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)

Attorney General Jack Conway today announced that a Franklin Circuit Court jury has handed down a $14.7 million verdict against global pharmaceutical giant AstraZeneca for defrauding the Medicaid program and Kentucky consumers by inflating the prices of their prescription drugs.

The Kentucky Medicaid program relies on published average wholesale prices (AWPs) to calculate Medicaid drug-... More...   $14700000 (10-16-2009 - 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)

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)

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 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)

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)

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)

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)

Plaintiff-Appellant Aletha Wills ("Wills") filed suit in federal court against Defendant-Appellee Pennyrile Rural Electric Cooperative Corporation ("Pennyrile") alleging employment discrimination based on race in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e-2, and the Kentucky Civil Rights Act, KRS § 344.040. The district court granted summary judgment in favor of ... More...   $0 (01-09-2008 - 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)

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)

Terry L. Williams sued CSX transportation corporation on a negligence theory claiming that he suffered permanent brain damage as a direct result fo being exposed to cleaning solvent at work in Louisville and Corbin, Kentucky. He claimed that he was but one of hundreds of the L&N railroad company, now owned by CSX, who were regularly exposed to the solvent which was know to cause bri... More...   $1800000 (09-15-2006 - KY)

Employment discrimination claims pursuant to 42 U.S.C. 2000e by two black former Kentucky Lottery Corporation employees who claimed that they were discriminated against because of their race and retaliated against for complaining of the discrimination. Ursella Riles claimed that she was told by co-workers that they did not want blacks working in their department. She quit after 9 years of emp... More...   $2800000 (02-17-2004 - KY)

At issue in this case are the duties of disinterest and disclosure of an examiner appointed to facilitate a reorganization under Chapter 11 of the Bankruptcy Code. The issues arise from the appointment of J. Baxter Schilling to serve as the examiner in the reorganization of Big Rivers Electric Corporation, which was unable to meet obligations on $1.2 billion in debt and whose September 1996 bankru... More...   $0 (01-19-2004 - 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)

In this diversity action premised on Kentucky law, Defendant Vakisha Hammond appeals the November 26, 2001, order of the district court granting summary judgment in favor of Plaintiff Motorists Mutual Insurance Company ("Motorists Mutual"), declaring that she, as mother and legal guardian of Vaniqua Hammond, is not entitled to recover any amount from Motorists Mutual pursuant to its automobil... 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)

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)

Soon after his birth on July 23, 1999, it became apparent that Zachary Benham had suffered brain damage. On Zachary's behalf, his parents, Angel1 and Kevin Benham, sued first the doctor who performed the delivery and later the hospital, Norton Hospital in Louisville, where the delivery took place. The Benhams alleged that the doctor had misused a device, a vacuum extractor, that had caused... More...   $3000000 (05-03-2003 - KY)

      In this bankruptcy appeal, we are asked to review the bankruptcy court's calculation of the appropriate interest rate to be applied in a "cram down" provision in the debtors' Chapter 13 plan. The decision requires interpretation of language in the controlling case of Memphis Bank & Trust Co. v. Whitman, 692 F.2d 427 (6th Cir. 1982). There we adopted what has since become known as the "coerc... More...   $0 (01-08-2003 - KY)

On December 4, 1998, defendant-appellant, Don Hamlin, then the Co-Chief of Police for the City of Williamsburg, Kentucky (the "City"), arrested plaintiffs-appellees, Torre S. Crockett and DuShon L. Greene, both students at Cumberland College, for complicity in the rape of another Cumberland College student. Following their arrest, Crockett and Greene were detained in jail for ten days. Although th... More...   $0 (01-13-2003 - KY)

Defamation and wrongful termination claims by husband and wife who were fired after being accused of forgery by the Kentucky Lottery Corporation. The plaintiffs claimed that they were authorized to use the credit card and that they used it for business purposes only.... More...   $4352316 (12-18-2002 - KY)

The plaintiffs in this appeal are Gary K. Best and William J. Londrigan, the trustees of an employee pension plan; Dewey C. Parker, Jr., a participant in the plan; and the plan itself. The plaintiffs appeal the district court's grant of summary judgment dismissing their claims against the defendant, Ronald R. Cyrus, for breach of his fiduciary duties under the Employee Retirement Income Security A... More...   $0 (11-20-2002 - KY)

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)

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)

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)

... More...   $0 (01-11-2002 - KY)

Kellena Cornist and David Jones appeal the judgment of the district court granting B.J.T. Auto Sales, Inc. summary judgment on all claims. Cornist's federal claims arise under the Truth in Lending Act, 15 U.S.C. § 1601 et seq. Cornist alleges that BJT charged prices and fees to credit customers that were lower or non-existent for cash customers without disclosing the items as "finance charges." Ad... More...   $0 (11-15-2001 - KY)

UnknownPlaintiffs are seven health maintenance organizations (HMOs) licensed under the laws of Kentucky, and the Kentucky Association of Health Plans, Inc., a non-profit association organized to promote the business interest of its HMO members (hereinafter referred to as "plaintiffs"). Plaintiffs filed this action against George Nichols III ("defendant"), in his official capacity as Commissioner o... More...   $0 (09-07-2000 - KY)

Albert Thompson filed a class-action complaint in the district court pursuant to 42 U.S.C. § 1983 naming as defendants the Knoxville Community Development Corporation, a public housing authority, and Fred O. DeBruhl, its Executive Director ("KCDC"); and the City of Knoxville, Victor Ashe, the City's mayor, and Phil Keith, the chief of police ("City defendants"). The complaint designated as members... More...   $0 (05-14-2001 - KY)

Diversity of Citizenship - Breach of Contract and Fraud - Corporex Corporation claimed that RJ Mortgage Acceptance Corporation and/or Raymond James Associates, Inc., breached its contract and/or defrauded Corporex in 1994 when it failed to provide $18 million in interim financing under a conditional letter of intent. ... More...   $40000000 (03-31-2000 - KY)

Arthur Wright and A. D. Wright (the Wrights) were sole shareholders of two family-owned corporations: Wright Businesses, Inc. (WBI), and Kentucky Data Link, Inc. (KDL). The entities were engaged in the telecommunication business. WBI and KDL were in default on a loan agreement with Communications Credit Corporation. It appears, however, that the Wrights were not exposed to personal liability there... More...   $1854000 (01-08-1999 - KY)

Arthur Wright and A. D. Wright (the Wrights) were sole shareholders of two family-owned corporations: Wright Businesses, Inc. (WBI), and Kentucky Data Link, Inc. (KDL). The entities were engaged in the telecommunication business. WBI and KDL were in default on a loan agreement with Communications Credit Corporation. It appears, however, that the Wrights were not exposed to personal lia... More...   $1854000 (03-27-1997 - KY)

Products liability - Francis Dircksen and Ann Dircksen filed a products liability action against several defendants, including Owens-Corning Fiberglass Corporation, seeking compensatory and punitive damages. In their complaint, the Dircksens alleged that Francis sustained personal injuries as a result of occupational exposure to asbestos-containing products manufactured by the several ... More...   $0 (12-12-1997 - KY)

Testimony at trial established that Hillard was employed by CF as a local deliveryman. Brewer was employed by CF as dispatcher/supervisor on the evening shift, which b... More...   $75000 (08-13-1999 - KY)