Kentucky Law Review

Pleadings: Copy of Complaint Filed in Mark Hampton, et al. v. Youth Alive, et. al. Jefferson Circuit Court, Div. 1, 09-CI-11551

Here is a link to the WHAS11 story on the lawsuit recently filed for wrongful death against Youth Alive and others.  Click on heading for entire story and links to other stories previously posted on this by WHAS11.  Attorneys representing the plaintiffs are Kathryn Wallace and Aubrey Williams.  No answer filed as of this posting (suit filed Nov. 23, 2009). 

The Court's dockets are available on-line (limited) to the public at:  Public Court Records Online.

Attorneys can access the docket at:  CourtNet-KBA

Father of Youth Alive victims files lawsuit

by Adam Walser

Posted on November 24, 2009 at 4:25 PM

A man has filed a wrongful death lawsuit against the former Louisville organization called “Youth Alive”. The father of three teens killed last December while getting a ride home from a Youth Alive event says several of the organization’s staff members are to blame.

Here is the Complaint:

Mark Hampton, Administrator of Estates of Jemar Claybrooks, Demar Claybrooks and Mark Claybrooks, et al.  v. Youth Alive, Inc. and Chanika Bartee,  Jefferson Cir. Court, Div. 1, 09-CI-11551

LAW NEWS WRAPUP: Nov. 25, 2009

Recent law news/headlines from around the circuit. 

But first, a picture of the courthouse in Adair County:

Adair County Courthouse
500 Public Square, Suite 6
Columbia, Ky. 42728

Phone Number:
270-384-2626

Fax Number:
270-384-4299

Click here for link to AOC page with more information.

And now for some headlines from around the Commonwealth found at news media and other sites.  Be sure to click on the headings for routing to their site for the entire story:

Fire chief's attorney believes politics behind suspension

An attorney for Paul Barth, the suspended McMahan Fire Protection District fire chief, said Wednesday that he suspects politics was behind the disciplinary action taken against the chief.

High court backs early-release program

FRANKFORT, Ky. — The Kentucky Supreme Court ruled Wednesday that the Department of Corrections properly freed thousands of individuals from prison and parole supervision under a controversial early-release program.

High court rules regulation needed for lethal injection

FRANKFORT, Ky. — In a decision that puts executions on hold, the Kentucky Supreme Court ruled Wednesday that the state's lethal injection procedure must be spelled out in a regulation.

Ky. Supreme Court allows evidence to remain sealed in Ivan Cano case

The state Supreme Court has unanimously denied The Courier-Journal's motion to overturn a judge's decision sealing the evidence in the murder case against Cecil Eugene New II, the Louisville man accused of killing 4-year-old César Ivan Aguilar-Cano in 2007.

ACLU claims bar association violated lawyer's rights

The ACLU of Kentucky has challenged a lawyer disciplinary rule under which an attorney was warned about "publicly implying" that the state Legislative Ethics Commission mishandled an ethics complaint against Senate President David Williams in 2007.

Former teacher sues prosecutor over sex charge

A former northern Kentucky teacher acquitted of having sex with a 16-year-old student is suing the prosecutor who brought the charges.  The Kentucky Enquirer reports Nicole Howell filed the suit Wednesday in federal court in Covington against Kenton Commonwealth's Attorney Rob Sanders.

Former Kenton County employee collects settlement

In northern Kentucky, Kenton County officials have unanimously approved a six-figure payment to stop a lawsuit by a former deputy county clerk who claimed she was wrongfully fired.  The Kentucky Enquirer reported 68-year-old Lois Davis sued after losing her job in the auto renewal department three years ago when Rodney Eldridge became the county clerk.

Davis and six other deputies fired by Eldridge claimed in a federal lawsuit they were let go so the incoming clerk could reward supporters with government jobs.

Eldridge declined comment, saying the lawsuit remains active.

