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  • Commentaries
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Kentucky Case Commentaries

Strict Application of Statute of Limitations and Sovereign Immunity in Kentucky Sexual Harassment Cases

Strict Application of Statute of Limitations and Sovereign Immunity in Kentucky Sexual Harassment Cases

Date: Nov 17, 2000
Strict Application of Statute of Limitations and Sovereign Immunity in Kentucky Sexual Harassment Cases Introduction The case of Debra F. Ammerman, Phyllis W. Guthrie, and Linda W. Simons v. The...
Permanent Total Disability Determination Under KRS 342.0011(11): Affirming OSBORNE v. JOHNSON Principles

Permanent Total Disability Determination Under KRS 342.0011(11): Affirming OSBORNE v. JOHNSON Principles

Date: Oct 27, 2000
Permanent Total Disability Determination Under KRS 342.0011(11): Affirming OSBORNE v. JOHNSON Principles Introduction The case of IRA A. Watson Department Store v. Da ([34 S.W.3d 48](#)), adjudicated...
Preserving Common Law Indemnity in the Era of Comparative Negligence: Insights from Degener v. Hall Contracting Corporation and Salazar v. Korp II Limited Partnership

Preserving Common Law Indemnity in the Era of Comparative Negligence: Insights from Degener v. Hall Contracting Corporation and Salazar v. Korp II Limited Partnership

Date: Oct 27, 2000
Preserving Common Law Indemnity in the Era of Comparative Negligence: Insights from Degener v. Hall Contracting Corporation and Salazar v. Korp II Limited Partnership Introduction The Supreme Court...
Establishing Fair Handling Standards: Farmland Mutual Insurance Co. v. Johnsons

Establishing Fair Handling Standards: Farmland Mutual Insurance Co. v. Johnsons

Date: Oct 27, 2000
Establishing Fair Handling Standards: Farmland Mutual Insurance Co. v. Johnsons Introduction The case of Farmland Mutual Insurance Company v. Lemuel Johnson, Virginia Johnson; and A. L. Johnson...
Limiting the Scope of the Unfair Claims Settlement Practices Act: Insights from Joseph Da v. dson; and Thomas Da

Limiting the Scope of the Unfair Claims Settlement Practices Act: Insights from Joseph Da v. dson; and Thomas Da

Date: Sep 15, 2000
Limiting the Scope of the Unfair Claims Settlement Practices Act: Insights from Joseph Da v. dson; and Thomas Da Introduction The case of Joseph Davidson and Thomas Davidson v. American Freightways,...
Supreme Court of Kentucky Rules Against Stacking UIM Coverage for Guest Passengers

Supreme Court of Kentucky Rules Against Stacking UIM Coverage for Guest Passengers

Date: Sep 15, 2000
Supreme Court of Kentucky Rules Against Stacking UIM Coverage for Guest Passengers Introduction In the landmark case of Charles Robert James and Barbara Duncan v. Janice James and Nationwide...
Supreme Court of Kentucky Establishes Precedent on 'Wanton Murder' Linked to Drug Trafficking Activities

Supreme Court of Kentucky Establishes Precedent on 'Wanton Murder' Linked to Drug Trafficking Activities

Date: Jun 16, 2000
Supreme Court of Kentucky Establishes Precedent on 'Wanton Murder' Linked to Drug Trafficking Activities Introduction In the landmark case Avery Graves Appellant v. Commonwealth of Kentucky, decided...
Rebuttable Presumption in Workers' Compensation Claims Established by MAGIC COAL COMPANY v. Ronnie Fox

Rebuttable Presumption in Workers' Compensation Claims Established by MAGIC COAL COMPANY v. Ronnie Fox

Date: Jun 9, 2000
Establishing a Rebuttable Presumption in Workers' Compensation: An Analysis of MAGIC COAL COMPANY v. Ronnie FOX Introduction The case of MAGIC COAL COMPANY, Appellant, v. Ronnie FOX; Zaring P....
Correction of Sentencing Errors in Criminal Judgments: The Cardwell v. Commonwealth of Kentucky Case

Correction of Sentencing Errors in Criminal Judgments: The Cardwell v. Commonwealth of Kentucky Case

Date: Mar 17, 2000
Correction of Sentencing Errors in Criminal Judgments: The Cardwell v. Commonwealth of Kentucky Case Introduction The case of Charles Cardwell v. Commonwealth of Kentucky presents a pivotal judicial...
Extended Application of Daubert and Mitchell Standards to Technical Expertise: Goodyear Tire v. Thompson

Extended Application of Daubert and Mitchell Standards to Technical Expertise: Goodyear Tire v. Thompson

Date: Mar 17, 2000
Extended Application of Daubert and Mitchell Standards to Technical Expertise: Goodyear Tire v. Thompson Introduction The landmark case of The Goodyear Tire and Rubber Company, Appellant v. Dennis...
Affirmation of Anti-Lapse Statute Primacy Over Residuary Clauses in Wills: Blevins and Blevins v. Blevins et al.

