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)

This is a consolidated appeal from a decision of the Court of Appeals in an attorney/ malpractice action and an insurance company/ bad faith action arising out of a workers compensation case. Both the successful litigant at the trial and appellate level, the Landrum 8, Shouse law firm, and the unsuccessful litigant, Kuhlman Electric Corporation, petitioned this Court for discretionary review. The ... More...   $0 (10-29-2009 - KY)

Ken Hodak was hired as CEO of United American Resources GP Services, LLC, in May 2006. In his first four months, Hodak’s performance was less than satisfactory. After management came to suspect that Hodak had breached his Confidentiality Agreement by improperly disclosing to third parties UAR’s pending negotiations to acquire other companies, Hodak was terminated for cause without prior notice... More...   $0 (09-10-2009 - KY)

In United States Fidelity 8s Guaranty Company v. Technical Minerals, Inc . , 934 S.W .2d 266 (Ky. 1996), the court held that a company that contracted with a temporary labor service for temporary employees was a contractor for the purposes of Chapter 342. Thus, KRS 342.690(1) immunized the contractor from a temporary employee's tort action. This case presents the converse situation . It concerns w... More...   $0 (06-25-2009 - KY)

In 1968, the heirs of J. H. Northup, predecessors in interest to appellant Northup Properties, Inc. (“Northupâ€�), executed an oil-and-gas lease of 4,327 acres in Kentucky (the “Leaseâ€�) to United Fuel and Gas Company, the predecessor in interest to appellee Chesapeake Appalachia, L.L.C. (“Chesapeakeâ€�). For nearly forty years, no lessee—including Chesapeake—marketed either oil or gas ... More...   $0 (06-15-2009 - 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 is a diversity contracts case that examines the validity of a retention and severance agreement allegedly reached between an employer and employee. After a jury returned a verdict awarding Plaintiff Paul Whitewood $31,875, Whitewood appeals the district court’s October 6, 2006 judgment that granted partial summary judgment to Robert Bosch Tool Corporation (“Boschâ€�) and dismissed Whitewo... More...   $0 (03-24-2009 - KY)

Parkham Industrial Distributors, Inc. appeals the district court’s grant of summary judgment to The Cincinnati Insurance Co., Inc. (“CICâ€�) on Parkham’s claims that CIC breached the terms of its insurance contract and showed bad faith in refusing to defend and indemnify Parkham against a lawsuit brought by Solidification Products International, Inc. (“SPIâ€�). The district court held that... More...   $0 (03-26-2009 - KY)

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)

This is a “collateral estoppelâ€� 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)

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)

Appellants, Ally Cat, LLC, a/k/a KidzLife Pediatrics, and Dr. Stephanie Russell, appeal as a matter of right from an April 2008 order of the Court of Appeals denying them intermediate relief against an opinion and order by Appellee, Judge A.C . McKay Chauvin of the Jefferson Circuit Court. Appellee's order mandated that Appellants enter into an arbitration proceeding with the Real Parties in Inter... 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)

Decades after working on projects in various premises owners' buildings, an independent contractor's employee developed asbestosis, the cause of which the employee claimed arose from exposure to asbestos while working in the various buildings. Assuming that asbestos exposure occurred on the premises as the employee claimed, under what circumstances can the premises owners be held liable for the em... More...   $0 (01-25-2009 - KY)

All American Recycling sued Industrial Services of America on a breach of contract theory claiming that Defendant failed to refer small-time junk vendors to it per their agreement. The two had agreed in a contract that ISA would refer those who showed up to sell scrap-metal loads worth less than $200.... More...   $974201 (01-24-2009 - KY)

Martin Marietta Materials challenges the district court’s confirmation of an arbitration award in favor of the Bank of Oklahoma. We affirm.

I.

