| Kentucky Commercial Law |
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Gerald Gresh v. Waste Services of America, Inc., et al.
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Gerald Gresh claims that Waste Services of America (“WSA”), two of its corporate officers and an affiliated company fraudulently induced him to refrain from exercising an option to buy WSA stock until after most of the corporation’s assets had been sold or transferred. The district court rejected all of his claims as a matter of law. We affirm in part and reverse in part.
I.
In... More... $0 (02-17-2009 - KY)
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James T. Marr, Jr. v. Commonwealth Land Title Insurance Company
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This is a “collateral estoppel” case arising from diversity of citizenship, a case in which the claims and defenses of both parties were difficult for the District Court to follow and for us to adjudicate on appeal. We will do our best to clarify the situation. In an action on a title insurance policy, Thomas Marr, the plaintiff-insured, sued the Commonwealth Land Title Insurance Company in th... More... $0 (01-29-2009 - KY)
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Wayne Jaggers v. City of Alexandria, Alexandria City Council
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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 Members”) in their individual and official capacities, alleging, inter alia, that... More... $0 (02-02-2009 - 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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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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Claude L. Bassett v. The National Collegiate Athletic Association and University of Kentucky Athletic Association
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Appellant Claude L. Bassett (Bassett) was an assistant football
coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations
of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit
against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic
Association (UKAA), alleging conspiracy to violate antitr... More... $0 (06-13-2008 - KY)
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Joe Shane v. Bunzl Distribution USA, Inc.
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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)
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THIENEMAN MULTIFAMILY PROPERTIES, LLC APPELLANT
v.
THORNTONS, INC.
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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)
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Leona Brewer, etc. v. National Indemnity Company, et al.
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This case presents a certified question from the United States Court of
Appeals for the Fourth Circuit. Specifically, the question certified is as follows : Whether
a fiduciary may maintain an action against an insurer for negligently underinsuring its
insured, where the fiduciary, the insurer, and the insured have executed an agreement
in which:
(3) the insurer agreed to litigate wit... More... $0 (06-04-2005 - KY)
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Leona Brewer, etc. v. National Indemnity Company, et al.
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This case presents a certified question from the United States Court of
Appeals for the Fourth Circuit. Specifically, the question certified is as follows : Whether
a fiduciary may maintain an action against an insurer for negligently underinsuring its
insured, where the fiduciary, the insurer, and the insured have executed an agreement
in which:
(3) the insurer agreed to litigate with t... More... $0 (05-17-2005 - KY)
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Philip D. Overstreet v. Lexington-Fayette Urban County Government
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Plaintiff-Appellant, Philip D. Overstreet, is employed by Defendant-Appellee, the Lexington-Fayette Urban County Government ("LFUCG"), in its Division of Engineering. Mr. Overstreet describes his job duties as primarily consisting of plotting map coordinates as a computer operator.
On October 16, 2000, the LFUCG issued a Real Property Disclosure Policy ("Policy"). The stated purposes of... More... $0 (09-30-2002 - KY)
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Natasha Thomas, et al. v. Ann Cohen, et al.
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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)
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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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United States v. True
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The Hyde Amendment authorizes reasonable attorney fees and litigation expenses to a prevailing party in a criminal case if a court finds that the government's position was "vexatious, frivolous, or in bad faith." Pub. L. No. 105-109, § 617, 111 Stat. 2519 (1997), reprinted in 18 U.S.C. § 3006A, Historical and Statutory Notes (hereinafter "18 U.S.C. § 3006A, Statutory Notes").(1) Defendant David P.... More... $0 (05-17-2001 - KY)
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