Justia Kentucky Supreme Court Opinion Summaries

Paul R. Plante, Jr. brought a shareholder derivative suit against Appellants, directors of Arthrodynamic Technologies Animal Health Division, Inc. (ADT), alleging that Appellants had violated various provisions of ADT’s shareholder agreement with respect to sales of stock. The law firm Miller, Griffin & Marks, PSC (MGM) was retained to represent Appellants. Plante moved to disqualify MGM as the counsel for Appellants, alleging that MGM’s participation in the action created a conflict of interest or at least an appearance of impropriety due to MGM’s representation of two Appellants in another suit and its representation of the board of directors, which included Plante, in giving advice on other litigation. The trial court concluded that disqualification of MGM was required based on the appearance of impropriety. Appellants subsequently sought a writ of prohibition to bar enforcement of the trial court’s order. The Court of Appeals denied the writ because Appellants had not shown irreparable injury. The Supreme Court reversed, holding (1) the trial court applied a disqualification standard that is no longer appropriate under the Rules of Professional Conduct; and (2) the trial court’s factual findings were insufficient to allow disqualification under the proper standard of a showing of actual conflict. View "Marcum v. Hon. Ernesto Scorsone" on Justia Law

On April 24, 2008, Defendant ran a stop sign and struck Plaintiff’s vehicle, causing significant physical injuries. Plaintiff received basic reparations/personal injury protection benefits (PIP) from her insurer, Cincinnati Insurance Company (CIC). On September 21, 2011, Plaintiff filed her complaint. The circuit court dismissed Plaintiff’s claims with prejudice. At issue on appeal was when the last payment was made by the CIC. The CIC issued a check to a physical therapist on March 17, 2009 that was either received or lost and then issued a replacement check on September 25, 2009. The Court of Appeals affirmed the circuit court, concluding that a replacement check does not constitute making payment. The Supreme Court reversed, holding that the September 2009 check was the last “payment” of PIP. Remanded. View "Beaumont v. Zeru" on Justia Law

The home of Keith Conley was insured through an insurance policy issued by Kentucky Farm Bureau Mutual Insurance Company. Conley’s son fatally murdered his girlfriend, Jessica Newsome, in Conley’s home. Gregory and Loretta Newsome brought a wrongful death action against Conley for damages arising from Jessica’s death. Kentucky Farm Bureau provided a defense to Conley for the Newsomes’ claims against him and intervened in the action seeking a declaration that the policy did not provide coverage to Conley for the claims arising from Jessica’s murder. The trial court ruled that the homeowner’s policy provided coverage for Conley’s acts. Kentucky Farm Bureau subsequently filed a Ky. R. Civ. P. 59.05 motion asking the court to alter or amend its order. The trial court denied the motion. Kentucky Farm Bureau then filed a notice of appeal. The Court of Appeals dismissed the appeal, concluding that the Rule 59.05 motion was deficient due to a lack of “particularity” and therefore failed to toll the time for filing a notice of appeal. The Supreme Court reversed, holding that, although Kentucky Farm Bureau’s Rule 59.05 motion did not strictly adhere to the particularity requirement of Ky. R. Civ. P. 7.02, the defect was not so serious that it should have been stricken. View "Ky. Farm Bureau Ins. Co. v. Conley" on Justia Law

Plaintiffs, a group of Daymar College students, filed a lawsuit against Daymar, challenging the college’s admissions process as both procedurally and substantively unconscionable. Specifically, Plaintiffs challenged the incorporation of an arbitration provision on the reverse side of the Student Enrollment Agreement, claiming they were unaware of the arbitration provision’s existence, let alone its meaning. The trial court refused to compel arbitration, concluding that the arbitration agreement was both procedurally and substantively unconscionable. The Court of Appeals reversed. The Supreme Court reversed, holding that Daymar’s attempted incorporation was unsuccessful, and therefore, Plaintiffs were not bound by the arbitration provision on the reverse side of the Agreement. View "Dixon v. Daymar Colleges Group, LLC" on Justia Law

Defendant was arrested and taken into custody as a suspect for the murder of his mother. The circuit court halted the allegedly improper questioning of Defendant until Defendant was allowed access to a public defender. Defendant’s father obtained the order from the circuit judge, ex parte, purportedly under the authority of Ky. R. Crim. P. 2.14(2). The Court of Appeals affirmed the circuit court’s issuance of the order. The Supreme Court reversed, holding (1) Rule 2.14(2) does not provide the trial court with authority to appoint counsel and intercede in the interrogation of an individual in custody before commencement of prosecution where, as a general matter, courts are not vested with general jurisdiction over a criminal matter until the criminal matter becomes a criminal case upon commencement of prosecution; and (2) a motion to suppress is the appropriate means to attack an allegedly improper interrogation resulting from the denial of access to counsel. View "Commonwealth v. Terrell" on Justia Law

