Kentucky Law Review

Legal Headlines: Diet Drug Ruling Requires Chesley to Return Fees. Jury will decide the amount.

In the "diet drug attorney fee case",  Judge Wehr has granted summary judgment ruling that Ohio Lawyer Stan Chesley must return some of his $20 million legal fees.  Although it appears, he was overpaid by some $7 million, the jury will decide the actual amount.

Here's the story in the N.Ky.Post:

Lawyer must return some of $20M paid

Cincinnati attorney Stan Chesley made too much money on the fen-phen diet drug settlement case and will have to give some of the $20 million back. * * *

Ford told the court Chesley should have gotten $13 million, not $20 million.

Wehr's order Wednesday did not state the amount Chesley should repay.

Ford had asked Wehr to make a summary judgment, which means an immediate ruling, but Wehr denied that request.

A jury will have to determine how much money the original plaintiffs ultimately will get and how much the attorneys will have to return.

[click on headline above for entire story]

UPDATED:  Pleadings, orders and other publicly available information from the courts on this case are available on line at attorney Angela Ford's web site at www.AngelaFordLaw.com @ http://angelafordlaw.com/public_access.php for case pleadings, court order, judicial conduct commission opinion, Supreme Court pleadings and orders, orders of temporary suspension of attorneys, and the Kentucky Supreme Court hearing transcript.

UPDATED: 

Fen-phen plaintiffs to get award [herald leader]

A judge has declined to put a dollar amount on what more than 400 former fen-phen plaintiffs may receive from the lawyers they sued.

Other recent headlines:

• Guilty plea in fake DVD case
• Audit questions 'Spirit' spending
• [Kenton County] Jury rejects claim of self-defense
• Crescent Springs tax issue in Court of Appeals
• Campbell County rape trial likely to wait on feds
• Kentucky 1st to try warnings re statewide alert to victims of domestic violence
• Scam linked to 'jury duty'

  If someone phones you to tell you you've been summoned for jury duty, then asks for personal information, don't give it.
• Flight crew erred, Comair admits
• Amendments could revive dog law fight in Louisville Metro
• Fletcher signs Boni Bill

  Gov. Ernie Fletcher today signed into law a bill meant to improve safety for social workers across Kentucky.

Today's Kentucky Legal Headlines

• Comair: Crew's conduct was factor in crash
  But the airline also said there were many systemic breakdowns that were links in the chain that led to the crash.
• A bad bolt was cause of derailment

  The fiery train derailment in January that forced 500 Bullitt County residents from their homes was set in motion by a single broken bolt, CSX says.
• Notification of parking tickets is challenged

  A fight is brewing over how Metro Louisville officials notify citizens with outstanding parking tickets -- a struggle that the city says pits common sense against the law.
• Clean air - it's the law

  The U.S. Supreme Court, which President Bush has worked furiously to stack, has sent him a stern message: He can't keep ignoring the law about protecting the air we breathe.
• System to tell victims about protective orders

  A new automated system will inform victims within minutes that a civil protective violence order has been served.
• Driving distractions can be deadly

  According to the U.S. Census, Americans are spending an average of nearly an hour a day in their cars, and these long commute times don't always fit with today's busy lifestyles. People are trying to save time by multi-tasking while driving, but many don't realize the risk it can pose to their lives.
• Determined widows advance coal-mine safety
• Landlord takes justice, wife to court over rent
• Free-speech suit against Fletcher to go forward
• Audit raises concerns with 'Unbridled Spirit' contract

Ky Cases: Pike county wrongful death suit blames car accident on doctor's prescriptions

The following news story by Rachel Dove of the Williamson Daily News reports on a wrongful death action filed against various Pikeville physicians for prescribing medications to a West Virginia lawyer who killed a driver while medicated and who has subsequently been convicted of manslaughter and sentenced to ten years.

