Kentucky Case Commentaries

Affirmation of Capital Kidnapping and Murder Convictions: In-Depth Commentary on Ernst v. Commonwealth of Kentucky

Date: Apr 22, 2005

Affirmation of Capital Kidnapping and Murder Convictions: In-Depth Commentary on Ernst v. Commonwealth of Kentucky Introduction Ernst v. Commonwealth of Kentucky, 160 S.W.3d 744 (Ky. 2005), is a...

KALF Insurance Coverage Exclusion in Breach of Quasi-Contract Case

Date: Mar 18, 2005

KALF Insurance Coverage Exclusion in Breach of Quasi-Contract Case Introduction The case of Kentucky Association of Counties All Lines Fund Trust v. McClendon et al. addresses the crucial issue of...

Kentucky Supreme Court Affirms Defamation Liability in Employment Termination Case

Date: Jan 21, 2005

Kentucky Supreme Court Affirms Defamation Liability in Employment Termination Case Introduction In the case of Virginia Stringer, Reual E. Angel, Donnie H. Brummett, and Tina M. Sparks v. Wal-Mart...

Limiting Discovery and Protecting Trade Secrets: Grange Mutual Insurance Co. v. Trude

Date: Jan 21, 2005

Limiting Discovery and Protecting Trade Secrets: Grange Mutual Insurance Co. v. Trude Introduction The case of Grange Mutual Insurance Company v. Hon. William W. Trude, Jr., Judge, and Dale Wilder...

Owner of Record Liability for Ad Valorem Taxes: Kentucky Supreme Court Establishes Clear Precedent

Date: Jan 21, 2005

Owner of Record Liability for Ad Valorem Taxes: Kentucky Supreme Court Establishes Clear Precedent Introduction In the landmark decision of Revenue Cabinet, Commonwealth of Kentucky v. H.E. O'Daniel,...

Separation of Powers and Plea Agreements: Supreme Court of Kentucky's Decision in HOSKINS v. MARICLE

Date: Dec 17, 2004

Separation of Powers and Plea Agreements: Supreme Court of Kentucky's Decision in HOSKINS v. MARICLE Introduction HOSKINS v. MARICLE, and Da v. Paul Smith, Appellants, 150 S.W.3d 1 (2004), is a...

Proper Application of Discretion Standards in Daubert Hearings: Miller v. Eldridge

Date: Oct 22, 2004

Proper Application of Discretion Standards in Daubert Hearings: Miller v. Eldridge Introduction Miller v. Eldridge, 146 S.W.3d 909 (Ky. 2004), is a pivotal case adjudicated by the Supreme Court of...

Consciousness of Guilt Through Identity Misrepresentation: Kentucky Supreme Court in Woodard v. Commonwealth

Date: Oct 22, 2004

Consciousness of Guilt Through Identity Misrepresentation: Kentucky Supreme Court in Woodard v. Commonwealth Introduction Background: In the case of James Clayton Woodard v. Commonwealth of Kentucky,...

Pursley v. Pursley: Enforcing Agreed-Upon Child Support Beyond Guidelines

Date: Sep 24, 2004

Pursley v. Pursley: Enforcing Agreed-Upon Child Support Beyond Guidelines Introduction Pursley v. Pursley, 144 S.W.3d 820 (Supreme Court of Kentucky, 2004), addresses critical issues surrounding the...

Affirmation of Rights to Self-Representation in Capital Cases: SOTO v. COMmonwealth

Date: Aug 27, 2004

Affirmation of Rights to Self-Representation in Capital Cases: SOTO v. COMmonwealth Introduction Miguel SOTO v. COMmonwealth of Kentucky is a landmark case adjudicated by the Supreme Court of...

Lexington-Fayette Urban County Government v. Jurdana: Affirming Sovereign Immunity and Implications for Apportionment Under KRS 411.182

Date: Aug 27, 2004

Lexington-Fayette Urban County Government v. Jurdana: Affirming Sovereign Immunity and Implications for Apportionment Under KRS 411.182 Introduction The case of Lexington-Fayette Urban County...

Mandatory Inclusion of Life Without Parole Sentencing Instruction upon Defendant's Consent: Michael D. ST. CLAIR v. COMMONWEALTH of Kentucky

Date: Aug 27, 2004

Mandatory Inclusion of Life Without Parole Sentencing Instruction upon Defendant's Consent: Michael D. ST. CLAIR v. COMMONWEALTH of Kentucky Introduction The case of Michael D. ST. CLAIR v....

