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Kentucky Supreme Court Coverage

Kentucky Supreme Court

Commonwealth of Kentucky Ex Rel. J. Michael Brown, Secretary of the Governor’s Executive Cabinet v. Stars Interactive Holdings (IOM) Ltd.

At issue is whether the Commonwealth is “any other person” who has standing to bring claims under the Loss Recovery Act and whether the complaint sufficiently stated a cause of action against the Appellees. On the cross-motion, issues involved are whether the internet gambling sites are “winners” under the Loss Recovery Act from which recovery may be obtained, whether the trial court accurately calculated the damages, and whether treble damages were warranted by the circumstances in this matter. Oral arguments heard on July 2, 2020.

Kentucky Supreme Court

Commonwealth v. Crowe

At issue is applicability of the domestic violence exemption from “violent offender” characterization of a husband who pled guilty to first-degree manslaughter of his verbally and physically abusive wife. Did the abuse occur “with regard to” the manslaughter? Oral arguments heard on July 2, 2020.

Kentucky Supreme Court

Frank Lassiter v. William M. Landrum III, Secretary of the Finance and Administration Cabinet

At issue is whether the Secretary of the Finance and Administration Cabinet has the authority to issue a subpoena to a former state employee, who later became an independent contractor/consultant for a contractor providing fraud detection service while investigating whether the renewal of the contracts for the services violate the Model Procurement Code. Oral arguments heard on July 1, 2020.

Kentucky Supreme Court

CSX Transportation, Inc. v. Larry M. Boggs

On this cross-motion for discretionary review, the issue is whether the claimant in a Federal Employers Liability Act case should have been entitled to a directed verdict at the close of the evidence. A second issue was whether the trial court should have granted the claimant’s motion in limine regarding the railroad’s opposing argument in the damage phase of the trial. Arguments heard on May 20, 2020.

Kentucky Supreme Court

Greene v. Boyd

At issue is the use of a “friend of the court” to obtain information and the extent to which they may testify, specifically whether they may qualify as experts to provide opinion testimony and/or may testify as to hearsay or provide written reports containing hearsay. Arguments heard on April 22, 2020.

Kentucky Supreme Court

Sean M. Maguire, M.D. v. James William Crook

At issue is whether expert medical testimony is required to present a jury question of entitlement to emotional distress damages for a “stand-alone” claim of statutory violation addressed in KRS 411.120, specifically alleging victimization of identity theft proscribed by KRS 514.160. Arguments heard on Feb. 13, 2020.

Kentucky Supreme Court

Jassica Sneed v. University of Louisville Hospital

At issue is whether the “continuous treatment” rule tolls the statute of limitations only for the period of treatment by the physician who was allegedly negligent, or whether it may be extended for the period of treatment by other physicians in the same practice group as the allegedly negligent physician. A second issue is whether the trial court erred in concluding that the allegedly negligent treating physicians were not ostensible agents of the hospital. Arguments heard on Feb. 13, 2020.