Kentucky Law Review

COA Arguments for Dec. 17, 2008 at Shepherdsville will include looking at constitutionality of Louisville's smoking ordinance

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Wednesday, Dec. 17, in Shepherdsville, including a case appealing a Jefferson County Circuit Court ruling that declared the Louisville Metro smoking ordinance unconstitutional. All proceedings will be open to the public and will take place in Courtroom 301 on the third floor of the Bullitt County Judicial Center at 250 Frank E. Simon Ave.

A three-judge panel consisting of Court of Appeals Judges Joy A. Moore, Jeff S. Taylor and Laurance B. VanMeter will hear oral arguments in Louisville/Jefferson County Metro Government et al. v. Metro Louisville Hospitality Coalition Inc. et al. at 1:30 p.m. The panel will hear oral arguments in two other Jefferson County cases following the smoking ordinance appeal.

A separate three-judge panel consisting of Court of Appeals Judges Michael Caperton, Jeff S. Taylor and Thomas B. Wine will hear the first case of the day – a case on appeal from Knox County – at 11 a.m.
                
A case docket containing summaries of the cases is below. 

SHEPHERDSVILLE DOCKET

Wednesday, Dec. 17, 2008 

11 AM   2008CA000169
             STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v.
             CARLENE SLUSHER

Summary: Civil. State Farm is appealing a judgment entered against it for uninsured motor vehicle coverage benefits, arguing that it should not provide uninsured motorist benefit coverage to an estate due to the exclusive remedy under the Kentucky worker’s compensation statutes. State Farm also argues that there is no underinsured coverage available under the policy.

Knox County judge who ruled in the case – Judge Roderick Messer

Appellant’s attorney: John Vincent

Appellee’s attorney: Samuel Girdner Davies

1:30 PM   2008CA000377
                LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ET AL. v.
                METRO LOUISVILLE HOSPITALITY COALITION INC. ET AL.

Summary: Civil. Appellants are seeking a review of the trial court’s ruling, which declared the smoking ban ordinance enacted by Louisville/Jefferson Metro Government unconstitutional based on an exemption for facilities licensed and regulated by the Kentucky Horse Racing Authority. Appellants are also seeking a review of whether the trial court erred in ruling that the exemption could not be severed from the remainder of the ordinance.

Jefferson County judge who ruled in the case – Judge Stephen P. Ryan

Appellants’ attorneys: N. Scott Lilly, Eamon Patrick Mulvihill, William P. O’Brien and David A. Sexton

Appellees’ attorneys: C. Michael Hatzell, John R. Wilson and Michael Rollin Wilson

2:15 PM   2007CA002066
                JESSE GARON v. LOUISVILLE AND JEFFERSON COUNTY
                HUMAN RELATIONS COMMISSION ET AL.

Summary: Civil. At issue is whether the Louisville and Jefferson County Human Relations Commission has the authority to settle a matter without the consent of the complaining witness.

Jefferson County judge who ruled in the case – Judge Judith E. McDonald-Burkman

Appellant’s attorney: Elizabeth A. Coleman

Appellees’ attorneys: Mark W. Dobbins, Michael R. Mazzoli, Jeffrey B. Skora and Will J. Walsh IV

3 PM   2008CA000344
           LOIS JACKSON v. MICHAEL MACKIN

Summary: Civil. Issue is whether Circuit Court properly granted appellee’s motion to dismiss based on arbitration clause in contract.

Jefferson County judge who ruled in the case – Judge Kathleen Voor Montano

Appellant’s attorney: James M. Bolus Jr.

Appellee’s attorneys: Glenn Alan Cohen and Cynthia L. Effinger

November Argument Calendars (Nov. 2008)

• November 2008 Supreme Court Argument Calendar

• COA Argument Calendar for November 2008

COA Argument Calendar for November 2008

November Argument Calendars (Nov. 2008)

• November 2008 Supreme Court Argument Calendar

• COA Argument Calendar for November 2008

COA Argument Calendar for November 2008

SCOKY: Two death row cases back in Kentucky Supreme Court

Two death row cases back in Kentucky Supreme Court from WKYT

COA: Appellate Arguments on Oct. 14 in Murray, Ky

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public.

A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L. Dixon and Jeff S. Taylor will hear oral arguments starting at 11 a.m. CDT in the Family Courtroom at the judicial building, which is located at 312 N. 4th St.

The cases are on appeal from circuit courts in Graves and McCracken counties.

A case docket containing summaries of the cases is below.

