This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca... More...   $0 (10-29-2009 - KY)

The sole issue raised in this rehearing en banc is whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), creates a cause of action for third-party retaliation for persons who have not personally engaged in protected activity. After applying the plain and unambiguous statutory text, we join the Third, Fifth, and Eighth Circuit Courts of Appeal in holding that the ... More...   $0 (06-06-2009 - KY)

Plaintiff, Krowtoh II, LLC, filed suit against Frank Schwarzenau, ExCelsius International GmbH (“ExCelsius GmbHâ€�), and ExCelsius International Ltd. (“ExCelsius Ltd.â€�), Defendants, and Shaun Ahern,1 invoking the district court’s diversity jurisdiction under 28 U.S.C. § 1332. Plaintiff sought damages and equitable relief arising from ExCelsius Ltd.’s alleged breach of the franchise agre... More...   $0 (05-19-2009 - KY)

In this “hybrid § 301â€� employment case brought under the Labor Management Relations Act, 29 U.S.C. § 185, Jeffrey Hayes appeals the district court’s order granting motions for summary judgment in favor of his former employer, United Parcel Service, Inc. and his former union, the International Brotherhood of Teamsters, Warehousemen and Chauffeurs, Local No. 236. Hayes argues that UPS discha... More...   $0 (05-19-2009 - KY)

This is a section 1983 suit brought by parents of a child with autism against his school and the school employees charged with the his care. The child, A.P., wandered out of gym class and was found several hours later, unclothed and covered in mud. The suit alleges that the school had an affirmative duty to protect the child from harm and that its failure to do so violated the child’s due proces... More...   $0 (05-22-2009 - KY)

Plaintiff Michael D. Harmon appeals the district court’s grant of summary judgment in favor of his former employer, defendant Earthgrains Baking Companies, Inc. (“Earthgrainsâ€�), and dismissal of his claim for age discrimination under the Kentucky Civil Rights Act, KY. REV. STAT. ANN. § 344.040(1). The district court determined that Harmon failed to satisfy the fourth element of the prima fa... More...   $0 (02-11-2009 - KY)

Plaintiff-Appellant Linda Wolfanger sued Defendants-Appellees alleging use of excessive force and failure to properly train officers in violation of 42 U.S.C. § 1983, a violation of the Americans with Disabilities Act (“ADAâ€�), and various state law claims. On a motion by Defendants, the district court granted summary judgment on all federal claims and dismissed the state law claims without pr... More...   $0 (01-21-2009 - KY)

This interlocutory appeal arises from a suit by Plaintiffs-Appellees Wayne and Mabelle Jaggers and Speedway SuperAmerica LLC. Plaintiffs brought suit under 42 U.S.C. § 1983 against Defendants-Appellants City Council Members Stacey Graus, William Rachford, Bobbi Jo Farmer and Barbara Weber (collectively, “Council Membersâ€�) in their individual and official capacities, alleging, inter alia, that... More...   $0 (02-02-2009 - KY)

This Court granted discretionary review to address one issue - whether a wrongful discharge claim under state law is preempted by federal law (the National Labor Relations Act) where the discharge was allegedly based on the employee's participation in union organizing activities . We agree with the trial court that the National Labor Relations Board has exclusive jurisdiction over such claims, rev... More...   $0 (01-22-2009 - KY)

We accepted discretionary review in this auto insurance case to consider whether an insured's failure to bring suit against the tortfeasor within the limitations period violates a contract provision whereby the insured undertakes to "do nothing to prejudice" the insurance company's right to subrogation . The Court of Appeals held that failure to bring timely suit violated the contract, and thus th... More...   $0 (01-23-2009 - KY)

Vernon Greg Smith appeals from the district court’s grant of summary judgment against him and in favor of Caterpillar, Inc. Smith contends that he was wrongfully discharged from an implied employment contract with Caterpillar after he threatened to report potential safety issues to the Federal Occupational Safety and Health Administration. He further alleges that Caterpillar breached his implied... More...   $0 (12-19-2008 - KY)

Plaintiff Mike Fitzpatrick appeals from the entry of summary judgment in favor of defendants, the City of Frankfort, Kentucky, and its Fire Chief Wallace Possich, on plaintiff’s claim of retaliation in violation of his First Amendment rights. 42 U.S.C. § 1983.1 Plaintiff argues that it was error to conclude that he could not state a claim under Pickering’s two-part test for First Amendment re... More...   $0 (12-24-2008 - KY)

Plaintiff–Appellant James Whitehead (“Whitehead�) appeals the district court’s grant of summary judgment in favor of Defendant Pioneer Valley Police Officer Neil Bowen (“Bowen�) in this action brought under 42 U.S.C. § 1983 and state law seeking damages for Bowen’s alleged use of excessive force in the course of an arrest.