Dr. Mosen Khani, the owner and operator of Alliance Chiropractic, LLC (Alliance), filed an application for resolution of injury claim alleging that he suffered injuries while he was moving or assisting patients. Kentucky Employers’ Mutual Insurance (KEMI), which provided workers’ compensation insurance to Alliance, provided a defense on behalf of Alliance and presented a separate defense in its own name. Both KEMI and Alliance contested Dr. Khani’s claim, arguing that his conditions were preexisting and unrelated to the alleged work injuries. An administrative law judge (ALJ) found that Dr. Khani had not suffered a work-related injury and dismissed his claim. The Board affirmed. The Court of Appeals affirmed the Board, concluding that there was sufficient evidence to support the ALJ’s finding that Dr. Khani had not suffered a work-related injury. The Supreme Court affirmed, holding (1) the ALJ’s determination to treat Dr. Khani as a lay rather than an expert witness was not erroneous; (2) the ALJ’s finding that Dr. Khani had not suffered a work-related injury was supported by substantial evidence; and (3) there was no error in the ALJ’s failure to award temporary benefits. View "Khani v. Alliance Chiropractic" on Justia Law

After a jury trial, Appellant was found guilty of fleeing and evading in the second-degree, being a felon in possession of a handgun, and being a persistent felony offender in the first-degree. The Supreme Court affirmed, holding that the trial court (1) did not err by denying Appellant’s motion to suppress evidence found incident to a Terry stop; (2) abused its discretion by imposing limitations upon Appellant’s hybrid counsel arrangement, but the error was harmless; (3) did not err by admitting evidence of other crimes; (4) did not err by permitting the Commonwealth to refer to Appellant’s his post-arrest silence; (5) properly denied Appellant’s motions for a continuance; and (6) did not err by imposing court costs. View "Nunn v. Commonwealth" on Justia Law

Kentucky Spirit Health Care Plan, Inc. brought a declaratory judgment action seeking a ruling that it had a right to terminate its Medicaid managed care contract with the Commonwealth of Kentucky, Finance and Administration Cabinet, without penalty, prior to the contract’s expiration. The circuit court granted partial summary judgment for the Cabinet. Both parties appealed. While the appeals were pending, the circuit court stayed Kentucky’s Spirit’s discovery efforts until the resolution of the appeals. Kentucky Spirit petitioned for a writ prohibiting the circuit court judge from enforcing the order imposing the stay of discovery. The court of appeals granted the writ, determining that the trial court’s suspension of discovery amounted to an indefinite stay on discovery without a pressing need to do so. The Supreme Court vacated the writ and remanded for entry of an order denying Kentucky Spirit’s petition for a writ of prohibition, holding that the circuit court did not abuse its discretion by temporarily staying discovery pending the resolution of matters in the appellate courts pertaining to the partial summary judgment. View "Commonwealth v. Hon. Thomas D. Wingate" on Justia Law

Billy Jo Ries gave birth to a daughter who, due to the loss of approximately one-third of her blood during delivery, suffered multiple organ failure and brain damage. The Rieses filed suit against the hospital, the physician who delivered their daughter, and the neonatologist who treated their daughter after her birth, alleging medical negligence. The jury rendered a verdict in favor of the defendants. The court of appeals reversed, concluding that the trial court erred in admitting into evidence testimony from an expert that was not scientifically reliable under the Daubert standard. The physician appealed, arguing that the court of appeals impermissibly substituted its findings for the trial court’s findings regarding the reliability of the expert testimony and erroneously determined that the error required reversal. The Supreme Court reversed, holding that the trial court did not err in admitting the expert testimony, and if there was error, it was harmless. View "Oliphant v. Ries" on Justia Law

After a jury trial, Defendant was convicted of murder and first-degree arson. The trial court sentenced Defendant to life imprisonment for each conviction, to be served concurrently. Before trial, the Commonwealth used seven if its nine peremptory challenges to remove women from the venire. Defendant made a Batson motion challenging the Commonwealth’s use of its peremptory challenges. The trial court concluded that the Commonwealth’s proffered rationales were gender neutral and nonpretextual. The Supreme Court reversed Defendant’s convictions, holding that the trial court abused its discretion in denying Defendant’s Batson challenge and impermissibly allowed the Commonwealth to use its peremptory challenges to dismiss female jurors on the basis of gender. View "Ross v. Commonwealth" on Justia Law