Kentucky Case Commentaries

Affirmation of Termination of Parental Rights in Cases of Abuse and Neglect: Establishing New Precedent in Kentucky

Date: Mar 26, 2021

Affirmation of Termination of Parental Rights in Cases of Abuse and Neglect: Establishing New Precedent in Kentucky Introduction In the landmark case of R. M. and S. M. Appellants v. Cabinet for...

Defeating Intentional-Loss Exclusions: Mental Capacity Standards in Insurance Claims

Date: Feb 19, 2021

Defeating Intentional-Loss Exclusions: Mental Capacity Standards in Insurance Claims Introduction In Breent Foreman, Kathleen Foreman, and Logan Foreman Appellants v. Auto Club Property-Casualty...

Revival of Actions Under KRS 395.278 and CR 25.01: Establishing Procedural Clarity in Kentucky

Date: Jan 22, 2021

Revival of Actions Under KRS 395.278 and CR 25.01: Establishing Procedural Clarity in Kentucky Introduction The Supreme Court of Kentucky, in Estate of John C. Benton, Jr. by Mary M. Marcum, as...

Affirmation of Sovereign and Qualified Official Immunity under KRS 71.040 in Gallo v. Louisville Metro Government

Date: Dec 18, 2020

Affirmation of Sovereign and Qualified Official Immunity under KRS 71.040 in Gallo v. Louisville Metro Government Introduction In the landmark case of A.H. and H.H., the Minor Children of James...

Prosecutorial Misconduct as Grounds for Reversal: Brafman v. Commonwealth of Kentucky

Date: Dec 18, 2020

Prosecutorial Misconduct as Grounds for Reversal: Brafman v. Commonwealth of Kentucky Introduction In the landmark case Brafman v. Commonwealth of Kentucky, the Supreme Court of Kentucky addressed...

Affirming Governor's Emergency Powers under KRS Chapter 39A in COVID-19 Response

Date: Nov 13, 2020

Affirming Governor's Emergency Powers under KRS Chapter 39A in COVID-19 Response Introduction The COVID-19 pandemic posed unprecedented challenges to governments worldwide, necessitating swift and...

Kentucky Supreme Court Simplifies Preservation Rules for Directed Verdicts in Criminal Appeals

Date: Oct 30, 2020

Kentucky Supreme Court Simplifies Preservation Rules for Directed Verdicts in Criminal Appeals Introduction The case of Brady Lee Ray v. Commonwealth of Kentucky (611 S.W.3d 250) represents a...

Isaacs v. Sentinel Insurance: Clarifying Underinsured Motorist Coverage for Corporate Entities

Date: Sep 25, 2020

Isaacs v. Sentinel Insurance: Clarifying Underinsured Motorist Coverage for Corporate Entities Introduction The case of Darryl Isaacs and Theresa Isaacs v. Sentinel Insurance Company Limited d/b/a...

Affirmation of Surviving Spouse's Income Benefits under KRS 342.750(1)(a) and Upholding Time Limitations under KRS 342.750(6)

Date: Sep 25, 2020

Affirmation of Surviving Spouse's Income Benefits under KRS 342.750(1)(a) and Upholding Time Limitations under KRS 342.750(6) Introduction In the case of Calloway County Sheriff's Department...

Wrongful Use of Civil Proceedings and Statute of Limitations in Professional Services: Kentucky Supreme Court Sets New Precedent in Seiller Waterman v. RLB Properties

Date: Jul 10, 2020

Wrongful Use of Civil Proceedings and Statute of Limitations in Professional Services: Kentucky Supreme Court Sets New Precedent in Seiller Waterman v. RLB Properties Introduction The Kentucky...

Kentucky Supreme Court Establishes Trial Court Responsibility for McDonnell Douglas Substantial Younger Determination in Age-Discrimination Cases

Date: May 29, 2020

Kentucky Supreme Court Establishes Trial Court Responsibility for McDonnell Douglas Substantial Younger Determination in Age-Discrimination Cases Introduction The case of Norton Healthcare, Inc. v....

Supreme Court of Kentucky Reaffirms Separate Treatment of DNA and Custody Actions in Visitation Orders

Date: Mar 27, 2020

Supreme Court of Kentucky Reaffirms Separate Treatment of DNA and Custody Actions in Visitation Orders Introduction In the landmark case of B.S.S. Appellant v. K.S., Now K.G. Appellee, the Supreme...

Strict Enforcement of Statute of Limitations in Estate Litigation: Williams v. Hawkins

Date: Feb 21, 2020

Strict Enforcement of Statute of Limitations in Estate Litigation: Williams v. Hawkins Introduction Williams v. Hawkins (594 S.W.3d 189), decided by the Supreme Court of Kentucky on February 20,...

Expert Testimony Essential in Medical Malpractice Cases: Kentucky Supreme Court Reinforces Causation Standards

Date: Aug 30, 2019

Expert Testimony Essential in Medical Malpractice Cases: Kentucky Supreme Court Reinforces Causation Standards Introduction In the landmark case of Ashland Hospital Corporation d/b/a King’s Daughters...

Court-Ordered Blood Tests Validated as Search Warrants in DUI Manslaughter Cases

Date: Jun 14, 2019

Court-Ordered Blood Tests Validated as Search Warrants in DUI Manslaughter Cases Introduction The case of Suzanne Marie Whitlow v. Commonwealth of Kentucky presents a pivotal moment in the...

Judicial Statements Privilege Clarified: Supreme Court of Kentucky Vacates Interlocutory Appeal in Maggard v. Kinney

Date: Jun 14, 2019

Judicial Statements Privilege Clarified: Supreme Court of Kentucky Vacates Interlocutory Appeal in Maggard v. Kinney Introduction In the case of Maggard v. Kinney, 576 S.W.3d 559 (Ky. 2019), the...

Establishing the Exoneration Rule in Kentucky Legal Malpractice Claims

Date: Dec 14, 2018

Establishing the Exoneration Rule in Kentucky Legal Malpractice Claims Introduction The case of Meredith L. Lawrence, and Meredith L. Lawrence, P.S.C. Appellants v. Bingham, Greenebaum, Doll, L.L.P.;...

Enforcement of Restrictive Covenants in Residential Subdivisions: Hensley v. Gadd

Date: Nov 16, 2018

Enforcement of Restrictive Covenants in Residential Subdivisions: Hensley v. Gadd Introduction In Don Hensley, Appellant/Cross-Appellee v. Keith A. Gadd and JHT Properties, LLC,...

Retroactive Amendment of KAPT Contracts Violates Contract Impairment Clauses

Date: Nov 2, 2018

Retroactive Amendment of KAPT Contracts Violates Contract Impairment Clauses Introduction In the landmark case of Maze v. Board of Directors for the Commonwealth Postsecondary Education Prepaid...

Clarifying 'Purchaser for Use' in Kentucky Motor Vehicle Insurance Liability: The Travelers Indemnity Company v. Armstrong Decision

Date: Nov 2, 2018

Clarifying 'Purchaser for Use' in Kentucky Motor Vehicle Insurance Liability: The Travelers Indemnity Company v. Armstrong Decision Introduction The case of The Travelers Indemnity Company v. Charles...