Kentucky Law Review

VERDICTS: "Jury says Conti doesn't have to pay damages to Medicare, Medicaid" from Courier Journal

Jury says Conti doesn't have to pay damages to Medicare, Medicaid

A jury has rejected the U.S. Justice Department's claim that Louisville businessman Tony Conti and his wife, Victoria Conti, should pay up to $1.4 million in damages for allegedly overbilling Medicare and Medicaid for back braces.

Settlements: "Ky. family settles lawsuit over vacation deaths"

From AP is a story of a $5 million settlement for wrongful deaths against the federal government:

Ky. family settles lawsuit over vacation deaths

September 18, 2009 By The Associated Press  BRETT BARROUQUERE (Associated Press Writer)

LOUISVILLE, Ky. (AP) — A Kentucky doctor and her son have reached a $5 million settlement with the federal government over the deaths of her husband and 8-year-old daughter who were washed over a 184-foot waterfall in a national park in Hawaii during a family vacation in 2003.

Dr. Holly Brown of Louisville and her 17-year-old son, Clayton, sued in 2004, claiming there should have been warning signs about flash floods in the park. Brown's husband, high school teacher Kevin Brown, and their daughter Elizabeth were washed over Makahiku Falls in Haleakala National Park near Maui, Hawaii.

The settlement was approved Friday by U.S. District Judge Charles Simpson. It includes $2.6 million in cash, with another $2.4 million paid in an annuity.

"This is a step," said John Cox, the attorney for the Brown family. "But I don't know if they'll ever recover emotionally from this."

Holly Bundock, a spokeswoman for the National Park Service's Pacific Division in Oakland, Calif., declined to say whether any changes were made at the park because of the accident. Bundock referred questions about the settlement to the U.S. Attorney's Office in Louisville.

Assistant U.S. Attorney Brady Miller said the office had no objection to the settlement and would forward it to the U.S. Justice Department for approval.

The deaths happened in the matter of a moment.

Verdicts: Story on $101 Million Verdict against Ventas

$101 million dollar verdict rendered against Ventas in federal court.  Story by Andrew Wolfson of Courier Journal:

Line between competition and ethics at heart of record award

By Andrew Wolfson • awolfson@courier-journal.com • September 14, 2009

The $101 million verdict returned Sept. 4 by a Louisville jury for Ventas Inc. shows that ethics and rules do matter in business, a lawyer for the real-estate investment trust says.

The verdict, which came after a nearly three-week trial in U.S. District Court, was one of the largest ever returned in Kentucky, according to news accounts and the Kentucky Trial Court Review, which reports civil verdicts statewide.

The jury found that one of Ventas' main rivals, Long Beach, Calif.-based HCP Inc., sabotaged Ventas' deal to buy a Canadian operator of assisted living centers by offering a higher bid, even though it knew the offer was invalid.

Ventas ultimately bought Sunrise Senior Living Real Estate Trust in the spring of 2007, but only after it had to sweeten its original $1.8 billion bid by 10 percent.

David Bradford, Ventas' lead counsel, said in an interview that the case showed “there is a right way to compete and a wrong way to compete” and that “while we value our competitive system, it is not ‘anything goes.'”

* * * click on heading for rest of story AND a list of the biggest verdicts in Kentuckyu.

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.

Louisville Verdict: Jury awards couple $10.6 million in Louisville against BB&T (formerly Bank of Louisville)

$10.6 Million Verdict reported in Jefferson County against bank for fraud in the inducement.  Story by Jason Riley of Courier Journal:

Jury awards couple $10.6 million in Louisville

By Jason Riley • jriley@courier-journal.com • April 1, 2009

A Jefferson Circuit Court jury this week found Branch Banking & Trust, or BB&T, liable for fraud and awarded a Louisville couple $10.6 million in damages.

Monday's verdict included $9 million in punitive damages against the bank, finding that BB&T acted maliciously.

Jurors found that Bank of Louisville, which was later acquired by BB&T, used false information in 2002 to persuade Larry and Linda Thompson to consolidate numerous bank loans they had for their real-estate business to one mortgage with Bank of Louisville.

