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)

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

iLOR, LLC (“iLORâ€�) appeals from a judgment of the U.S. District Court for the Eastern District of Kentucky, iLOR, LLC v. Google, Inc., No. 5:07-CV-109, Doc. 71 (E.D. Ky. Nov. 30, 2007), which dismissed the “actionâ€� with prejudice after the district court denied iLOR’s motion for preliminary injunctive relief on claim 26 of U.S. Patent No. 7,206,839 (“the ’839 patentâ€�) and granted G... More...   $0 (12-19-2008 - 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)

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)

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)

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)

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)

This case arose out of a billing dispute in which one company provided interstate and intrastate shipping services to the other company. Plaintiff-appellant CGH Transport, Inc. ("CGH") appeals the district court's (1) partial grant of a motion to dismiss, (2) partial grant of summary judgment, (3) denial of a motion to reconsider, and (4) denial of several motions to amend in favor of defen... More...   $0 (01-16-2008 - KY)

Thieneman Multifamily Properties, LLC, (Thieneman) appeals from an order of the Jefferson Circuit Court dismissing its action against Thorntons, Inc. In its verified complaint, Thieneman alleged that Thorntons owns property (tracts 7 and 8) subject to a thirty-foot easement intended to benefit an adjacent parcel (tract 9). Tract 9 was ultimately conveyed to Thieneman. Thieneman alleged that... More...   $0 (10-26-2007 - KY)

Patrick D. McConnell and Mary Elizabeth McConnell appeal from a judgment of the Jefferson Circuit Court which, as relevant to their appeal, (1) required them to remove structures encroaching upon a tract of property owned by Martin B. Stivers, Marion Patricia Stivers, William G. Norris, Jr., and Angela Rosemary Norris (collectively Norris/Stivers) and a tract of property owned by Ronald a... More...   $0 (01-20-2007 - KY)

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)

This is an appeal from a judgment entered by the Henry Circuit Court following the court's entry of summary judgment as to the civil liability claims against appellant which held him liable for the assault and battery of appellee, M.M., and which resulted in a jury award of $200,606.70 in damages. Appellant claims that the judgment should be reversed and remanded for the reasons that (1) sum... More...   $200606 (01-13-2004 - 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)

Appellants, Jerry Hall and Dean Hall (the Halls), are the sons of Ruth Hall Creech who died testate on July 11, 1993, leaving a... More...   $0 (12-15-2003 - KY)

Schlenk entered into a vehicle lease agreement with Bill Collins Ford, Inc. A lease agreement, like a purchase agreement, is negotiable and subject to statutory regulation, as we shall later discuss. Here, Schlenk negotiated a lease for a new truck having a total value of $22,279. The dealer assigned the lease to FMCC. In order to calculate Schlenk's monthly payments, FMCC subtracted the valu... More...   $0 (10-25-2002 - KY)

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

When a pleading is amended to change the party against whom a claim is asserted, as first year civil procedure students routinely learn, the amendment "relates back," under certain conditions, to the date of the original pleading. Under the Federal Rules of Civil Procedure, the conditions that must be satisfied if the relation-back doctrine is to apply are not always identical to the conditions th... More...   $0 (05-24-2002 - KY)

In this action which was removed pursuant to diversity jurisdiction under 28 U.S.C. §§ 1332 and 1441 et seq., Plaintiffs, Margaret Hayes, et al., appeal from the district court's order awarding Defendant, Equitable Production Company ("Equitable"), f/k/a Equitable Energy Resources Company, summary judgment on Plaintiffs' Kentucky state law claims of breach of contract and trespass, in connection w... More...   $0 (09-26-2001 - KY)

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)

This appeal(1) presents questions concerning the nature and extent of circumstantial evidence needed to permit a reasonable inference of gender discrimination by school officials in the student-on-student sexual harassment context. The Spencer County School District ("Spencer")(2) appeals from the district court's denial of its post-trial motion for judgment as a matter of law. A jury found that S... More...   $0 (11-06-2000 - KY)