Martin Marietta leases and operates a quarry, known as the Three Rivers Quarry, which is held in trust and managed by the Bank of Oklahoma. One of the terms of the lease requires Martin Marietta to pay royalties on limestone removed from the... More...   $0 (12-17-2008 - 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)

Gregory McCord, an employee of the City of Louisville, sustained a serious injury on the job in 1987. The City was selfinsured up to a $250,000 retention limit for workers’ compensation liability, and carried an excess-liability policy from Old Republic Insurance Company. In a 1998 proceeding, an administrative law judge (“ALJâ€�)found that McCord was permanently Old Republic Insurance Co. v. ... More...   $0 (01-13-2009 - KY)

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)

Plaintiff Debra Vaughn appeals the district court’s grant of summary judgment in favor of her former employer, defendant Louisville Water Company (“LWCâ€�), on her claims of disparate treatment, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VIIâ€�), 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)

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)

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)

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)

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 presents the question of whether an arbitrator was arguably construing the collective bargaining agreement between Roll Coater, Inc. and Chauffeurs, Teamsters and Helpers Local Union No. 215 when he ordered the reinstatement of employee Stacy Westerfield. Roll Coater discharged Westerfield for cause under the CBA for allegedly drinking alcohol on the job and for taking prescription m... More...   $0 (02-05-2008 - KY)

The Section 8 voucher program is a voluntary program through which the federal government provides rent subsidies to eligible low-income families who rent from participating landlords. See 42 U.S.C. § 1437f(a). The Fair Housing Act, also known as Title VIII, bars discrimination "against any person in the terms, conditions, or privileges of sale or rental of a dwelling . . . because of race ... More...   $0 (11-26-2007 - KY)

Brewster worked for numerous employers at various locations during his... More...   $0 (08-26-2007 - KY)

A.R., by her next friends M.R. and W.R., and M.R. and W.R., on their own behalf (collectively "A.R."), have appealed from the order of the Fayette Circuit Court entered on July 22, 2004, which dismissed all claims against the appellees, the Fayette County Public Schools (FCPS), the Board of Education of Fayette County (the Board), Michael Brady, and Earl Stivers.3 Having concluded that the... More...   $0 (01-20-2007 - KY)

These appeals originate from rulings of the Laurel Circuit Court regarding a parcel of real property. Appellants, Terry and Nancy Malin, appeal the trial court's dismissal of their claims against Appellees/Cross-Appellants, Dewayne and Rhonda Jones; Appellees, David and Donna Travillian; and Appellee, Cumberland Valley National Bank. The Joneses appeal the dismissal of their claims agains... More...   $0 (01-20-2007 - KY)

These are consolidated appeals and cross-appeals from separate judgments of the Hardin Circuit Court confirming jury verdicts in two related trials. In all of these cases, the homeowners entered into contracts for the construction and purchase of purported four bedroom homes. However, the septic systems for these houses only met the building code standards for three bedroom homes. For the... More...   $1 (01-12-2007 - KY)

In 2002, Plaintiff Russell D. Conger filled out an on-line application and purchased a long-term care insurance policy under the Federal Long-Term Care Insurance Program ("FLTCIP"). When he sought to collect benefits, Metropolitan Life Insurance Company ("MetLife") refused to pay, voided the policy, and then sued for rescission and declaratory relief. Because we conclude that MetLife abus... More...   $0 (01-16-2007 - 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)

On November 3, 1999, Ross Brothers Construction ... More...   $0 (10-17-2006 - KY)

Harlon Barnett, individually, and as administrator of the estate of Steven Ray Barnett, sued Hamilton Mutual Insurance Co. and Caulk and Eastridge Insurance Co. on a bad faith breach of contract theory claiming that defendants wrongfully prevented him from pursuing an uninsured motorist benefit claim arising out of a head-on collision in 1995 in Steven RAy Barnett was killed. Matthew Colivi... More...   $700000 (10-03-2006 - KY)

Plaintiff R.M.D. Corporation (RMD) appeals the district court's dismissal of its claims against Caliber One Indemnity Company (Caliber One). RMD alleges that Caliber One wrongfully denied RMD's insurance claim to recover damages resulting from a fire at a restaurant which floated on a barge. The single issue on appeal is whether RMD's claim was precluded by a contract term that excluded cov... More...   $0 (09-14-2006 - KY)

Marcia Ashley sued James Akers on a negligence theory and State Farm Insurance Company on a breach of contract theory to recover for the injuries and damages that she claimed she sustained as a result of an automobile accident on September 24, 2002 when her car was rear-ended by a 1994 pickup driven by Akers. Ashley, age 54, claimed that she sustained neck and shoulder injuries that... More...   $700000 (07-29-2006 - KY)

Defendants denied that any promises were made to Plaintiff. ... More...   $0 (03-31-2006 - KY)