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)

The sole issue raised in this rehearing en banc is whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), creates a cause of action for third-party retaliation for persons who have not personally engaged in protected activity. After applying the plain and unambiguous statutory text, we join the Third, Fifth, and Eighth Circuit Courts of Appeal in holding that the ... More...   $0 (06-06-2009 - KY)

Plaintiff, Krowtoh II, LLC, filed suit against Frank Schwarzenau, ExCelsius International GmbH (“ExCelsius GmbH”), and ExCelsius International Ltd. (“ExCelsius Ltd.”), 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 § 301” 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 (“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)

This is a section 1983 suit brought by parents of a child with autism against his school and the school employees charged with the his care. The child, A.P., wandered out of gym class and was found several hours later, unclothed and covered in mud. The suit alleges that the school had an affirmative duty to protect the child from harm and that its failure to do so violated the child’s due proces... More...   $0 (05-22-2009 - KY)

Plaintiff-Appellant Linda Wolfanger sued Defendants-Appellees alleging use of excessive force and failure to properly train officers in violation of 42 U.S.C. § 1983, a violation of the Americans with Disabilities Act (“ADA”), and various state law claims. On a motion by Defendants, the district court granted summary judgment on all federal claims and dismissed the state law claims without pr... More...   $0 (01-21-2009 - 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 Members”) in their individual and official capacities, alleging, inter alia, that... More...   $0 (02-02-2009 - KY)

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)

Plaintiff–Appellant James Whitehead (“Whitehead”) appeals the district court’s grant of summary judgment in favor of Defendant Pioneer Valley Police Officer Neil Bowen (“Bowen”) in this action brought under 42 U.S.C. § 1983 and state law seeking damages for Bowen’s alleged use of excessive force in the course of an arrest.

Whitehead appeals as well the court’s denial of his... More...   $0 (11-18-2008 - KY)

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)

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)

Kenneth Corder, Sr., brought this action against Ford Motor Company on behalf of himself and others similarly situated seeking damages under the Kentucky Consumer Protection Act (“KCPA”), Ky. Rev. Stat. Ann. § 367.100 et seq., restitution and other equitable and declaratory relief. Corder alleges that in May 2004 he purchased a Model Year 2004 F-250 Ford F-Series Super Duty Truck with a 6.0L ... More...   $0 (07-16-2008 - 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)

Officer John Cook handcuffed Simon after ... More...   $0 (01-30-2008 - 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)

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 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)

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)

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)

The Appellees in this case brought five separate counts against the Appellant teachers and administrators of a Kentucky high school. Among these were a claim under 42 U .S .C .A. §1983 for violation of their right to be free from unreasonable searches under the Fourth Amendment of the United States Constitution, a claim under §2 of the Kentucky Constitution for deprivation of due process... More...   $0 (06-04-2005 - 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 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)

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)

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)

The use of highly compensated, learned professionals as expert witnesses in complex litigation has become axiomatic. Many cases become reduced to a "battle of experts" and parties who enter the fray understand from the outset that the qualifications and testimonial persuasiveness of their experts will be indicative of the outcome.' As such, desirable persons willing to serve as expert witnesse... More...   $0 (08-22-2002 - 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)

Gary Wade Puckett sued David Kaplan for legal malpractice in connection with Kaplan’s representation of Puckett in a criminal case. Kaplan joined two prosecutors and a Kentucky State Police chemist as third-party defendants. The trial court found that the third-party defendants were immune from suit and that Kaplan was not entitled to indemnity, contribution, or apportionment from the th... More...   $0 (11-21-2001 - 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)

Mulhall is a Jefferson County, Kentucky, police officer. He was assigned to the Louisville Fugitive Task Force ("LFTF"), from March 14, 1994 to March 15, 1995. The LFTF is a joint effort of the FBI, U.S. Marshals Service, the Louisville Police Department, and the Jefferson County Police Department ("JCPD"). The JCPD's decision to remove Mulhall from the LFTF and reassign him, effective March 16, 1... More...   $0 (04-23-2002 - 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)

Plaintiff Dr. Carol Ward, a chiropractor practicing in Kentucky, brings this action against defendants Alternative Health Delivery Systems, an HMO operating in Kentucky, and Physicians Consultant & Management Corp., which manages specialty care for Alternative Health Delivery Systems and other health benefit plans. Plaintiff was a participant in a network of medical care providers managed by Physi... More...   $0 (08-22-2001 - 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)

This wrongful death case was brought by the administratrix of a police informant who was murdered by a person against whom he had informed after his identity had been disclosed by law enforcement officials. The issue before this Court is whether the officials had a statutory or common law duty to tell the informant that his identity had been revealed to defense counsel so that he could protect h... More...   $0 (06-14-2001 - KY)

This wrongful death case was brought by the administratrix of a police informant who was murdered by a person against whom he had informed after his identity had been disclosed by law enforcement officials. The issue before this Court is whether the officials had a statutory or common law duty to tell the informant that his identity had been revealed to defense counsel so that he could protect... More...   $0 (06-14-2001 - KY)

Automobile Accident - While stopped at a red light, an automobile operated by Christopher Reid and occupied by Heather Alvey was struck in the rear by an automobile operated by James Logsdon. The collision pushed Reid's vehicle forward, causing it to collide with a third vehicle which was also stopped at the red light. Reid and Alvey both were injured as a result of the collision and bro... More...   $51000 (09-04-1999 - KY)