Kentucky Case Commentaries

Ensuring Fair Cross-Examination of Witness Bias: Kentucky Supreme Court Reverses Trial Court in Baker v. Kammerer

Date: Mar 24, 2006

Ensuring Fair Cross-Examination of Witness Bias: Kentucky Supreme Court Reverses Trial Court in Baker v. Kammerer Introduction In the landmark case of Amanda Baker v. Theresa Kammerer (187 S.W.3d...

Reaffirming the Burden of Proof in Age Discrimination Claims: Williams v. Wal-Mart Stores, Inc.

Date: Mar 24, 2006

Reaffirming the Burden of Proof in Age Discrimination Claims: Williams v. Wal-Mart Stores, Inc. Introduction Linda H. Williams filed a lawsuit against Wal-Mart Stores, Inc. and two individual...

Supreme Court of Kentucky Clarifies Insurance Coverage in CERCLA Context: ANI v. Commonwealth of Kentucky

Date: Jan 20, 2006

Supreme Court of Kentucky Clarifies Insurance Coverage in CERCLA Context: ANI v. Commonwealth of Kentucky Introduction The case of Aetna Casualty Surety Company, et al., Appellants, v. Commonwealth...

Expert Testimony Requirement and Collateral Source Recovery Affirmed in Central Baptist Hospital v. Miller

Date: Dec 23, 2005

Expert Testimony Requirement and Collateral Source Recovery Affirmed in Central Baptist Hospital v. Miller Introduction The case of Baptist Healthcare Systems, Inc. d/b/a Central Baptist Hospital v....

Enforcement of Mechanic's Lien Statutes and Finality of Settlement Agreements: Insights from 3D Enterprises v. Louisville MSD

Date: Nov 24, 2005

Enforcement of Mechanic's Lien Statutes and Finality of Settlement Agreements: Insights from 3D Enterprises Contracting Corporation v. Louisville and Jefferson County Metropolitan Sewer District...

Kentucky Supreme Court Establishes Strict Standards for Election Scheduling on Ballot Initiatives

Date: Oct 14, 2005

Kentucky Supreme Court Establishes Strict Standards for Election Scheduling on Ballot Initiatives Introduction The case of Warren P. Rogers et al. v. Lexington-Fayette Urban County Government et al....

Reaffirming Vicarious Liability in Intentional Torts: Supreme Court of Kentucky in Patterson v. Blair

Date: Sep 23, 2005

Reaffirming Vicarious Liability in Intentional Torts: Supreme Court of Kentucky in Patterson v. Blair Introduction In the case of Tommie Lee Patterson v. Thomas C. Blair, Jr.; and Tommy Blair, Inc.,...

Admissibility of Interrogation Recordings and Diary Entries in Criminal Trials: Insights from Lanham v. Commonwealth of Kentucky

Date: Aug 26, 2005

Admissibility of Interrogation Recordings and Diary Entries in Criminal Trials: Insights from Lanham v. Commonwealth of Kentucky Introduction The case of Phillip Lanham vs. Commonwealth of Kentucky,...

Reaffirmation of Statute of Frauds in Loan Agreements: Farmers Bank v. Willmott Hardwoods

Date: Aug 26, 2005

Reaffirmation of Statute of Frauds in Loan Agreements: Farmers Bank v. Willmott Hardwoods Introduction Farmers Bank and Trust Company of Georgetown, Kentucky, the appellant, challenged a decision in...

Grand Aerie Fraternal Order of Eagles v. Carneyhan: Defining the Scope of Supervisory Duty in National Fraternal Organizations

Date: Aug 26, 2005

Grand Aerie Fraternal Order of Eagles v. Carneyhan: Defining the Scope of Supervisory Duty in National Fraternal Organizations Introduction In Grand Aerie Fraternal Order of Eagles, Appellant v....

Kentucky Supreme Court Upholds Drug Trafficking Conviction: Implications for Prosecutorial Conduct and Evidentiary Standards

Date: Jun 17, 2005

Kentucky Supreme Court Upholds Drug Trafficking Conviction: Implications for Prosecutorial Conduct and Evidentiary Standards Introduction In the landmark case of Commonwealth of Kentucky v. Lorrie...

Affidavit Requirements Not Mandatory for CR 59.05 Custody Modification Motions: Analysis of Stephanie Gullion v. Matthew Gullion

Date: May 20, 2005

Affidavit Requirements Not Mandatory for CR 59.05 Custody Modification Motions Introduction The case of Stephanie Gullion v. Matthew Gullion, adjudicated by the Supreme Court of Kentucky on May 19,...

Application of KRE 404(b) for Prior Misdemeanor Evidence and KRE 902 for Out-of-State Medical Records: Insights from Matthews v. Commonwealth of Kentucky

Date: May 20, 2005

Application of KRE 404(b) for Prior Misdemeanor Evidence and KRE 902 for Out-of-State Medical Records: Insights from Matthews v. Commonwealth of Kentucky Introduction William Vernon Matthews v....

Reaffirming Private Rights of Action Under KOSHA: Hargis v. Baize Establishes Liability for Safety Regulation Violations

Date: May 20, 2005

Reaffirming Private Rights of Action Under KOSHA: Hargis v. Baize Establishes Liability for Safety Regulation Violations Introduction In the landmark case of Donna Hargis, Indi v. Dually et al.,...

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...