Victim's family seeking damages by Rachel Dove, Williamson Daily News
The late Varney resident who was fatally injured in a two-vehicle accident occurring on Jan. 10, 2006. Dixon's vehicle was struck by a SUV operated by Williamson attorney Lafe Preston “Dee” Ward.

The family of a Mingo County woman killed in an accident 14 months ago are seeking financial damages for physicians who treated a Williamson attorney charged in her death.

Pikeville Circuit Court records were unsealed to the public Friday, in the case of ‘The Estate of Benita Wirleen Dixon vs. Vellaiappan Somas-undaram M.D., J. Timothy Kohari, D.O., Primary Care Associates of Williamson, Diane E. Shafer, M.D., Lawrence B. Kelly, M.D. and unknown defendants'.

The civil suit, entered Jan. 10, 2007, was filed by Greg Dixon, husband and administrator for the estate of theDixon, represented by the Pikeville Law Firm of Miller, Carter and Lucas, has filed the suit with the intention of holding the  above listed physicians accountable for contributing to the death of his late wife.

Other recent news stories:

• Boyd County Justice center for construction begins in May
• Former trooper named in drug charges in Carter county
• Western Kentucky couple charged with offering child for money, car
• Settlement reached in Northern Kentucky cable television dispute
• No pressure to resign, Smith's attorney says
• KBA President Responds to Courier-Journal Paternity Article
• Kentucky Defense Counsel Spring Seminar and Annual Meeting
• A story [Kentucky] Senate leaders refuse to hear

Past Week's Kentucky Law-related News Stories

• Restaurants, bars challenge city's new smoking ban
  LOUISVILLE - The city's tough new smoking ban was challenged Tuesday by a group of restaurants and bars that asked a judge to strike it down for exempting the famed Churchill Downs race track.
• Airport board told to hand over records

  Lexington's airport board is violating the state's Open Records Act until it adequately responds to a request for records by an attorney for one of the 49 people who died in the Aug. 27 crash of Comair Flight 5191 near Blue Grass Airport, according to an opinion from Attorney General Greg Stumbo's office.
• Being listed first on ballot has advantages
  For decades in Kentucky, the decision about which candidate's name goes first on ballots in most general election partisan races has come down to one question: Which party carried the state in the previous presidential election?
• Law school symposium celebrates Justice Brandeis’ 150th birthday
  The University of Louisville’s Louis D. Brandeis School of Law recognized the 150th birthday and contributions of its namesake with a symposium Nov. 13.
• Merit report says violations were planned

  Gov. Ernie Fletcher and his staff carried out a "widespread and coordinated plan to violate merit hiring laws" by rewarding political allies with jobs, according to a special grand jury report released yesterday.
• TEXT OF GRAND JURY REPORT
• Campaign signs must be removed by Tuesday
• Judge Grants Windsor's Request For Death Sentence

  Shawn Windsor avoided a double murder trial when he admitted killing his wife, Betty Jean, and their 8-year-old son, Corey, in his apartment in December of 2003. On Friday, a judge granted his request to be put to death.

Federal Courts: Federal Judge Does NOT Dismiss Suit of Newby Family Against former Louisville Police Officer Mattingly

From today's Courier-Journal is a story on the lawsuit in federal court involving the wrongful death action filed by the Estate of Michael Newby against former Louisville police officer McKenzie Mattingly. 

Basically, Judge Simpson denied Defendant Mattingly's motion for summary judgment to dismiss the estate's claims as genuine issues of material fact exist on the defense of qualified immunity.

 

Not only are we providing you a link to the CJ story, but a link to the actual trial order from district court!

Newby family can pursue Mattingly suit 
[Courier-Journal story][click on link for full story]

A federal lawsuit against a former Louisville Metro Police officer who fatally shot a 19-year-old will go forward after a judge ruled that a jury should hear the case.

Click here for PDF file of court's order!

Click here  for copy of Complaint filed on behalf of estate by attorney Thomas Clay.

