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Posts filtered by tags: Kentucky Supreme Court[x]


 

The Man Who Wasn't Michael Taylor

An attorney who was permanently disbarred by the Eastern District of Kentucky Bankruptcy Court has received identical reciprocal discipline from the Kentucky Supreme Court. While suspended by the bankruptcy court. he continued to represent a couple In October 2017, the... [Author: Legal Profession Prof]
Tags: Law, Michael Taylor, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Eastern District of Kentucky Bankruptcy Court


Proof Of Fitness Required

The Kentucky Supreme Court rejected a proposed sanction that would have allowed the attorney's automatic reinstatement Bar Counsel contends that the Trial Commissioner and Board erred in determining that Howell should be suspended for a period of one-hundred-and eighty-one days,... [Author: Legal Profession Prof]
Tags: Law, Howell, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process


Drug Convictions Draw Five-Year Suspension

Consent discipline of a five-year suspension has been imposed by the Kentucky Supreme Court for two drug offenses The first of the two-count KBA charge relates to a 2011 Harrison County, Indiana, criminal case. On August 15, 2011, a confidential... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Harrison County Indiana


An Unnamed Attorney In The Revolving Door

The Kentucky Supreme Court publicly disclosed a private reprimand of an attorney as a means of educating the Bar Though the reprimand is private, the parties and the Court believe other members of the bar will benefit from a published... [Author: Legal Profession Prof]
Tags: Law, Court, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process


No action on blockbuster cases

This morning the Supreme Court released another set of orders from the justices’ private conference last week. On Friday, the justices announced that they would add eight cases from that conference to their docket. Today’s list did not grant review in any new cases, but it was perhaps most significant for what it did not do: The justices did not act on a long list of high-profile cases that they considered last week, involving everything from abortion to the Trump administration’s ban on service...
Tags: Texas, Featured, Supreme Court, Law, Kentucky, New York City, Indiana, United States, Lgbtq, White, Trump, U S Supreme Court, Toshiba Corp, Moore, Michaels, Howe


Relist Watch Returns

John Elwood reviews the first relists of 2019. Happy New Year and welcome back! Most of D.C. started 2019 nice and slow, enjoying offices (and roads) made quiet by vacations, both planned and unexpected. But not the Supremes. They jumped in with both feet, when most of the lawyering class was still finishing off their fruit baskets. On January 4, the court gave plenary review to the Maryland and North Carolina political-gerrymandering cases and set them for expedited briefing so they could be ...
Tags: Florida, Texas, Featured, Maryland, Supreme Court, Law, Congress, California, Planned Parenthood, Kentucky, Virginia, New York City, Freedom, Alabama, Indiana, United States


The Exoneration Rule

The Kentucky Supreme Court affirmed the dismissal of a legal malpractice claim The Exoneration Rule provides that a criminal defense attorney may not be sued for legal malpractice in a case resulting in the conviction of his or her client... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof


Plane Error

A four-year suspension has been ordered by the Kentucky Supreme Court In October 2002, a small plane flew into Brenda Osborne’s house in Middlesboro, Kentucky, while she was watching TV in her living room. She hired a lawyer to pursue... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Middlesboro Kentucky, Brenda Osborne


The Relist Watch Before Christmas (UPDATED)

John Elwood previews 2018’s last relists. [Editor’s Note: This post was updated on Wednesday afternoon to include two additional relists, Newton v. Indiana and Mathena v. Malvo.] Here at Relist Watch, we have a long and distinguished tradition of doing lighthearted, holiday-themed posts to commemorate the last installment of the year. It’s a great way of getting into the spirit of wearing novelty clothing while making awkward small talk in overcrowded rooms. But this year, we’re inaugurating a n...
Tags: Florida, Texas, Featured, Supreme Court, Law, Kentucky, Virginia, Alabama, Fresno, Indiana, United States, New Jersey, Ohio, Atkins, Louisiana, Zappos


The Relist Watch Before Christmas

John Elwood previews 2018’s last relists. Here at Relist Watch, we have a long and distinguished tradition of doing lighthearted, holiday-themed posts to commemorate the last installment of the year. It’s a great way of getting into the spirit of wearing novelty clothing while making awkward small talk in overcrowded rooms. But this year, we’re inaugurating a new tradition inspired by my family’s recent holiday card practice: doing nothing. Nothing: It’s like a lump of coal, but carbon neutral. ...
Tags: Florida, Texas, Featured, Supreme Court, Law, Kentucky, Virginia, Fresno, United States, New Jersey, Ohio, Atkins, Zappos, Oklahoma, ANN, Robins