The Thompsons claimed that BB&T committed fraud by inducing them into a lending relationship through false representations and then destroyed their business by refusing to allow them to buy real estate, which had been part of their business for the past two decades, said Larry Zielke, the attorney for the Thompsons.

click on heading for rest of story.

SETTLEMENTS: Kentucky Kingdom Suit Settled

Kentucky Kingdom Suit settled, amount confidential, but lifetime medicals covered.

Six Flags settles with Lasitter family
By Andrew Wolfson • awolfson@courier-journal.com • November 22, 2008

Nearly 1 ½ years after Kaitlyn Lasitter's feet were severed on a ride at Six Flags Kentucky Kingdom, the amusement park has reached a confidential out-of-court settlement with the teenager's family, who had sued the park for negligence.

The lawyer for Kaitlyn's parents, Monique and Randy Lasitter, said they are "relieved" the case is over, but hardly happy.

CIVIL TRIALS: Klan ordered to pay $2.5 million in civil trial

The lawyers from the Southern Poverty Law Center presented a theory of liability against the Klan organization claiming it "recklessly bred an atmosphere of hate at the hands of the Klansmen, even though he didn't order it."   Here is the Courier Journal story.  Click on heading for entire post.

Klan ordered to pay $2.5 million in civil trial
Judgment in lawsuit aims to cripple group

By Chris Kenning • ckenning@courier-journal.com • November 15, 2008

BRANDENBURG, Ky. — The leader of the Kentucky-based Imperial Klans of America and a former Klansman must pay $2.5million in damages for the beating of a minority teenager at a county fair that left him with permanent injuries, a Meade County jury ruled late last night.

Attorneys for the victim, Jordan Gruver, 19, argued that Ron Edwards, the Klan group's Imperial Wizard, recklessly bred an atmosphere of hate and violence and was liable for Gruver's July 2006 beating at the hands of his Klansmen, even though he didn't order it.

The large judgment, which must be shared by former Klansman Jarred Hensley, who participated in the attack, will cripple the nation's second-largest Klan group and help deter future violence, said Southern Poverty Law Center attorneys who are representing Gruver.

"In America, you have the right to hate, but you don't have the right to hurt," said law center attorney Morris Dees, who notched his latest legal win against hate groups.

As a result of the verdict, the IKA, which has 23 chapters in 17 states, may have to relinquish its 15-acre compound near Dawson Springs, Ky. Both defendants will likely have wages garnished for the next 15 years, Dees said, even though they claim to have no money.

CIVIL SUITS: Jury in 'lost' warrant case sides with city

Jury in 'lost' warrant case sides with city FROM COURIER JOURNAL

A federal court jury decided unanimously today for the city of Louisville in a lawsuit alleging that city police officers failed in their duty to protect a domestic abuse victim who was murdered in 2000.

SETTLEMENTS: Lexington government suit over overtime settles with $2.1 million in attorney fees

City settlement means $2.1 million for lawyers from Kentucky.com

 

Lexington will be paying more than $2.1 million in attorneys fees in the settlement of an overtime pay lawsuit involving more than 300 current and former Fayette County Detention Center corrections officers.

 

SETTLEMENTS: "Louisville settles lawsuit in crash with officer"

AP Story based on Courier Journal story on settlement with police in Louisville:

Louisville settles lawsuit in crash with officer
The Associated Press

LOUISVILLE, Ky. --
The mother of a Louisville man killed in a 2006 car crash with a Louisville Metro Police officer will receive $1.3 million from the city in a settlement deal.

The Courier-Journal of Louisville reports that Marsha Butler settled the wrongful-death lawsuit Monday.

Butler's son, 38-year-old Derek Butler, was killed on his way home from choir practice on Jan. 30, 2006, when his car collided with a police car driven by Officer Jason Brown, who was driving the wrong way on a one-way street.

The payout is the second largest by the city this decade for suits and jury awards involving the police department.