Application of 'Regarded As' Prong in Disability Discrimination Claims: Hallahan v. The Courier-Journal

Date: Aug 4, 2004

Application of 'Regarded As' Prong in Disability Discrimination Claims: Hallahan v. The Courier-Journal Introduction The case of Dan Hallahan v. The Courier-Journal (138 S.W.3d 699) adjudicated by...

Admissibility of Expert Testimony in Product Liability: Toyota v. Gregory

Date: Jun 15, 2004

Admissibility of Expert Testimony in Product Liability: Toyota v. Gregory Introduction The Supreme Court of Kentucky delivered a pivotal decision in the case of Toyota Motor Corporation et al. v. Yu...

Adoption of Restatement §552 for Negligent Misrepresentation and Clarification of the Economic Loss Rule in Kentucky: Presnell Construction Managers, Inc. v. EH Construction, LLC

Date: May 21, 2004

Adoption of Restatement §552 for Negligent Misrepresentation and Clarification of the Economic Loss Rule in Kentucky: Presnell Construction Managers, Inc. v. EH Construction, LLC Introduction In the...

Enhanced Protections Against Retaliation under the Kentucky Civil Rights Act

Date: May 21, 2004

Enhanced Protections Against Retaliation under the Kentucky Civil Rights Act Introduction In the landmark case of Brooks v. Lexington-Fayette Urban County Housing Authority, the Supreme Court of...

Establishing the Threshold for Disability under the Kentucky Civil Rights Act: Heavy Lifting Restrictions Do Not Constitute Disability

Date: Mar 19, 2004

Establishing the Threshold for Disability under the Kentucky Civil Rights Act: Heavy Lifting Restrictions Do Not Constitute Disability Introduction The case of Howard Baer, Inc., et al. v. Herbert D....

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Kentucky Case Commentaries

Affirmation of Capital Kidnapping and Murder Convictions: In-Depth Commentary on Ernst v. Commonwealth of Kentucky

KALF Insurance Coverage Exclusion in Breach of Quasi-Contract Case

Kentucky Supreme Court Affirms Defamation Liability in Employment Termination Case

Limiting Discovery and Protecting Trade Secrets: Grange Mutual Insurance Co. v. Trude

Owner of Record Liability for Ad Valorem Taxes: Kentucky Supreme Court Establishes Clear Precedent

Separation of Powers and Plea Agreements: Supreme Court of Kentucky's Decision in HOSKINS v. MARICLE

Proper Application of Discretion Standards in Daubert Hearings: Miller v. Eldridge

Consciousness of Guilt Through Identity Misrepresentation: Kentucky Supreme Court in Woodard v. Commonwealth

Pursley v. Pursley: Enforcing Agreed-Upon Child Support Beyond Guidelines

Affirmation of Rights to Self-Representation in Capital Cases: SOTO v. COMmonwealth

Lexington-Fayette Urban County Government v. Jurdana: Affirming Sovereign Immunity and Implications for Apportionment Under KRS 411.182

Mandatory Inclusion of Life Without Parole Sentencing Instruction upon Defendant's Consent: Michael D. ST. CLAIR v. COMMONWEALTH of Kentucky

Application of 'Regarded As' Prong in Disability Discrimination Claims: Hallahan v. The Courier-Journal

Admissibility of Expert Testimony in Product Liability: Toyota v. Gregory

Adoption of Restatement §552 for Negligent Misrepresentation and Clarification of the Economic Loss Rule in Kentucky: Presnell Construction Managers, Inc. v. EH Construction, LLC

Enhanced Protections Against Retaliation under the Kentucky Civil Rights Act

Establishing the Threshold for Disability under the Kentucky Civil Rights Act: Heavy Lifting Restrictions Do Not Constitute Disability

Establishing the Due Process Right to Present Alternative Perpetrator Defenses: Beaty v. Commonwealth of Kentucky

Sexton v. Sexton: Upholding Nonmarital Property Rights in Partnership Interests

Punitive Damages Excluded in KCRA Retaliation Claims: Insights from McCullough v. Kentucky Dept. of Corrections