David Kramer

207 Thomas More Parkway
Crestview Hills, KY 41017, United States

  • 859-341-1881
  • 859-341-1469

Recent COAKY Decision Discusses Award of Witness's "Per Diem" Expense or "Allowance" as Recoverable Cost (including for Expert)

In a recent decision by the Kentucky Court of Appeals that was designated for publication but is now pending on a petition for rehearing, the Kentucky Court of Appeals discussed a seldom used and infrequently cited statute that…more
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SCOKY Issues Rules for eFiling Pilot Project in Franklin Circuit Court, effective 12/15/13

In Order 2013-14, http://courts.ky.gov/courts/supreme/Rules_Procedures/201316.pdf (issued November 12, 2013), the Kentucky Supreme Court adopted rules of practice and procedure for the forthcoming electronic filing ("eFiling")…more
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SCOKY Amends CR 23 to Direct Some Residual Class Action Proceeds to Legal Aid for Low-Income Kentuckians

In Order 2013-14 (http://courts.ky.gov/courts/supreme/Rules_Procedures/201314.pdf) (eff. 1/1/2014), the Kentucky Supreme Court adopted a new section of Civil Rule 23 governing class actions providing not less than 25% of any…more
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SCOKY Amends Several Civil Rules, Including Providing Litigants the Option to Require Electronic Service

The Kentucky Supreme Court recently issued an order amending several of the Kentucky Rules of Civil Procedure effective January 1, 2014. The amended Civil Rules are as follows: CR 4.01(1)(b) and (c): The amendment provides…more
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New COAKY Decision Suggests Supplementing CR 26 Expert Disclosure If Co-Party's Expert Expands On Opinions in Deposition Testimony

In a wide-ranging new decision that was not designated for publication, the Kentucky Court of Appeals in a case originating in Boone County suggested that a litigant should supplement its CR 26 expert witness disclosure with new…more
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COAKY Issues Mandamus Writ Lifting Stay of Discovery In Bad Faith Action So Defendant Could Pursue Evidence Justifying Time-Limited Removal To Federal Court

In ProNational Insurance Co., v. Caudill, 2013-CA-639-OA (6/24/13), the Kentucky Court of Appeals issued a writ of mandamus compelling a trial court to lift a stay of discovery in an insurance bad faith claim so the defendant…more
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Court Ruling Highlights Landlord's Possible Liability for Tenant's Dog

Residential landlords need to be aware of a recent decision of the Kentucky Supreme Court that highlights their possible liability for dog bites inflicted by their tenants' dogs. In Benningfield v. Zinsmeister, 367 S.W.3d 561…more
| Personal Injury

Pleading A Claim For Recovery of Attorney's Fees

In an earlier blog, the importance of having an award of attorney's fees included in a judgment rather than treating it as a recoverable cost that may be resolved after entry of judgment was discussed. This post raises the…more
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Right of Co-Parties to File Separate Appellate Briefs

Confusion sometimes arises in appeals in which there are co-parties as to whether each co-party is entitled to file its own appellate brief, or whether co-parties must jointly submit one brief. CR 73.01(3) states that two or…more
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COAKY Distinguishes Wrongful Use of Civil Proceeding From Malicious Prosecution, Discusses Which Findings Are For Judge and Which Are For Jury

In Bates v. Curtis, 2010-CA-990 (8/17/2012), the Kentucky Court of Appeals discussed the difference between a claim of wrongful use of civil proceedings and a claim of malicious prosecution. The former claim arises when there…more
| Civil Procedure

Recent SCOKY Decision Limits Property Tax Exemption For Nonprofits To Purely Charitable Enterprises; Case Could Spawn Other Challenges to Non-Exempt

A recent decision by the Kentucky Supreme Court could have significant ramifications for nonprofit corporations that own real property in Kentucky and do not serve a purely charitable public purpose. In Hancock v. Prestonburg…more
| Civil Procedure, Nonprofit Law

New Kentucky Supreme Court Ruling May Increase Landlord's Liability For Dog Bite By Tenant's Dog While "On or About" Landlord's Property

In a very recent decision, Benningfield v. Zinsmeister, --- S.W.3d ---, 2009-SC-000660-DG (6/25/12), the Kentucky Supreme Court interpreted Kentucky statutes as permitting a landlord to be held liable when a tenant's dog…more
| Civil Procedure

SCOKY Holds "Gap-Filler" IIED Claim Does Not Lie If Facts Fit Traditional Tort

The Kentucky Supreme Court, in Childers v. Geile, --- S.W.3d ---, 2009-SC-000790-DG (6/21/12), discussed whether a claim for intentional infliction of emotional distress can be maintained when the same facts also support a…more
| Civil Procedure

Corporations Beware Veil Piercing And Loss of Limited Liability Protection

In two opinions rendered on February 23, 2012, the Kentucky Supreme Court highlighted the considerations that Kentucky courts are to apply in deciding whether to pierce the corporate veil of corporate defendants in order to…more
| Civil Procedure

New COAKY Decision Distinguishes Negligent Hiring/Supervision Claim From Respondeat Superior, Discusses Imposition of Punitive Damages Against Employer for Acts of Employee

A recent decision of the Kentucky Court of Appeals (by Judge James Lambert) in Allgeier v. MV Transportation, Inc., 2010-CA-111907, issued 5/11/2012, discussed the difference between respondeat superior and negligent…more
| Civil Procedure
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