Kentucky Headline Law News - April 2, 2006

For week ending April 2, 2006

Politics in Kentucky by Steve Horner

• Roundup @ www.Lawreader.com

Louisville Courier-Journal

• Three seeking seat on state's high court mostly agree on issues [U/L Supreme Court judicial candidate forum for district 4 with link to MP3!]
• Judge scolds candidate [jack wood] over suit against foes
• Louisville man charged with raping girl he met on chat line
• Senator wants to block sports eligibility rule
• Camm sentenced to life, no parole
• Legislature too wrapped up in religion, Jewish leaders say
• Judge accepts settlement for retarded
• Do-it-yourself divorce [not a kentucky story]
• Microsoft sues Ashland computer business
• Wood to the woodshed
• Politics and the seat-belt bill
• Prosecutors can get blood test results, appeals court rules

Cincinnati Post (Northern Kentucky News)

• IRS, Butler facing off in court over $25M loss
• Law distances protesters from military funerals
• 20-year sentence in DUI case

Lexington Herald-Leader

• Lexmark non-compete clause contested by HP
• Jones agrees to release horse-sale documents
• Unbecoming conduct: Officers shall conduct themselves at all times...
• INQUIRY INTO OFFICERS' MYSPACE SITES: Six face disciplinary action
• Web sites personal, but millions see them
• Negligence charged in death of man injured while in jail
• Hyatt sues to keep lease

WAVE3

• Judge Throws Out Sodomy Conviction Of Man Whose Daughter Claimed Repressed Memory
• Lawmakers Reach Agreement On Budget After Marathon Session
• Eastern Kentucky Man Convicted For Shooting Couple Riding ATV
• Restraining Order Dismissed Against Tompkinsville Pastor
• Trial Postponed After Photo Of Defendant Appears In Paper
• Teen Made No Direct Threat Against President Bush, Police Now Say
• Hit And Run Driver Critically Injures 3-Year-Old Boy

University Law Schools News

• Law Students Place 2nd in Nation (UK)

Political Blogs

• Blue Grass Roots
  • Podcasts: KFTC Fights to Restore Voting Rights for Former Felons
    
• BlueGrass Report (Mark Nicholas)
  • Accident Haunts Candidate (Kentucky Enquirer) [Supreme Court candidate Marcus Carey's negligent homicide conviction when 18]
  • More On Marcus Carey [closes his attorney web site after comments from Nicholas]
  • More On Republican Supreme Court Candidate Marcus Carey
  • Jennifer Moore Slays Another Republican In The Courtroom [Louisville attorney]
  • More On Republican Supreme Court Candidate Marcus Carey
    
• Northern Kentucky Politics (Pat Crowley)
  • Steffen out of GOP county attorney primary

Kentucky Law Headlines: Weeking Ending Mar. 26, 2006

Kentucky Headline Law News Week Ending Mar. 26, 2006

Politics in Kentucky by Steve Horner

• Roundup No 45 @ www.Lawreader.com

Louisville Courier-Journal

• Palmyra town marshal charged with theft
• Defendant to plead guilty in Katie Collman case
• Ragland granted new trial — again
• Recanted testimony opens a judicial Pandora's box
• State Supreme Court hears arguments in hiring investigation case
• Making an opening statement
• ATV death moves Senate to action
• Judges outscore election foes in pollsurvey
• Judicial independence [editorial]
• DA has tough, final call in Till case [opinion page]
• Yarmuth was a speaker [letter to editor from Judge Ellie Garber]
• The price of justice [special letter]
• Legislation allows Ten Commandments on Capitol grounds [editorial page]
• Jury convicts man for two rapes, kidnapping and other crimes
• Court takes up Fletcher hiring case issues
• Baby who died had signs of previous abuse
• Wine-shipping bill passes House, complies with ruling
• Judge OKs settlements in Fruit of the Loom lawsuits

Cincinnati Post (Northern Kentucky News)