Relist Watch

John Elwood reviews Monday’s relists. With just one conference left in 2018, all is quiet on the Supreme Court’s shadow docket. Scarcely a creature has been stirring among the returning relists, which – with one exception – have been nestled snug in their beds for at least five relists each and thus are past the point where the statistics would say they’re prime candidates for a grant. (Sure, there are exceptions. But they are just that – exceptions.) And the serial rescheduled cases also appear...
Tags: Florida, Texas, Featured, Supreme Court, Law, Congress, Kentucky, Virginia, Cotton, United States, Williams, New Jersey, United Arab Emirates, Kansas, Ohio, Atkins


Intentional Mining Neighbor's Property is Not an Occurrence

    The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass.  Am. Mining Ins. Co. v. Peters Farms, LLC , 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018).      Beginning in 2007, Ikerd Mining. LLC removed 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that ...
Tags: Insurance, Peters, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Occurrence, Am Mining Ins Co, Peters Farms LLC, Ikerd Mining LLC, Ikerd, American Mining Insurance Company Inc AMIC, AMIC


Intentional Mining Neighbor's Property is Not an Occurrence

    The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass.  Am. Mining Ins. Co. v. Peters Farms, LLC , 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018).      Beginning in 2007, Ikerd Mining. LLC removed 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that ...
Tags: Insurance, Peters, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Occurrence, Am Mining Ins Co, Peters Farms LLC, Ikerd Mining LLC, Ikerd, American Mining Insurance Company Inc AMIC, AMIC


Intentional Mining Neighbor's Property is Not an Occurrence

    The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass.  Am. Mining Ins. Co. v. Peters Farms, LLC , 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018).      Beginning in 2007, Ikerd Mining. LLC removed 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that ...
Tags: Insurance, Peters, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Occurrence, Am Mining Ins Co, Peters Farms LLC, Ikerd Mining LLC, Ikerd, American Mining Insurance Company Inc AMIC, AMIC


Intentional Mining Neighbor's Property is not an Occurrence

    The Kentucky Supreme Court determined there was no coverage when the insured was sued for mineral trespass.  Am. Mining Ins. Co. v. Peters Farms, LLC , 2018 Ky. LEXIS 287 (Ky. Aug. 16, 2018).      Beginning in 2007, Ikerd Mining. LLC removed 20,212 toms of coal from land belonging to Peters Farms, LLC. Of that amount, 10,012 tons were wrongfully mined under Ikerd's alleged mistaken belief as to the correct location of Peters' boundaries. The other 1,200 tons were mined by Ikerd knowing that ...
Tags: Insurance, Peters, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Duty to Defend, Tred Eyerly, Occurrence, Am Mining Ins Co, Peters Farms LLC, Ikerd Mining LLC, Ikerd, American Mining Insurance Company Inc AMIC, AMIC


Snow Job

The Kentucky Supreme Court has reprimanded an attorney From September 16, 2015, through January 21, 2016, Malone filed, or served upon opposing counsel, eight documents on his client’s behalf. Malone signed his client’s signature to all eight documents with permission.... [Author: Legal Profession Prof]
Tags: Law, Malone, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process


Relist Watch

John Elwood reviews the cases the Supreme Court relisted after the long conference. I don’t find much to be amused about recently, so let’s just do this. The Supreme Court relisted 17 cases after the long conference held on September 24. That’s a big increase in raw numbers from last term, but the numbers are inflated because there are a few groups of cases presenting the same issues.  This week’s cases include: A follow-on to last term’s First Amendment challenge to mandatory union dues, Janus...
Tags: Featured, Supreme Court, Law, Congress, California, Planned Parenthood, Washington, United States, Kansas, Miami, Oklahoma, Johnson, Smith, ANN, Wood, Lemon


No Coverage for Contractor's Faulty Workmanship

    The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper.  Martin v. Acuity , 2018 Ky. LEXIS 188 (Ky. April 26, 2018).      Martin Elias/Properties, LLC (MEP) purchased an older home to renovate and resell for profit. MEP hired Tony Gosney to renovate and expand the basement. Gosney agreed to dig the existing basement deeper, pour new footers and pour a new concrete floor. While perfor...
Tags: Insurance, Martin, Court of Appeals, Kentucky Supreme Court, Comprehensive General Liability, Construction Defects, Duty to Defend, Tred Eyerly, Acuity, Martin Elias Properties LLC, Tony Gosney, Gosney, Acuity Gosney


Kentucky Supreme Court finds state's statute for assessing intellectually disability in capital cases does not comply with Eighth Amendment

As reported in this local article, the "Kentucky Supreme Court ruled Thursday that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is “unconstitutional” and has established new guidelines."  Here is more about the ruling: The order changing Kentucky’s rules on capital punishment came in the case of Robert Keith Woodall, who was sentenced to death for raping and killing a 16-year-old girl in Greenville two decades ago. The ...
Tags: Law, Kentucky, Greenville, U S Supreme Court, Woodall, Kentucky Supreme Court, Douglas A Berman, Robert Keith Woodall