MURRAY DOCKET

Tuesday, Oct. 14, 2008

11 AM     2007CA000774
               WESLEY MILLS ET AL. v. BRADLEY MILLS ET AL.

Summary: Civil. Issue is whether Circuit Court erred by entering summary judgment in favor of appellee, determining that the partnership was not subject to partition under KRS 381.135.

Graves County judge who ruled in the case – Judge Timothy C. Stark

Appellants’ attorney: J. Todd Elmore

Appellees’ attorney: David L. Hargrove

1:30 PM     2007CA002502
                  KY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS
                  v. ARTHUR AZAR

Summary: Civil. Issue is whether Circuit Court erred by reversing the board’s order reprimanding the appellant.

McCracken County judge who ruled in the case – Judge R. Jeffrey Hines

Appellant’s attorney: Mark Brengelman

Appellee’s attorney: Glenn D. Denton

COA: Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington

For Immediate Release

Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington

Proceedings will be open to the public

FRANKFORT, Ky., Sept. 30, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Wednesday, Oct. 8, at the Robert F. Stephens Courthouse, Fayette Circuit Court, in Lexington. Proceedings will be open to the public.

A three-judge panel consisting of Court of Appeals Judges Glenn E. Acree and Laurance B. VanMeter and Senior Judge Michael L. Henry will hear oral arguments starting at 10 a.m. in Courtroom I on the fourth floor of the courthouse, which is located at 120 North Limestone.

The cases are on appeal from circuit courts in Elliott, Laurel and Perry counties.

A case docket containing summaries of the cases is below. 

LEXINGTON DOCKET

Wednesday, Oct. 8, 2008

10 AM     2007CA002598

      KATHY JONES v. BOARD OF EDUCATION OF LAUREL COUNTY, KENTUCKY ET AL.

Summary: Civil; employment law. Issue is whether trial court erred in granting summary judgment in favor of the school board based on an interpretation of KRS 161.740.

Laurel County judge who ruled in the case - Judge Roderick Messer

Appellant's attorneys: J. Follace Fields II and Carrie C. Mullins

Appellees' attorney: Larry Glenn Bryson

10:45 AM     2007CA001947

                      ROBERT MCCOWN v. GRAY KENTUCKY TELEVISION INC. ET AL.

Summary: Civil; employment law. Issue is whether trial court erred in dismissing appellant's wrongful termination action.

Perry County judge who ruled in the case - Judge William Engle III

Appellant's attorney: Daniel F. Dotson

Appellees' attorneys: Robert H. Buckler, Randall Scott May and Rebecca Lyn Williams

11:30 AM     2007CA001509 and 2007CA001510

                      LARRY SKAGGS v. DEBORAH SKAGGS   

Summary: Family Court. Issue regarding property division of marital and non-marital property.

Elliott County judge who ruled in the case - Judge Kristi Hogg Gossett

Appellant's attorney: W. Jeffrey Scott

Appellee's attorney: Malenda S. Haynes

FOR THE ARGUMENT CALENDAR FOR THIS MONTH (AND OTHER MONTHS) AT COA, CLICK HERE.

ARGS: October 2008 Argument Calendars for SCOKY and COA

The following are links to this month's calendars at the AOC in PDF format.

• Supreme Court's Oct Calendar
  • Click here for the Kentucky Court Report's annotated calendar with links to the briefs at NKU Chase School of Law
• Court of Appeals Oct Calendar

AOC: "Kentucky Court of Appeals will hear oral arguments Sept. 30 in Bowling Green"

Kentucky Court of Appeals will hear oral arguments Sept. 30 in Bowling Green

The public is invited to observe as the Kentucky Court of Appeals hears oral arguments in Bowling Green.

APPEAL VIDEOS: SCOKY Argument in Coleman v. Bee Line Available on Line at TechnoEsq!

As some may know, TechnoEsq Presentations has been posting on-line videos of opening and closing arguments from trials involving significant verdicts from 2007, etc. 

However, TechnoEsq (http://www.TechnoEsq.com) has now posted an oral argument from the Kentucky Supreme Court heard Aug. 15, 2008 in Coleman v. Bee Line Courier Services regarding PIP and indemnity.  An outstanding resource is found here in trial videos (and now an occasional appellate argument video).  I understand counsel can bring a tape and obtain a copy of their arguments at the SCOKY, and I would encourage each to do so (and hopefully share it with others by contacting me or  TechnoEsq!) until these are eventually and hopefully archived at the AOC or the state's law schools.

