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Kentucky Affirmative Defense Law
 
T.S. and T.S., next friends of J.S. and K.S. v. John Doe

J.S. and K.S. were taken to the Breathitt Regional Juvenile Detention Center (BRJDC) after being arrested for underage drinking. As part of the facility’s intake policy, both teenagers were required to submit to a fully nude visual inspection by a correctional officer of the same sex. Their parents thought this to be unconstitutional and brought suit against the two guards, the supervisors of BR... More...   $0 (02-05-2014 - KY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit, because it was pro... More...
   $0 (11-08-2013 - KY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc.

Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit, be... More...
   $0 (10-22-2013 - KY)

Dionte Tyler v. DH Capital Management, Inc.

Dionte Tyler brought this action under the Fair Debt
Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection
action instituted by DH Capital Management (DHC) sought to collect an

1

No. 13-5021 Tyler v. DH Capital Management, Inc. Page 2

amount to which DHC was not legally entitled. The district court dismissed the suit,
... More...
   $0 (10-22-2013 - KY)

Allen King v. Eric Taylor

This case involves the shooting death of Roger King by Kentucky State Trooper Eric Taylor. Taylor, along with officers from the Sheriff’s Office for Boyle County, Kentucky, were attempting to arrest King at his home. Taylor alleges that he shot and killed King in self-defense and/or in defense of his fellow officers. The administrators of King’s estate brought this action, asserting claims aga... More...   $0 (09-12-2012 - KY)

Guillermo Herrera v. Churchill McGee, LLC

Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission... More...   $0 (05-16-2012 - KY)

Rodney Cochran v. Dan Gilliam

In this 42 U.S.C. § 1983 action, Defendants- Appellants Dan and Don Gilliam (collectively, “Gilliams”) appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity.

Plaintiff-Appellee Rodney Cochran alleges the Gilliams, both deputy sheriffs in Lincoln County, Kentucky, violated his constitutional rights by assisting Cochran’s landlords... More...
   $0 (09-02-2011 - KY)

Fluke Corporation v. Gary Lemaster

We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap... More...   $0 (03-18-2010 - KY)

Jeffrey Hayes v. UPS, et al.

In this “hybrid § 301” 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)

William Sanford v. Main Street Baptist Church Manor, Inc.

Plaintiff/Appellant William Sanford (“Sanford”) appeals the order of the district court granting summary judgment to Defendants/Appellees Main Street Baptist Church Manor (“Manor”) and Southeastern Management Center, Inc. (“Southeastern”) (collectively, “Defendants”) on Sanford’s claims of hostile environment sexual harassment, quid pro quo sexual harassment, and retaliation, pur... More...   $0 (05-20-2009 - KY)

James Whitehead v. Neil Bowen

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)

Sharon Ranell Grimes v. Mazda North American Operations, Ford Motor Company

This products liability action presents an appeal from a jury verdict in favor of defendants Mazda and Ford and against plaintiff Sharon Grimes after a rollover truck accident in Kentucky left Grimes a quadriplegic.(1) She alleges that two defects in the truck caused her injuries: (1) the truck's design gave it a high propensity to rollover under reasonably foreseeable circumstances, and (2) the s... More...   $0 (01-19-2004 - KY)

Sherry Michals v. Baxter Healthcare Corporation and Baxter International, Inc.

Plaintiff, Sherry Michals, appeals from the district court's order granting summary judgment to Defendants Baxter Healthcare Corporation and Baxter International, Inc., on statute of limitations grounds, in this case wherein Plaintiff seeks damages for injuries she allegedly sustained as a result of breast implants manufactured by a corporation now owned by Defendants. This matter is in federal co... More...   $0 (05-06-2002 - KY)

 
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