| Kentucky Agency Law |
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William Sanford v. Main Street Baptist Church Manor, Inc.
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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)
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Westport Insurance Corp., et al. v. Energy Financial Services, LLC, et al.
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The plaintiff insurance companies appeal the district court’s order granting summary judgment to the defendant insureds, in which the district court determined that under the terms of the policies issued by plaintiffs, plaintiffs had a duty to defend the insureds against third-party negligence claims. We affirm. Energy Insurance Agency (“Energy”) is, among other things, a consultant in the i... More... $0 (03-24-2009 - KY)
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Methodist Hospital of Kentucky, Inc. v. Wesley Gilliam
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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)
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Mike Fitzpatrick v. City of Franfort, Kentucky; Wallace Possich, Individually and in his official capacity as City of Frankfort Fire Chief
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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)
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Amanda Goebel v. Carolyn Arnett
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Amanda Goebel sued Louisville Attorney Carolyn Arnett on fraud, breach of contract and other theories for the way in which she handled the placement of Goebel baby which Goebel thought that she wanted to give up at birth. Goebel decided to give up her child for adoption while severely depressed after getting pregnant by an Egyptian national who was in the United States on a student visa.
S... More... $6500 (01-10-2009 - KY)
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Debra L. Vaughn v. Louisville Water Company, et al.
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Plaintiff Debra Vaughn appeals the district court’s grant of summary judgment in favor of her former employer, defendant Louisville Water Company (“LWC”), on her claims of disparate treatment, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. For the reasons stated below, we AFFIRM the decision of the distr... More... $0 (11-24-2008 - KY)
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Cincinnati Insurance Company v. George Hofmeister and Kay Hofmeister
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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)
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Kentucky Waterways Allicance, et al. v. Stephen L. Johnson, in his official capacity as Administrator of the United States
Environmental Protection Agency
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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 (“EPA”), the Commonwealth of Kentucky, the Kentucky... More... $0 (09-03-2008 - KY)
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Nautilus Insurance Company v. Glen Cassady; Interstate Property Remediation, Inc.
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Defendants, Interstate Property Remediation, Inc., and its principal owner, Glen Cassady, appeal from the district court’s order granting summary judgment to Plaintiff, Nautilus Insurance Company, with respect to a bad faith action initiated after Nautilus reserved its right to deny coverage under an insurance policy owned by Cassady and Interstate. For the reasons that follow, we AFFIRM the jud... More... $0 (08-08-2008 - KY)
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Paul Bariteau v. PNC Financial Services Group, Inc., et al.
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In the late 1990s, Paul Bariteau lost nearly $14 million that he had invested in the Military Channel after the company’s vice president and chairman, Lenny Krane, made several unauthorized withdrawals from the company’s account with PNC Bank.
In 2006, after obtaining a default judgment against the judgment-proof Krane, Bariteau filed a complaint against PNC, alleging that PNC had brea... More... $0 (07-16-2008 - KY)
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Kathy Conner v. State Farm Mutual Automobile Insurance Company
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Plaintiff Kathy Conner appeals the district
court's grant of summary judgment in favor of Defendant State Farm Mutual Automobile Insurance
Company ("State Farm") and the denial of her Rule 59(e) Motion to Alter or Amend the Judgment.
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)
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Douglas Jones v. United States Department of Labor, et al.
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Jones worked at the company's gaseous diffusion plant in Paducah, Kentucky, from June of
1988 until his discharge as part of a reduction in force (RIF) on July 5, 2000. Jones first worked at
the plant as an industrial hygiene technician and later moved into the environmental compliance
department. In early 1995, he became the manager of the support services department, and in 1998
he tran... More... $0 (09-09-2005 - KY)
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Lexington-Fayette v. Wal-Mart Stores, Inc.