Kenton Judge-executive Ralph Drees declined to say what the settlement was after it was reached Tuesday, but Davis and her attorney said the amount was $136,333.

10 Ky. nursing homes among worst in country

Ten nursing homes in Kentucky, including one in Lexington, are among the most poorly performing in the United States, according to a report by the U.S. Government Accountability Office.

UofL LAW: "The Cardinal Lawyer: Law Clinic open house"

From UofL Law School Blog:

The Cardinal Lawyer: Law Clinic open house

The Cardinal Lawyer extends warmest thanks to everyone who attended the University of Louisville Law Clinic's open house on November 19, 2009. The event celebrated the clinic's first year of operation. I am pleased to reproduce two images from the photo gallery for the open house. In tandem, these images convey the diversity of the audience that came together to celebrate our clinic and its work on behalf of our students and our broader community.

AOC: Press Releases on Judges x 2 -

Campbell County Judge Karen A. Thomas elected president of Kentucky District Judges Association

Chief Regional District Judge Karen A. Thomas, who serves Campbell County, has been elected to a second two-year term as president of the Kentucky District Judges Association.

District judges attend 2009 District Judges Fall College in Western Kentucky

Ninety Kentucky District Court judges representing 103 counties recently participated in the 2009 District Judges Fall College offered by the Administrative Office of the Courts.

Medical: Health care proposal, additional insureds and a thought or two on letting us know costs and benefits.... please.

The budget deficit grows and grows;  the uninsured grows and grows.  Although I don't know the details of Obama-care, I can put two and two together, and the addition of more insureds requires looking at the regulation of medical costs and the payment of benefits.  The costs got to go up and with a stack of laws that resists reading by the legislators is disturbing as buying a pig in a poke.

I never did hear or see a cost/benefits analysis of the stimulus plan detailing goals (economic stimulus vs. safety net services and money spent vs. jobs produced (new, temporary etc).

Maybe they will do it this time on the health care proposal.  Heck, I just hope 'they' read the legislation first.

Programs that offer something for nothing rarely do.  There is a cost and a benefit.  Please hit us with your best shot, not just hit us.

From PageOne Louisville:

Health Insurance Reform and Kentucky

From Courier Journal:

White House: 654,000 uninsured Kentuckians would be covered by health-care plan

Fresh from a tactical victory on health-care reform in the Senate, the Obama administration Monday pressed its case for passing legislation that it said would provide coverage for 654,000 Kentuckians now without insurance.

Health bill could help more than 820,000 Hoosiers, White House says

WASHINGTON — Fresh from a tactical victory in the Senate on health care, the Obama administration Monday pressed its case for legislation that it said would make affordable coverage available to 820,000 Hoosiers now without insurance.

Metro Politics: "JUG for Jim King" or Maybe "X" does NOT mark the spot

Editorial from Courier Journal takes a shot at Jim King:

JUG for Jim King

The swift rebuke mayoral candidate Jim King received from his alma mater last week was the equivalent of JUG — Justice Under God. That's what the officials of venerable St. Xavier High School dole out to students who break the rules.

In Mr. King's case, the infraction was clear: His campaign, without permission, used the St. X mailing list and the school's logo on an invitation to an alumni fund raiser. It gave the clear impression that this 1969 St. X alumnus had the blessings of the school.

The response, like a thunderbolt from heaven, came quickly and unequivocally in an official St. Xavier e-mail to alumni:

“We have communicated with Mr. King our surprise and great displeasure and requested that he cease usage of the Saint Xavier logo and the illusion that these events are approved and sponsored by Saint Xavier High School.”

St. X President Perry Sangalli said in an interview with The Courier-Journal's Joseph Gerth, “We are not supporting or endorsing Mr. King in his candidacy.”

Mr. King cancelled the fund raiser after the high school rebuked him.

With this, Mr. King's clumsy campaign for the Democratic nomination for mayor has taken another pratfall. One wonders how this politically tone-deaf councilman can sustain a race that seems increasingly unlikely to go anywhere but further downhill.