• Teen to be tried as adult in killing
• Judge: Firm owes millions to promoter of Tyson fight
• Inmates file suit against county, jailer
• Jurist bids farewell Farewell to Judge Stan Billingsley retiring for second time
• Man faces child pornography charge
• Court to decide whether grand jury can continue probe
• Sex offender plan likely to fail

Lexington Herald-Leader

• Hospital-acquired infection rates largely undisclosed
• Man convicted in animal cruelty case
• Courts sift for 'junk' science
• Professor's sex abuse case goes to grand jury
• TIME LINE IN THE TRENT DIGIURO CASE
• Defense predicts acquittal
• INSIDE: Supreme Court orders new trial for Ragland
• THE COURT'S OPINIONS
• Nursing home sued for $155 million
• INSIDE: 1 indicted in welfare fraud inquiry
• 'He wanted to buy his toy that day'
• Bloodstock agent sues, claims he's lost money

Political Blogs

• Blue Grass Roots
  • Politics: John Roach's Anemic Website
• BlueGrass Report (Mark Nicholas)
  • John Roach's Priorities
  • Merit System Criminal Investigation Update
  • 2007: The Year of the Democratic Women? (LEO)
  • Editorial: Judge [Debra]  Lambert Faces Obstacles To Re-Election (Danville Advocate-Messenger)
  • Daughter Of Rep. Northup Jailed In Court Disturbance
  • Very Big News: FEC Opts AGAINST Regulating Internet Political Activity and Blogs
  • Is A Boycott Next?
  • Governor Fletcher's Personal Legal Circus Continues
• Northern Kentucky Politics (Pat Crowley)
  • Schroder announces campaign team
  • Carey announces Web site
  • Mehling launches Web site

Judicial Politics: Looking Back in Time

Today's posting on www.BlueGrassReport.org addressed, "Dr. Ernest Fletcher: In The Beginning..."   

What is notable about this story are the facts contained in news stories and comments from over a decade ago!  Facts showing the merger of partisan politics in judicial races; facts showing how the sodomy issue in Fayette County resulted in the targeting of a circuit court judge's election based upon a ruling from the bench.  What is it they say, "The more things change, the more they stay the same."

Welcome to the new political reality of money, partisanship, free speech, heightened activity by private groups and person, and and and.  Yes, it's also not that new.  It was happening in Lexington years ago, and our other two branches of government have been living that political reality since the inception of the political parties during President Washington's tenure.

From the Bluegrass Report story is the following extract:

GLOVES COME OFF IN FIGHT FOR FAYETTE CIRCUIT ROBE
Lexington Herald-Leader (KY)
October 24, 1991
Thomas Tolliver Herald-Leader staff writer

Fayette District Judge Lewis Paisley's 1986 ruling declaring Kentucky's sodomy law unconstitutional has come back to plague him in his race for Fayette Circuit Court judge.

...Two groups have joined forces to try to defeat Paisley and are distributing anti-Paisley literature around Lexington.

One flier has the headline Rally To H.E.L.P. (Help Eliminate Lewis Paisley).

"Lexington is becoming a Hot-Bed for growing Sodomy, Pornography and Violence against women and families," in part because of two of Paisley's rulings, the flier says.

The flier cites Paisley's sodomy ruling and a more recent ruling in which Paisley suppressed as evidence boxes of sexually explicit merchandise that police seized from an adult bookstore. Paisley said the search warrants were defective.

Paisley said his ruling was based on law and not his personal view of pornography.

"There are judges who sit in murder cases and have to suppress evidence," he said. "To say that that judge therefore is in favor of people murdering each other is ridiculous, and that's essentially what they're trying to do to me on the obscenity case.

"There's no question I suppressed this evidence. But they are arguing that that therefore means that I am in favor of the distribution of obscene matter in my community, which is a ridiculous charge."

