Kentucky Law Review

VERDICTS: "Jury: DuPont negligent in '04 spill"

From the Ashland Indepdendent:

Jury: DuPont negligent in '04 spill

Says plaintiffs are entitled to 10 times the damages they would have otherwise collected
Kenneth Hart/The Independent

Ashland — A jury has found chemical giant DuPont guilty of gross negligence in a 2004 leak at its Wurtland plant that released clouds of sulfuric acid over large portions of Greenup County.

Because of that negligence, those suing DuPont for health problems they suffered as a result of the release are entitled to 10 times the monetary damages they would have otherwise collected, the jury ruled.

The 10-member jury found in favor of the plaintiffs on Monday after deliberating for about three hours and 40 minutes. The verdict concluded a civil trial that began June 26 in U.S. District Court in Ashland.

Jurors concluded the initial group was entitled to receive about $130,000 in compensatory damages from DuPont. However, the jury also determined the plaintiffs should receive punitive damages equivalent to 10 times what they would have gotten in compensatory damages alone, said Will Wilhoit, lead counsel for the plaintiffs.

click on heading for rest of story.

COURTS: Judge Spainhour locks up social worker who misses child welfare hearing

Bullitt judge locks up Jefferson county social worker for being a 'no show':

Social worker jailed by Ky. judge

Faced with conflicting court appearances on the same day in late June, state social worker Aaron Jackson said he followed a supervisor's directive to attend family court in Jefferson County and notify Bullitt County court officials that he'd miss a child-welfare hearing there.

.  . .

Bullitt Family Court Judge Elise Givhan Spainhour, who ordered Jackson jailed on July 1, declined to comment through a spokeswoman for the state Administrative Office of the Courts.

Judge frustrated

But Jackson's lawyer, Joseph Wantland, who attended the July 1 hearing, said the judge made it clear she was frustrated with what she described as a pattern of Jefferson County workers failing to attend hearings in Bullitt County, which was hampering her from protecting children in suspected abuse or neglect cases.

BLUEGRASS POLITICS BLOG POST: "Forester will remain on bid-rig trial"

Forester will remain on bid-rig trial

By Beth Musgrave on KY Courts

FRANKFORT -- A federal judge on a high-profile bribery case involving prominent road contractor Leonard Lawson will remain on the case even though his son-in-law is a lobbyist for the Kentucky Association of Highway Contractors.

LOUISVILLE: "Prosecutors: JCPS inquiry into Gilpin ' self-serving'"

From Courier Journal:

Prosecutors: JCPS inquiry into Gilpin ' self-serving'

Jefferson County prosecutors want a school district report on the death last year of Pleasure Ridge Park football player Max Gilpin excluded from ex-coach Jason Stinson's trial because it selectively used information to reach a "self-serving and wholly inaccurate conclusion."

COURT CASES: Bullitt votes to sue First Federal over online theft

From Courier Journal:

Bullitt votes to sue First Federal over online theft

Bullitt County Fiscal Court voted unanimously on Tuesday to sue First Federal Savings Bank over the online theft of $415,000 in county funds.

JUDICIARY: Current list of judical vacancies open for applicants

Taken from AOC web site is list of judicial vacancy announcements:

The following judicial vacancies are in the process of being filled by appointment. Each vacancy notice provides a deadline by which interested attorneys should submit an application (questionnaire). The vacancies listed below do not include all current judicial vacancies (82KB-PDF), but only those currently in the process of being filled.