FRE: Case Highlights Inadvertent Disclosure Standards Under FRE 502(b)

From Federal Evidence Blog:

Case Highlights Inadvertent Disclosure Standards Under FRE 502(b)

Court orders return of materials protected under the work-product doctrine after concluding disclosure was inadvertent and reasonable steps were taken to rectify the situation, in Coburn Group, LLC, v. Whitecap Advisors LLC, __ F.R.D. __ Case No. 07 C 2448 (N.D. Ill. Aug. 7, 2009)

The new attorney-client privilege rule, , was enacted nearly one year ago, on September 19, 2009. See President Signs New Attorney-Client Privilege Rule (FRE 502). Since then, there have been few published cases applying the new rule. A recent decision in the Northern District of Illinois demonstrates the application of the inadvertent disclosure provision. Read more

Other FRE 502 Resources

The Coburn Group case provides a recent demonstration of the new inadvertent disclosure standards under FRE 502(b). For an article discussing FRE 502, see "Understanding New FRE 502 (Attorney-Client Privilege And Work-Product Doctrine)," 5 Fed. Evid. Rev. 1454 (Oct. 2008). For more information concerning FRE 502, see FRE 502 Resource Page.

Governor: "Appeals court ruling limits governor’s pardon power"

From Bluegrass Politics blog:

Appeals court ruling limits governor’s pardon power

By Beth Musgrave on State Government

FRANKFORT -- A three-judge panel of the state Court of Appeals recently ruled that a governor's power to pardon is limited to criminal cases. In a ruling released Friday, the state Court of Appeals ruled that the Executive Branch Ethics Commission could proceed in an ethics case against Basil Turbyfill even though former Gov. Ernie Fletcher had issued a pardon in a criminal case against the former director of the Governor's Office of Personnel and Efficiency. Turbyfill was one of several former Fletcher administration employees who were charged for violating the state's merit hiring laws and later pardoned by Fletcher.

FRE: Case Highlights Inadvertent Disclosure Standards Under FRE 502(b)

From Federal Evidence Blog:

Case Highlights Inadvertent Disclosure Standards Under FRE 502(b)

Court orders return of materials protected under the work-product doctrine after concluding disclosure was inadvertent and reasonable steps were taken to rectify the situation, in Coburn Group, LLC, v. Whitecap Advisors LLC, __ F.R.D. __ Case No. 07 C 2448 (N.D. Ill. Aug. 7, 2009)

The new attorney-client privilege rule, , was enacted nearly one year ago, on September 19, 2009. See President Signs New Attorney-Client Privilege Rule (FRE 502). Since then, there have been few published cases applying the new rule. A recent decision in the Northern District of Illinois demonstrates the application of the inadvertent disclosure provision. Read more

Other FRE 502 Resources

The Coburn Group case provides a recent demonstration of the new inadvertent disclosure standards under FRE 502(b). For an article discussing FRE 502, see "Understanding New FRE 502 (Attorney-Client Privilege And Work-Product Doctrine)," 5 Fed. Evid. Rev. 1454 (Oct. 2008). For more information concerning FRE 502, see FRE 502 Resource Page.

KBA: Young Lawyers Section Reception at KyLaw Update Dec 3, 2009

Visit with friends and relax after a long day of CLE with complimentary drinks and appetizers!

Please join the KBA Young Lawyers Section for a reception immediately following Day One of the Kentucky Law Update on Thursday, December 3^rd.  This event will be held at Champions Bar & Grill, located at the corner of Jefferson & 3rd Streets (in the Marriott Hotel) from 5:00 – 6:30pm.  Many thanks to Lawyers Mutual Insurance Company of Kentucky for their sponsorship of this event.

If you have any questions, I can be reached at 502-595-3199.

Thanks!

Rebekkah Rechter