Snowball's Chance

Permanent disbarment has been ordered by the Kentucky Supreme Court In October 2016, Respondent represented Daniel Snowball at a mediation conference regarding Snowball's personal injury claims against several defendants. Upon conclusion of the mediation, Snowball and another plaintiff accepted aggregate... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Daniel Snowball


Master Of The Bluegrass

The Kentucky Supreme Court sanctioned a Master Commissioner with a four-year suspension with the last 18 months probated. During her tenure, Chenault managed the Master Commissioner's bank accounts. Chenault's job duties included paying her own and her staff's salaries from... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Chenault


“Second spot in Kentucky Supreme Court runoff decided by just 51 votes”

“Second spot in Kentucky Supreme Court runoff decided by just 51 votes”: Bill Estep of The Lexington Herald-Leader has this report.
Tags: Law, Uncategorized, Kentucky Supreme Court, Bill Estep, The Lexington Herald


My Old Kentucky License

The Kentucky Supreme Court has held that an attorney is eligible for license restoration Oberdorff was admitted as a member of the Kentucky bar on August 18, 2000. Previously, Oberdorff had practiced law in Ohio for twenty years, having been... [Author: Legal Profession Prof]
Tags: Law, Kentucky, Ohio, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Oberdorff


Practice Pointer: Don't Give Closing Argument With A .337 Breathalyzer

The Kentucky Supreme Court ordered the temporary suspension of an attorney based on a motion by the Inquiry Commission of the State Bar Gray represented his client in a civil case in Jefferson Circuit Court, the trial"for which was held... [Author: Legal Profession Prof]
Tags: Law, Don, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Jefferson Circuit Court, Inquiry Commission of the State Bar Gray


Conn Man

The Kentucky Supreme Court has permanently disbarred Eric Conn The factual basis leading to Conn's disbarment is found in KBA files 22222 and 16-DIS-24363. KBA file 16-DIS-24363 stems from Conn's guilty plea following his March 16, 2017, plea to two... [Author: Legal Profession Prof]
Tags: Law, Conn, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process, Eric Conn


"Gay pride T-shirt case will be heard by Kentucky Supreme Court"

"Gay pride T-shirt case will be heard by Kentucky Supreme Court": Thomas Novelly of The Louisville Courier-Journal has this report. And Beth Musgrave of The Lexington Herald-Leader has an article headlined "Did T-shirt company violate city's fairness ordinance? State's high court to decide."
Tags: Law, Lexington Herald, Louisville Courier Journal, Kentucky Supreme Court, Thomas Novelly, Beth Musgrave


My Mother The Juror

The Kentucky Supreme Court has reversed a criminal conviction because the mother of the County Attorney was not struck for cause. A peremptory challenge was exercised but the issue was preserved Later, Appellant used a peremptory strike on the juror... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof


Conviction Reversed Where Prosecutor's Brother-In-Law Served As Jury Foreman

The Kentucky Supreme Court has reversed a criminal conviction for first-degree sexual abuse. The allegations involved the defendant's repeated touching of the buttocks of an 11-year -old child during a game of air hockey. The problem that led to reversal... [Author: Legal Profession Prof]
Tags: Law, Kentucky Supreme Court, Legal Profession Prof, Bar Discipline & Process


No Discharge For Cause Where Commendable Efforts Were the Reason

The Kentucky Supreme Court reversed a circuit court's rejection of a law firm's claim of fee entitlement in personal injury matter where the client (or his mother, who apparently did most of the interacting with the firm) had discharged counsel... [Author: Legal Profession Prof]
Tags: Law, Billable Hours, Kentucky Supreme Court, Legal Profession Prof


Opinion analysis: Justices rebuff Kentucky rule invalidating arbitration agreements signed under power of attorney

For anybody who thought that the Supreme Court’s protective attitude toward arbitration agreements would differ in the absence of the late Justice Antonin Scalia, the decision this morning in Kindred Nursing Centers Limited Partnership v. Clark will come as a surprise. By a 7-1 margin, the court firmly rejected a Kentucky decision that adopted a clear-statement rule under which a general power of attorney, valid to authorize the execution of contracts generally, would not validly authorize execu...
Tags: Featured, Supreme Court, Law, Kentucky, Analysis, Faa, Antonin Scalia, Clark, Elena Kagan, Kagan, Clarence Thomas, Kentucky Supreme Court, Merits Cases, Kindred Nursing Centers Limited Partnership, Imburgia, DIRECTV Inc



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