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Civil Rights - Administrative Law: Lexington-Fayette Urban County Human Rights
Commission (the Commission) and Meloris Baker appeal from an
Opinion and Order of June 14, 2002, of the Fayette Circuit
Court. The circuit court vacated a decision of the Commission
that had favored Baker; it ordered the Commission to conduct a
new hearing on her charge of discrimination against the appellee, Wa... More... $0 (07-11-2003 - KY)
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Netta Banks v. Wolfe County Board of Education, et al.
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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)
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N.L., a minor, by her mother, Ms. C., as next friend, and Ms. C., individually,
v. Knox County Schools, et al.
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On January 11, 1999, IDEA and section 504 evaluation teams convened by the school system determined that N.L. was ineligible for special assistance under either statute. Ms. C. was the sole dissenting member of both teams. After N.L. was determined ineligible, Ms. C. requested a due process hearing for her daughter under the IDEA. At the conclusion of the due process hearing, the administrative l... More... $0 (01-17-2003 - KY)
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American Home Assurance Company v. Frank M. Hughes and Sheila W. Hughes
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Defendants Frank M. Hughes and Sheila W. Hughes appeal the district court's grant of summary judgment in favor of plaintiff American Home Assurance Company ("American"), in a dispute regarding American's maximum liability under an uninsured motorist insurance policy where the tortfeasor carried some liability insurance but less than the statutory amount required under the Kentucky Motor Vehicle Re... More... $540000 (12-14-2002 - KY)
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Clark Regional Medical Center, et al. v. United States Department of Health and Human Services
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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)
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American Home Assurance Company v. Frank M. Hughes and Sheil W. Hughes
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Defendants Frank M. Hughes and Sheila W. Hughes appeal the district court's grant of summary judgment in favor of plaintiff American Home Assurance Company ("American"), in a dispute regarding American's maximum liability under an uninsured motorist insurance policy where the tortfeasor carried some liability insurance but less than the statutory amount required under the Kentucky Motor Vehicle Re... More... $0 (11-22-2002 - KY)
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Jane B. Caudill, et al. v. Eubanks Farms, Inc., et al.
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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)
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Edna Ayers, Administratrix of the Estate of Roy L. Hardin, deceased v. United States of America
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Lock and Dam No. 2, located at mile 31 on the Kentucky River, is owned and operated by the United States through its agency, the Corps. Lock No. 2 consists of a lock, to allow vessel passage on the river, and a dam, to maintain a navigable water level. The area downstream of Lock No. 2, near Lockport, Kentucky, is a popular swimming area. On August 3, 1997, Hardin was swimming approximately one ... More... $0 (01-17-2002 - KY)
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The Kroger Company v. Regional Airport Authority of Louisville and Jefferson County
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The Kroger Company appeals the district court's affirmance of the Regional Airport Authority of Louisville and Jefferson County's decision to partially reimburse Kroger for relocation expenses under the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 (URA), 42 U.S.C.A. §§ 4621-4638 (West 1995 & Supp. 2001). Kroger contends (1) that the district court applied the inco... More... $0 (04-11-2002 - KY)
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Lesley Warfield, et al. v. AlliedSignal TBS Holdings, Inc., et al.
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Lesley Warfield filed a wrongful death action against her late husband's employer, AlliedSignal Truck Brake Systems, Inc., and its holding company, AlliedSignal TBS Holdings, Inc. (collectively, AlliedSignal). Following a scheduling conference before the district court, Warfield dismissed her complaint against AlliedSignal with prejudice pursuant to Rule 41(a)(1)(i) of the Federal Rules of Civil P... More... $0 (10-05-2001 - KY)
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Appolo Fuels, Inc. v. Bruce Babbitt
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. The plaintiff, Appolo Fuels, Inc., appeals the district court's judgment upholding the decision of the Interior Board of Land Appeals that Appolo violated federal regulations requiring the elimination of "highwalls" (described in the record as "cliff-like" rock walls) at its surface coal-mining site in Kentucky. Appolo maintains that it had initially backfilled the site properly and that the sub... More... $0 (10-24-2001 - KY)
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