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
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
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
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
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
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
A very recent decision written by former Kentucky Supreme Court Chief Justice Joseph Lambert (sitting as Special Senior Judge of the Court of Appeals) in Snow Pallet, Inc., v. Monticello Banking Co., 2011-CA-696 (4/20/2012),…more
In the recent decision in Gill v. Burress, 2011-CA-332 (4/13/12) http://opinions.kycourts.net/coa/2011-CA-000332.pdf, the Kentucky Court of Appeals held that a plaintiff who claims a negligent delay in cancer diagnosis may…more
In O'Bannon v. Allen, 337 S.W.3d 662 (Ky. App. 2011) (http://opinions.kycourts.net/coa/2010-CA-000695.pdf), the Kentucky Court of Appeals, in an opinion authored by Judge Michelle Keller, upheld a trial court's order dismissing…more
On Feb. 23 I posted about Goodin v. White, 342 S.W.3d 282 (Ky. App. 2011), the first Kentucky appellate decision dealing with Mary Carter settlement agreements. After running the post I received additional information,…more
Until recently, Kentucky courts interpreted the Kentucky long-arm statute as permitting jurisdiction to the full extent of federal due process, which meant that if federal due process permitted personal jurisdiction over a…more
In Goodin v. White, 342 S.W.3d 282 (Ky. App. 2011), the Kentucky Court of Appeals upheld a trial court's refusal to admit into evidence a settlement agreement between the plaintiff and a third-party defendant who remained in the…more
In an opinion issued in April 2011, the Kentucky Supreme Court held in a personal injury lawsuit alleging medical negligence that a plaintiff’s claim for “garden-variety” mental suffering waived the psychotherapist-patient…more
The failure to meet the time deadline to file a notice of civil appeal after entry of a final judgment is one of the very few procedural mistakes a Kentucky civil litigator can commit that is uniformly fatal to the client's…more
A recent decision of the Kentucky Supreme Court centered on the issue of correcting clerical error in judgments. Though the decision did not have reason to address the matter, it called to mind an interesting difference between…more
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