2008CA001209

JASON P. GOODLETT v LORI M. GOODLETT
Appeal from a decree of dissolution of marriage where father argues that the trial court erred in itscustody determination and division of marital property. On cross-appeal, mother argues that the trialcourt erred by denying her request for maintenance, by denying her motion for attorney fees, and erred inits division of marital property.

01:45 PM
NEWPORT INDEPENDENT SCHOOL DISTRICT/NEWPORT BOARD OF EDU. v COMMONWEALTH OF KENTUCKY
Appeal from an order dismissing a petition for declaratory judgment seeking a determination regardingthe constitutionality of the residency requirement contained in KRS 160.350(2) where Appellant arguesthe statute violates equal protection.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Thursday, July 16, 2009

10:00 AM
DAVID LAMAR HAMILTON v COMMONWEALTH OF KENTUCKY
Whether the trial court erred in not holding a Daubert hearing on Shaken Baby Syndrome.

LOCATION: MCCRACKEN COUNTY COURTHOUSE, COURTROOM A, 2ND FLOOR, 301 SOUTH SIXTH STREET, PADUCAH, KENTUCKY

DATE: Thursday, July 16, 2009

10:30 AM
MORRIS BOBO v NATIONAL SERVICE INDUSTRIES
MOR appeal from dismissal of asbestos related disease action for lack of prosecution per CR 77.02.Issue is whether trial court abused its discretion and whether bankruptcy of some defendants stays action against non-bankrupt defendants.

11:15 AM
CAROLYN SCOTT v BOARD OF EDUCATION OF GREEN COUNTY, KENTUCKY
MOR appeal from judgment holding that petition to require recall vote on tax increase by school board.Issue is whether the petition met the statutory requirements of KRS 132.017.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Monday, July 20, 2009

01:30 PM
COMBS, HON. SARA W.
LOUISVILLE GALLERIA, LLC v SCARBOROUGH MECHANICAL SERVICES, INC.
This appeal involves a thorough inquiry into the proper interpretation of various statutory requirements ofKentucky’s mechanics lien process - from notice to mitigation of damage

02:15 PM
DAVINDER SAHNI v JANETT HOCK
Whether trial court erred in failing to dismiss a shareholder derivative action alleging a breach of fiduciaryduty against defendant-appellant, a majority shareholder, director, and officer of the corporation, whereplaintiff-appellee allegedly: (1) failed to satisfy statutory demand requirements, (2) did not fairly andadequately serve as shareholder representative, and (3) lacked standing to institute and maintain theaction. Alternatively, defendant-appellant requests a reduction in jury-awarded damages. On crossappeal, plaintiff below urges reversal of court’s award of attorneys’ fees to defendants below alleging itwas excessive, improper and the statute authorizing the award is unconstitutional.

03:00 PM
J. J. v G. R.The appeal involves two cases. (1) Appeal made on behalf of a minor child asserting child should havebeen allowed to intervene in his half-sibling’s adoption proceedings. Issues include whether child’smotion to intervene was a proper pleading andwhether child had standing to intervene; (2) Appeal froman order denying a grandmother’s motion to intervene in her granddaughter’s adoption proceedings.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, July 21, 2009

10:45 AM
NELSON COUNTY BOARD OF EDUCATION v GENE A. FORTE
Whether circuit court properly reversed the Board of Claims’ decision dismissing appellee’s negligence claim as time-barred.

11:30 AM
ROBERT A. JACOB v PHILIP O. DRIPCHAK
Whether circuit court properly confirmed arbitrator’s awards.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Thursday, July 23, 2009

12:30 PM
JAMES M. THORNSBERRY v KENTUCKY POWER COMPANY
Jury verdict on behalf of defendant involving claim for loss of parental consortium. Additionally, appellantargues that the court erroneously instructed the jury as to appellee’s common law duties and appropriate standard of care.Appeal and cross-appeal filed.

01:15 PM
WENDELL RIGSBY v ASHLAND INC.
Appellants settled action with appellee Ashland Inc. Appellee made cash settlement payment toappellants and agreed to correct radioactive waste resulting from oil production activities. Appellants filedwith the trial ct info that oil production cont'dto contain illegal hazardous and toxic levels of radioactive materials. Trial ct ordered funds paid to appellants in settlement must be returned to appellee.When thefunds were not returned, the trial court dismissed the appellants’ request for relief.

ARGUMENT CALENDARS POSTED: July 2009 for COA and SCOKY (none)

Michael Stevens — 2009-07-05T09:53:05-04:00

July 2009 Argument Calendars for

Supreme Court - no oral arguments set for July
Court of Appeals

COA 2009 Minutes: July 2, 2009 (Nos. 652-673)

Michael Stevens — 2009-07-05T09:49:18-04:00

COA 2009 Minutes: July 2, 2009 (Nos. 652-673)

22 decisions
4 published

May 2009 COA Case Summary Report (Published Decisions)

Michael Stevens — 2009-06-28T17:25:23-04:00

The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites. Before citing any case, the user should always read the entire opinion and ensure that the case is final. CR 76.28.

May 2009

SCOKY COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW – June 21, 2009

Michael Stevens — 2009-06-28T17:18:19-04:00

JUDICIAL VACANCIES: 2nd Circuit, 1st Division

Michael Stevens — 2009-06-28T15:51:40-04:00

While perusing the AOC web site's JUDICIAL VACANCIES page, I noted that they still have posted those vacancies in which the deadline has passed but there is a new announcement hidden amongst the old.

Plus, the links did not work on Sunday, June 28, 2009 @ 3:50 pm.

Here are the links should they return on line:

2nd Circuit, 1st Division
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

AOC NEWS: 2009 Pretrial Services Conference, Louisville, June 28-July 1

Michael Stevens — 2009-06-28T15:45:32-04:00

2009 Pretrial Services Conference, Louisville, June 28-July 1

The 2009 Pretrial Services Conference is open to participants from the Kentucky Court of Justice and from outside the state court system. Presenters include Chief Justice of Kentucky John D. Minton Jr. and four nationally known speakers. Sessions will cover such topics as supervising clients, creating service plans and understanding courtroom procedures.
Conference Brochure (289KB-PDF)
Registration Form (153KB-MS Word)