Kentucky Supreme Court Coverage

Raymond Hayes, et al. v. D.C.I. Properties-D. KY, LLC, et al.

(10-26-18) Raymond Hayes, et al. v. D.C.I. Properties-D. KY, LLC, et al. (2017-SC-000340-DG) Torts. Personal Injury. Trespasser. Attractive Nuisance. Issues include whether the 16-year-old plaintiff can recover for injuries sustained when he trespassed on the defendant's construction site.

Kentucky Supreme Court Coverage

Barbara Smith v. Bonnie Smith

(10-26-18) Barbara Smith v. Bonnie Smith (2017-SC-000348-DG) Torts. Personal Injury. Slip and Fall. Issues include whether the status of a visitor as an invitee or licensee or trespasser continues to define the scope of the property owner's duty to the visitor.

Kentucky Supreme Court Coverage

Shannon Jones, et al. v. David Wayne Bailey and David W. Bailey v. Shannon Jones, et al.

(10/26/18) Shannon Jones, et al. v. David Wayne Bailey (2017-SC-000203-DG) and David W. Bailey v. Shannon Jones, et al. (2017-SC-000604-DG) Parole Board. Entitlement to Assistance of Counsel. The issues include whether the final post-incarceration sex offender supervision revocation hearing is a "critical stage" of the proceeding, triggering entitlement to assistance of counsel.

Kentucky Supreme Court Coverage

Louisville & Jefferson Co. Metro. Sewer Dist. v. T+C Contracting, Inc.(2017-SC-000274-DG)

(10-25-18) Contract. Fairness in Construction Act. KRS 371.405. Issues include whether the dispute resolution provisions in the parties' contract, which deem the contractor's claim for additional compensation from MSD waived if certain procedural requirements are not met, violate the Fairness in Construction Act.

Kentucky Supreme Court Coverage

Lee Comley v. Auto-Owners Insurance Company

(10-25-18) Insurance Law. Homeowners Coverage. The issues, involving potential coverage for damage to a home resulting from a nearby water main break, concern the scope of the "water damage" exclusions as to "water below the surface of the ground . . . which . . flows, seeps or leaks through any part of a building" and as to "regardless of the cause . . . flood."

Kentucky Supreme Court Coverage

Commonwealth of Ky. v. Michael Padgett/Michael Padgett v. Commonwealth of Ky.

Commonwealth of Kentucky v. Michael Padgett (2017--SC-000441-DG) and Michael Padgett v. Commonwealth of KY (2017--SC-000661-DG) (10-25-18) Criminal Law. Mistrial. Double Jeopardy. Issues involve a pretrial ruling and whether the trial court abused discretion in declaring a mistrial after defense counsel's perceived violation of that ruling.

Opening Arguments on Public Pension Law at Kentucky Supreme Court

(9-20-18) Opening arguments, Sept. 20, 2018, at the Kentucky Supreme Court over Senate Bill 151, the public pension law enacted during the 2018 General Assembly. A Franklin Circuit judge ruled on June 20 that the legislation violated the Constitution