Whitehead appeals as well the court’s denial of his... More...   $0 (11-18-2008 - KY)

This is the appeal and cross-appeal of a judgment entered in Scott Circuit Court after a jury found Cincinnati Insurance Company (CIC) liable to George and Kay Hofmeister for fraudulent misrepresentation and for violation of the Kentucky Unfair Claims Settlement Practices Act (UCSPA), Kentucky Revised Statutes (KRS) 304.12–230. CIC appeals the trial court’s denial of its motions for summary ju... More...   $0 (10-01-2008 - KY)

Plaintiffs, Kentucky Waterways Alliance, Sierra Club Cumberland Chapter, Kentuckians for the Commonwealth, and Floyds Fork Environmental Association, appeal the district court’s grant of summary judgment in favor of Defendants, Stephen L. Johnson, in his official capacity as Administrator of the United States Environmental Protection Agency (“EPAâ€�), the Commonwealth of Kentucky, the Kentucky... More...   $0 (09-03-2008 - KY)

Paul Parsley, the former sheriff of Bullitt County, Kentucky, fired deputy sheriff David Greenwell immediately after he learned through a newspaper article that his deputy intended to run against him in the next election. Greenwell responded by filing suit against Parsley and his chief deputy Mack (Jim) McAuliffe. The only federal cause of action included in the complaint was an allegation that d... More...   $0 (09-05-2008 - KY)

When Joe Shane first appealed his contract claim to this court, we affirmed the district court in all respects save one: We remanded Shane's request to file a third amended complaint because the court gave no explanation for denying the motion. On remand, the district court provided an explanation for denying the motion, one that lies within the range of discretion given to the district courts... More...   $0 (04-30-2008 - KY)

Conner brought suit against State Farm, alleging that State Farm violated Kentucky's Civil Rights Act, KY. REV. STAT. § 344.040(1), by discriminating against... More...   $0 (04-16-2008 - KY)

Officer John Cook handcuffed Simon after ... More...   $0 (01-30-2008 - KY)

At approximately 2:00 a.m. on October 6, 2002, Defendant Officer Ronnie D. Harvell, a police... More...   $0 (11-16-2007 - KY)

Timothy Morrison ("Morrison") was a student at Boyd County High School ("BCHS"). He is a Christian, and he believes that homosexuality is a sin. He further believes that part of his responsibility as a Christian is to tell others when their conduct does not comport with his understanding of Christian morality. During the 2004-05 academic year, BCHS had a written policy prohibiting students ... More...   $0 (11-06-2007 - KY)

Colleen Sarah Pinkston appeals from a summary judgment by the Daviess Circuit Court dismissing her personal injury claim against her landlord, Lincolnshire North Apartments, Inc., and Audubon Area Community Services, Inc. She argues that the trial court erred in finding that Lincolnshire could not be liable for personal injuries caused by a breach of its agreement to repair her leased premises.... More...   $0 (11-30-2006 - KY)

After petitioners, two Kentucky Counties, each posted large, readily visible copies of the Ten Commandments in their courthouses, respondents, the American Civil Liberties Union (ACLU) et al., sued under 42 U. S. C. §1983 to enjoin the displays on the ground that they violated the First Amendment's Establishment Clause. The Counties then adopted nearly identical resolutions calling for a more ... More...   $0 (06-28-2005 - KY)

The Appellees in this case brought five separate counts against the Appellant teachers and administrators of a Kentucky high school. Among these were a claim under 42 U .S .C .A. §1983 for violation of their right to be free from unreasonable searches under the Fourth Amendment of the United States Constitution, a claim under §2 of the Kentucky Constitution for deprivation of due process... More...   $0 (06-04-2005 - KY)

Early Ray Bryant and Clara L. Bryant sued the City of Williamsburg and officer Brad Nighbert claiming that Nighbert violated Early Ray's civil rights, 42 U.S.C. 1983, by using excessive force when he was arrested in May of 2002. Bryant, age 63, who is a retired retired truck driver, claimed that a factory security guard made a slur about his wife over the citizen's band radio, and they got int... More...   $35000 (05-03-2005 - KY)

Divorce Law: Randy Joel Overstreet has appealed and his former wife, Janet Darlene Overstreet, has cross-appealed from an order entered by the Hardin Circuit Court on October 24, 2001, which sustained in part and overruled in part the objections filed by Randy and Janet to the Commissioner's report concerning the division of the retirement benefits and accumulated annual leave and compens... More...   $0 (12-16-2003 - KY)

FACTS On October 14, 1991, Frank Ferrante sustained an eye injury from a shattered cutting tool similar to a drill bit, commonly referred to in the industry as an end mill. It is signific... More...   $471343 (12-16-2003 - KY)