The case was Coleman v. Bee-Line Courier Services in which the Kentucky Court of Appeals had held that a release and indemnification agreement settling a personal injury claim from a car accident against a self-insured employer and its employee which included the plaintiff indemnifying the defendant-employer for any medical expenses it paid was valid and enforceable in spite of the purpose of the Kentucky Motor Vehicle Reparations Act.  Although this holding at the COA was premised upon Bee-Line being self-insured, it became evident on appeal that this "fact" was not clearly developed at trial.  It also was evident in the release and from the questions by the justices that the language of the release did not specifically state or use the terms PIP, personal injury protection benefits, reparation benefits, etc.

The lower court decision (COA) and the briefs filed at SCOKY are below.

Judge Thomas Wine authored the Kentucky Court of Appeals opinion  which affirmed the trial court judge's order enforcing this indemnity agreement and requiring the claimant to repay the defendant self-insurer/insurer the PIP medicals (which would have meant giving back 88% of her settlement!).   Justice Lisabeth Hughes-Abramson was the trial judge in the case and was thus recused from hearing the appeal at the Supreme Court.

Here is the TechnoEsq link: New Posting on TrialVideos Page. 

In any event, the opportunity to observe appellate arguments is a great learning tool to watch how well prepared the lawyers and the justices are on these issues.  The questions by the Court were to the point addressing the facts, the language of the release, legal arguments and cases, the No Fault Act, and policy considerations. 

A most impressive presentation, and counsel and Court are both commended.

TechnoEsq's post:

We have a new posting at TechnoEsq’s TrialVideos a little different than normal. This post is the oral arguments for a very important case, Coleman v. Beeline Courier Service, Inc.

At issue is whether Ohio Casualty Inc. v. Ruschell, 834 S.W.2d 166 (Ky. 1992), requires an indemnification agreement between an accident victim and tort-feasor to contain an explicit designation of no-fault benefits in order for the indemnification to include such benefits.

This case was wonderfully argued by Kevin C. Burke and Grover S. Cox for the Movant and Jeremiah A. Byrne for the Respondent. Be sure to head on over and watch the arguments. We will post the opinion once it has been published.

Here is the Kentucky Court Report's digest of the COA decision with links to the briefs found at Salmon P. Chase School of Law at Northern Kentucky Universityh:

• SETTLEMENTS, RELEASES, AND PIP INDEMNITY: COLEMAN V. BEE LINE COURIER SERVICE INC. (COA 8/10/2007) (contains digest and link to COA decision).
• Coleman v. Bee Line Courier Service, Inc., 2007-SC-628 Briefs
  Appellant's Brief
  Appellee's Brief
  Appellant's Reply Brief

SCOKY:SECOND UPDATE: Feed was great today! UPDATE - Arguement will be available on-line thanks to the LBA and the University of Louisville - link is in this story!

UPDATE:  i was able to watch about a third of the arguments on Wednesday.  Today was a good day for the streaming live video from the Supreme Court arguments at the University of Louisville.  I only had a few "hiccups" in the feed but was unsure if that was a browser/media reader problem on my end or a bandwidth issue on the transmission side.  In any event, barely noticeable, but I only caught the second criminal case and the asbestos case.

If you try it on Thursday, please let the rest of us know your findings.

Please share information on software etc. since it will provide VALUABLE USER INPUT TO THE FOLKS AT THE SUPREME COURT IN FINE TUNING THIS TECHNOLOGY.

As for me, today I was on a PC with Windows XP Professional using Windows Media on a DSL line shared with others.  I also had a few "windows" up and running as I tried to be productive.

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The LBA and the University of Louisville have partnered to offer live-streaming video of the Kentucky Supreme Court’s September oral arguments online.  To view the arguments from your computer, go to mms://livestream.louisville.edu/remotelive.

The Court will be hearing arguments in six cases – three each on Wednesday, September 10 and Thursday, September 11 – in the Allen Courtroom at the University of Louisville’s Brandeis School of Law.  For a description and start times of the cases to be argued, visit http://courts.ky.gov/pressreleases/PR09022008A.htm.

The LBA’s Appellate Law Section will also host a group viewing of the arguments in the Attorneys’ Room on the second floor of the Judicial Center both days.

Here is a link to the calendar for the two days, plus information on the reception on Wed. at 5:00 pm at the Louisville Bar Center.  Also note that the Supreme Court will take questions from the audience (students etc) after the Thursday arguments (not not about the current or any pending cases).

• SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting" [updated!! there will be live web  casting].
• SCOKY: Kentucky Supreme Court in Louisville this week at University of Louisville (Sept. 10, 11)