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Florence, Kentucky employment law attorney represented Plaintiff, who sued his employer for wrongful termination for being fired for refusing to fly into potentially bad weather. |
Kenneth Bisig v. Time Warner Cable, Inc. |
This case is about promises made, promises broken, and disclaimers signed. And it is a reminder that not every broken promise occasions a legal remedy. Plaintiffs1 sued Time Warner after it allegedly failed to make good on oral promises of continued employment and bette... More... $0 (10-08-2019 - KY) |
Amy Jo Hicks v. John Lee Perkins v. Commissioners of Social Security
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When individuals in this country are unable to work because of physical or mental disabilities, they may file for Social Security Disability Insurance (“SSDI”) and Supplemental Security Income (“SSI”) benefits. The eleven plaintiffs here all filed for these benefits, and they all eventually received them. The trouble, however, is that they were represented in their efforts by Eric Conn, a Kentucky... More... $0 (11-26-2018 - KY) |
Elizabeth A. Clemons v. Norton Healthcare, Inc.
Western District of Kentucky Federal Courthouse - Louisville, Kentucky |
This appeal is the latest installment in an ERISA litigation |
United States of America v. Deric Lostutter |
Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents |
Dionte Tyler v. DH Capital Management, Inc. |
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an |
Dionte Tyler v. DH Capital Management, Inc. |
Dionte Tyler brought this action under the Fair Debt Collection Practices Act (FDCPA) and Kentucky’s usury laws, alleging that the debtcollection action instituted by DH Capital Management (DHC) sought to collect an |
Dionte Tyler v. DH Capital Management, Inc. |
Dionte Tyler brought this action under the Fair Debt |
Guillermo Herrera v. Churchill McGee, LLC |
Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission... More... $0 (05-16-2012 - KY) |
Mary Anne Land v. Norton Healthcare, Inc. |
Plaintiff-Appellant, Mary Anne Laird (“Laird”) appeals the district court’s granting of summary judgment in favor of Defendants-Appellees Norton Healthcare (“Norton”), Hartford-Comprehensive Employee Benefits Services Company (“Hartford- CEBSCO”), and Hartford Life and Accident Insurance Company (“Hartford Life”) (collectively, “Defendants”). For the following reasons, we AFF... More... $0 (10-06-2011 - KY) |
Janice F. Curry v. Eaton Corporation and Broadspire Services, Inc. |
In this consolidated appeal, Janice F. Curry (“Curry”) appeals from two orders of the district court: one granting summary judgment to Eaton Corporation and Broadspire Services, Inc. (“Eaton” and “Broadspire,” respectively) in her ERISA denial-of-benefits claim, and one denying her subsequent Motion to Alter, Amend, or Vacate that summary judgment order. The appellees have appealed the... More... $0 (09-20-2010 - KY) |
William Harris Asher, et al. v. Rack Conveyor Installions, Inc., et al. |
In this diversity action, plaintiffs, who are past and present Wal-Mart employees and their spouses, sued defendant Unarco Material Handling, Inc. (“Unarco”), and its subcontractor, defendant Atlas Material Handling, Inc. (“Atlas”), alleging injuries caused by exposure to carbon monoxide gas in the enclosed freezer section of a Wal-Mart Distribution Center during a two-week period in Novem... More... $0 (05-03-2010 - KY) |
Fluke Corporation v. Gary Lemaster |
We accepted discretionary review in this products liability case to resolve whether the Court of Appeals properly adopted foreign authority and correctly held that equitable estoppel barred the product manufacturer's statute of limitations defense because the manufacturer allegedly concealed product defects from government regulatory agencies. We also address whether the holding of the Court of Ap... More... $0 (03-18-2010 - KY) |
The Cincinnati Insurance Company, v. Beazer Homes Investments, LLC et al. |
The Cincinnati Insurance Company (CIC) sued Beazer Homes Investments, LLC in a declaratory-judgment action to establish that CIC was not obligated to cover the costs that Beazer incurred in repairing water damage to several houses that Beazer had built as the general contractor. |
Tim Emberton v. GMRI Inc. f/k/a General Mills Restaurants, Inc. (D/B/A Red Lobster Restaurant #349), et al. |
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) |
James T. Marr, Jr. v. Commonwealth Land Title Insurance Company |
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) |
Cincinnati Insurance Company v. George Hofmeister and Kay Hofmeister |
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) |
Claude L. Bassett v. The National Collegiate Athletic Association and University of Kentucky Athletic Association |
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) |
Joe Shane v. Bunzl Distribution USA, Inc. |
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) |
LSI Industries, Inc. v. Imagepoint, Inc. |
ImagePoint, Inc. ("ImagePoint") and Marketing Displays, Inc. ("MDI") appeal from a final decision of the United States District Court for the Eastern District of Kentucky (Bertelsman, J.), LSI Indus., Inc. v. ImagePoint, Inc., No. 00-CV-197 (E.D. Ky. Mar. 21, 2007) ("Summary Judgment Order"). That order granted summary judgment of non-infringement to LSI Industries, Inc. ("LSI") and Keyser Industr... More... $0 (03-19-2008 - KY) |
Thomas E. Koenigstein v. Michael McKee, et al. |
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) |
Pacific Employers Insurance Company, et al. v. Sav-a-Lot of Winchester, et al. |
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 L. Higgason, M.D., v. Robert F. Stephens, et al. |
Plaintiff, Gary L. Higgason, M.D., appeals from the district court's judgment entered on May 18, 2000, dismissing Plaintiff's civil rights action filed pursuant to 42 U.S.C. § 1983 against Defendants, Robert F. Stephens, in his official capacity as Secretary of Justice Cabinet, Commonwealth of Kentucky and as acting Commissioner of the Kentucky State Police; Gary Rose, individually; Dennis Benning... More... $0 (05-01-2002 - KY) |
Appolo Fuels, Inc. v. Bruce Babbitt |
. The plaintiff, Appolo Fuels, Inc., appeals the district court's judgment upholding the decision of the Interior Board of Land Appeals that Appolo violated federal regulations requiring the elimination of "highwalls" (described in the record as "cliff-like" rock walls) at its surface coal-mining site in Kentucky. Appolo maintains that it had initially backfilled the site properly and that the sub... More... $0 (10-24-2001 - KY) |
John Rickert v. United Parcel Service |
In 1987, United Parcel Service Company and United Parcel Service of America, Inc., hereinafter referred to as "UPS", decided to change its parcel delivery business by establishing its own airline. The transition from contract air cargo carriers to an internal air transport system was not completed until the end of 1988. UPS ultimately hired 811 pilots. During the transition, UPS expres... More... $2746516 (04-22-1999 - KY) |