These are consolidated appeals from orders adjudging that appellee's second mortgage has equal priority with appellant's first mortgage, a purchase money mortgage, because the mortgagor's husband did not sign the first mortgage. We adjudge that because of the provision in KRS 392.040(1) stating that a spouse does not have a curtesy interest in land sold to satisfy a purchase money mortgag... More...   $0 (07-25-2003 - KY)

In 1993, Plaintiff-Appellant Netta Banks ("Banks") received a degree in elementary education. After her graduation, Banks began substitute teaching for the Wolfe County Board of Education ("Defendant Board"). In 1995, Banks was hired as a classified instructional aide with Defendant Board. In August of 1998, Banks became the parent liaison at Campton Elementary School. Banks was never employed... More...   $0 (06-11-2003 - KY)

On December 4, 1998, defendant-appellant, Don Hamlin, then the Co-Chief of Police for the City of Williamsburg, Kentucky (the "City"), arrested plaintiffs-appellees, Torre S. Crockett and DuShon L. Greene, both students at Cumberland College, for complicity in the rape of another Cumberland College student. Following their arrest, Crockett and Greene were detained in jail for ten days. Although th... More...   $0 (01-13-2003 - KY)

This dispute is about whether hospital beds licensed for acute inpatient care, but used for other purposes when not needed by inpatients, may be counted for purposes of a Medicare program designed to reimburse certain hospitals based on the number of available beds. Specifically, the Medicare program, administered by the United States Department of Health and Human Services ("Department"), provide... More...   $0 (12-11-2002 - KY)

The plaintiff, Todd Gray, received severe head injuries during a rollover accident involving a Chevrolet S-10 pickup truck in which he was a passenger. Consequently, Gray sued General Motors and the driver of the pickup truck, seeking reimbursement for medical expenses and for his pain and suffering. After the plaintiff reached a settlement with the driver of the vehicle, defendant General Motors ... More...   $30288 (11-27-2002 - KY)

On October 16, 2000, the LFUCG issued a Real Property Disclosure Policy ("Policy"). The stated purposes of... More...   $0 (09-30-2002 - KY)

Plaintiffs are shareholders in a closely held Kentucky corporation, Eubanks Farms, Inc. In their complaint, Plaintiffs allege that a shareholder deadlock exists and that the business of the corporation can no longer be conducted to the advantage of the shareholders generally. Plaintiffs requested that Defendant Eubanks Farms, Inc. be dissolved pursuant to Ky. Rev. Stat. § 271B.14 on the grounds of... More...   $0 (09-04-2002 - KY)

Ann Cohen, Glenn Craig, James Embry and Susan Fischer, all officers with the Louisville, Kentucky, Police Department, appeal the district court's denial of their motion for summary judgment in this civil rights action filed by Plaintiffs, Natasha Thomas, Susan Gibbs, and Edwina Lewis, former residents of the Augusta House, a "transitional shelter" for women attempting to acclimate themselves to ma... More...   $0 (08-23-2002 - KY)

Plaintiffs-appellants, Medicaid recipients with tobacco-related illnesses, appeal the dismissal of their actions seeking injunctions against two states, Kentucky and Tennessee (the States). Plaintiffs seek to intercept tobacco settlement money due to the States under the Master Settlement Agreement between a number of settling states and tobacco manufacturers. We affirm the dismissal of Plaintiffs... More...   $0 (06-13-2002 - KY)

On January 16, 1998, Plaintiff filed a two-count complaint in the district court, alleging violations of the ADA and the Rehabilitation Act. On July 21, 1998, Plaintiff amended its complaint, adding as a third cause of action denial of substantive due process. According to the district court's opinion, Plaintiff also asserted a constitutional equal protection claim. Defendants filed an answer on A... More...   $0 (06-12-2002 - KY)

Plaintiff Gary W. Rose appeals the district court's grant of summary judgment for defendant Robert F. Stephens in this 42 U.S.C. § 1983 action. Plaintiff argues that his termination from the position of Commissioner of the Kentucky State Police violates the First Amendment of the United States Constitution and the Kentucky Whistleblower Act, K.R.S. Chapter 61. For the reasons discussed below, we a... More...   $0 (06-03-2002 - KY)

Gary Wade Puckett sued David Kaplan for legal malpractice in connection with Kaplan’s representation of Puckett in a criminal case. Kaplan joined two prosecutors and a Kentucky State Police chemist as third-party defendants. The trial court found that the third-party defendants were immune from suit and that Kaplan was not entitled to indemnity, contribution, or apportionment from the th... More...   $0 (11-21-2001 - KY)

The Main Street Baptist Church, through its pastor and trustees, brought suit in federal district court against the City of Burnside, Kentucky, as well as against the City's mayor and several council members, asserting claims pursuant to 42 U.S.C. § 1983 and the Religious Freedom Restoration Act (RFRA). These claims arose from the City's decision to develop a previously dedicated roadway located b... More...   $0 (05-07-2002 - KY)