Affirmation of Anti-Lapse Statute Primacy Over Residuary Clauses in Wills: Blevins and Blevins v. Blevins et al.

Date: Feb 12, 2000
Affirmation of Anti-Lapse Statute Primacy Over Residuary Clauses in Wills: Blevins and Blevins v. Blevins et al. Introduction The case of Blevins and Blevins v. Blevins et al. addresses a pivotal...
Clarification of Peremptory Challenges Allocation in Joint Defendants Trials

Clarification of Peremptory Challenges Allocation in Joint Defendants Trials

Date: Sep 24, 1999
Clarification of Peremptory Challenges Allocation in Joint Defendants Trials Introduction The case of Kimberly Springer and Alexandra Eades v. Commonwealth of Kentucky represents a significant...
Affirmation of Capital Conviction in John Mills v. Commonwealth of Kentucky: A Comprehensive Judicial Analysis

Affirmation of Capital Conviction in John Mills v. Commonwealth of Kentucky: A Comprehensive Judicial Analysis

Date: Aug 27, 1999
Affirmation of Capital Conviction in John Mills v. Commonwealth of Kentucky: A Comprehensive Judicial Analysis Introduction In the landmark case of John Mills v. Commonwealth of Kentucky, the Supreme...
Motorists Mutual Insurance Co. v. Glass: Kentucky Supreme Court Limits Underinsured Motorist Stacking and Establishes Standards for Bad Faith Claims under UCSPA

Motorists Mutual Insurance Co. v. Glass: Kentucky Supreme Court Limits Underinsured Motorist Stacking and Establishes Standards for Bad Faith Claims under UCSPA

Date: Aug 27, 1999
Motorists Mutual Insurance Co. v. Glass: Kentucky Supreme Court Limits Underinsured Motorist Stacking and Establishes Standards for Bad Faith Claims under UCSPA Introduction In the landmark case of...
Affirmation of Fraud and Promissory Estoppel in At-Will Employment: UPS v. Rickert

Affirmation of Fraud and Promissory Estoppel in At-Will Employment: UPS v. Rickert

Date: Aug 27, 1999
Affirmation of Fraud and Promissory Estoppel in At-Will Employment: UPS v. Rickert Introduction The case of United Parcel Service Company and United Parcel Service of America, Inc. v. John Rickert,...
Reopening Workers' Compensation Settlements and Crediting Settled Disability Claims: Insights from Whittaker v. Rowland

Reopening Workers' Compensation Settlements and Crediting Settled Disability Claims: Insights from Whittaker v. Rowland

Date: Aug 27, 1999
Reopening Workers' Compensation Settlements and Crediting Settled Disability Claims: Insights from Whittaker v. Rowland Introduction Whittaker v. Rowland, 998 S.W.2d 479 (1999), adjudicated by the...
Indefiniteness in Corporate Agreements: Kentucky Court Upholds 'All or Nothing' Enforceability Standard

Indefiniteness in Corporate Agreements: Kentucky Court Upholds 'All or Nothing' Enforceability Standard

Date: Aug 19, 1999
Indefiniteness in Corporate Agreements: Kentucky Court Upholds 'All or Nothing' Enforceability Standard Introduction In the landmark case of Albert Cinelli v. Thomas G. Ward et al. (997 S.W.2d 474),...
Admissibility of RFLP and PCR DNA Evidence Without Pretrial Daubert Hearing: Ste v. Fugate

Admissibility of RFLP and PCR DNA Evidence Without Pretrial Daubert Hearing: Ste v. Fugate

Date: Jun 18, 1999
Admissibility of RFLP and PCR DNA Evidence Without Pretrial Daubert Hearing: Ste v. Fugate Introduction The case of Steve Ray Fugate versus the Commonwealth of Kentucky (1999) serves as a landmark...
Affirmation of Admissibility of Prior Sexual Misconduct Evidence under KRE 404(b)(1) in Commonwealth v. English

Affirmation of Admissibility of Prior Sexual Misconduct Evidence under KRE 404(b)(1) in Commonwealth v. English

Date: Jun 18, 1999
Affirmation of Admissibility of Prior Sexual Misconduct Evidence under KRE 404(b)(1) in Commonwealth v. English Introduction Commonwealth of Kentucky v. Jesse James English is a seminal case...
Reaffirmation of the Blockburger Rule in Double Jeopardy Analysis: Taylor v. Commonwealth of Kentucky

Reaffirmation of the Blockburger Rule in Double Jeopardy Analysis: Taylor v. Commonwealth of Kentucky

Date: Jun 18, 1999
Reaffirmation of the Blockburger Rule in Double Jeopardy Analysis: Taylor v. Commonwealth of Kentucky Introduction Robert Taylor v. Commonwealth of Kentucky, 995 S.W.2d 355 (Ky. 1999), is a...
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