17th Circuit, 3rd Division (Family Court)
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

23rd District
Notice (48KB-PDF)
Questionnaire (19KB-PDF)

30th Circuit, 11th Division
Notice (48KB-PDF)
Questionnaire (19KB-PDF)

30th District, 7th Division
Notice (48KB-PDF)
Questionnaire (19KB-PDF)

30th District, 9th Division
Notice (48KB-PDF)
Questionnaire (19KB-PDF)

48th Circuit, 3rd Division (Family Court)  
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

54th District, 1st Division  
Notice (49KB-PDF)
Questionnaire (19KB-PDF)

JUDICIARY: Here's a list of the judicial nominees throughout the state following the exodus of sitting judges for senior status in January 2009 copied en toto and as in from AOC pages

21st Circuit, 1st Division
William Evans Lane
Allen Keith McCormick
George William Moore
News Release

25th Circuit, 1st Division
Christopher Micah Davis
Ira Dean Newman
Nora Jeanne Shepherd
News Release

25th Circuit, 3rd Division (Family Court)
Garrett Turner Fowles
Charles William Hardin
Thomas Jackson Smith III
News Release

27th District, 1st Division
Bridget Leigh Dunaway
Wendell Lewis “Skip” Hammons Jr.
Gilbert Edward Holland
News Release

32nd Circuit, 1st Division
George Davis III
Thomas M. Howe
Kenneth Williams Jr.
News Release

44th Circuit
Robert Bruce Bowling
Robert V. Costanzo
Robert Terry Yoakum
News Release

Judicial Appointments

Gov. Beshear appoints 3 African Americans to judicial vacancies in Jefferson County

In response to calls for more diversity on the bench in Jefferson County, Gov. Steve Beshear announced July 1 that he was appointing African-American attorneys to fill three judicial vacancies. Olu A. Stevens was named to the Circuit Court seat and Sadiqa N. Reynolds and Erica Lee Williams were appointed to fill two District Court seats.

Olu A. Stevens 30th Judicial Circuit, Division 6

Sadiqa N. Reynolds 30th Judicial District, Division 11

Erica Lee Williams 30th Judicial District, Division 17

JUDICIARY: Bowling, Costanzo and Yoakum Nominees for Bell Circuit judgeship

Judicial Nominating Commission announces nominees for vacant judgeship in Bell County

The Judicial Nominating Commission, led by Chief Justice of Kentucky John D. Minton Jr., announced July 21 the nominees to fill the vacant circuit judgeship in the 44th Judicial Circuit, which serves Bell County. The three attorneys named as nominees to fill the vacancy are Robert Bruce Bowling, Robert V. Costanzo and Robert Terry Yoakum, all of Middlesboro.The Circuit Court judgeship was left vacant by Judge James L. Bowling Jr., who resigned Jan. 30 to join the Senior Judges Program.

STATE: How many ways can the state save money? The list is endless, the taxpayers listless.

How can the state make ends meet in down times?

Here is a new one.  You have read about --

• Property values go down but property valuations at the PVA's remain firm, thus an effective tax increase for those asked to tighten their belts.
• Clerks use a different book to asses car values for tax purposes (the higher value of course).  Again, real value drops, but assessed values remains firm and thus an effective tax increase.
• Medicaid stimulus funds moved to the general fund to give us the appearance of a balanced budget.
• Retired (and unelected) judges sit in lieu of elected judges to save judicial payrolls.
• Legislators become landlords for a judicial center housing family court workers.
• King David or the Bully of Burkesville renders a special session a fiscal nullity with legislative nay saying.
• Mortar, brick, courthouses, and surety issues.

And now, we have --

State agency slow to pay crime victims

When Hoosiers are the victims of violent crime, the state has a fund to help them with such things as funeral costs and counseling or to cover lost wages.

Sounds like state government is stealing a page out of the insurance industry's playbook of hand outs and boxing gloves - no way, no pay, delay.  Plus cooking the books with post fiscal year stimulus money and short changing victims of crime their due compensation. 

COURT CASES: Jefferson Jury finds in favor of jeweler in case of family jewels

From Courier Journal:

Jeweler doesn't have to refund money to Brown-Forman heirs

A Jefferson Circuit jury unanimously decided Tuesday night that Louisville jeweler Jim Jackson does not have to refund $800,000 to the family of former Brown-Forman Corp. chairman Robinson S. Brown Jr. for a necklace he sold Brown in 2005