Headline News - Week Ending Mar. 19, 2006

Steve Horner's Kentucky Politics Column @ www.Lawreader.com

• Roundup for Week of  Mar.17, 2006

Lexington Herald-Leader

• Supreme Court hears wrongful-death case
• Driver who killed pedestrian gets 5 years
• Jury calls for life sentence in murder of Liebengood
• Two teens found guilty in killing
• Ethics in horse industry targeted
• Chaplain won't face porn charges
• Talk show host fired after DUI arrest

Louisville's Courier-Journal

• Ky., Ind. ready to expand right to kill intruders
• Kentuckian's well deals cost investors millions
• Murder, he wrote
• Six justices to hear hiring case
• 4 charged in suspected meth operation
• Judge says 7th Region game can be played
• Cherry gets 10 years for child porn trading
• Man gets five years for role in hoax at Mount Washington McDonald's
• Changes to juvenile-records bill OK'd
• Wal-Mart insurance bill likely is dead
• Bill aimed at reducing premiums derailed

Cincinnati / Northern Kentucky Post

• It's already a done deal legally
• Gay parenting
• Federal complaint was filed by family of man who died in custody of police

Political Blogs

• Blue Grass Policy Blog
  • Best practice for using eminent domain? Pay affected businesses 200 percent of 'fair market' value
• Bluegrass Report Blog
  • Is A Boycott Next?
  • Supreme Court: Fletcher Can't Appoint Another Special Justice
  • Oral Arguments Scheduled Tomorrow Regarding the Attorney General’s Objection to the Seating of Special Judge
  • More On Wil Schroder -- Marcus Carey Supreme Court Race
  • Be Afraid. Be Very, Very Afraid...
  • The Burkesville Bully
  • I Thought It Was A NON-PARTISAN Race?
  • Fletcher Appointee Disqualifies Himself From Hiring Case (AP)
• Bluegrass Roots
  • Podcasts: Scott White Rocks WRFL with Music and Ideas
• Northern Kentucky Politics
  • Seat belt fight getting nasty
  • Judicial forum
  • Stumbo gets religion
  • Edgewood lawyer new US attorney

News: The New Judicial Campaigning Gets Scrutinized Under the Blogoscope

Judicial campaigns and partisan politics came under the blogoscopic review of blogger Mark Nickolas and the BlueGrass Report (www.BlueGrassReport.org ) as he focuses in on Marcus Carey's candidacy for the Supreme Court and his appearances at partisan political rallies. 

Again, welcome to the new political reality of judicial campaigns where everybody knows your name, web sites are like daisies, and digital documents everything.

Here is a link to his story which makes for good reading about judicial candidates not only popping in on partisan meetings but actually emceeing the event.

I Thought It Was A NON-PARTISAN Race?

Let me start by posting a few portions of Canon 5 of the Kentucky Code of Judicial Conduct which governs the conduct by judges and judicial candidates as it relates to inappropriate political activity.  * * *

A judge or candidate shall not identify himself or herself as a member of a political party in any form of advertising, or when speaking to a gathering. If not initiated by the judge or candidate for such office, and only in answer to a direct question, the judge or candidate may identify himself or herself as a member of a particular political party.

So, along these lines, it concerned me to read this in Pat Crowley's story in today's Kentucky Enquirer:

Lawyer Marcus Carey, a candidate for Kentucky Supreme Court, * * * received the Jim and Mary Bunning Award for service to the party.

...And this snippet on the website of the Oldham County Republican Party:

Oldham County GOP's 18th Annual 2006 Lincoln Dinner was held Sunday, February 19 at the Oldham County Community Center in Buckner.  The dinner drew its largest turn-out ever, with over 170 Oldham County Republicans and guests in attendance.  Nearly all Oldham County Republican candidates for office for 2006 attended the dinner.

Former 4th District GOP Chair Marcus Carey once again served as the emcee for the event.  Marc has filed to run in the non-partisan race for Kentucky Supreme Court Justice.