David Kramer
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Kentucky Appellate Courts May Affirm a Judgment on Any Grounds Supported by the Record
It is a well-known rule among Kentucky appellate litigators that “an appellate court may affirm a trial court for reasons other than those relied on…
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May a Treating Physician Be Compelled to Give Expert Opinion Testimony in Kentucky?
The issue sometimes arises in Kentucky medical negligence cases whether a treating physician who is giving a deposition may be compelled to answer questions that…
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Has Kentucky Adopted Heightened Federal Pleading Standards? (Arguably yes.)
Modern federal jurisprudence governing the required standard for stating a cause of action in a complaint has imposed a higher pleading burden on a plaintiff…
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COAKY Holds Medical Evidence of Severe Emotional Injury Is Needed to Support IIED/Outrage Claim, Not Just NIED Claim
In Forcht v. Forcht Bank, N.A., , 2013-CA-1433 (6/23/17), the Kentucky Court of Appeals in a decision by Judge Nickell (joined by Chief Judge Kramer and…
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SCOKY Issues Important Guidance on Motions for New Trials, Admonitions to Juries, and Misconduct by a Party or Counsel
In Jefferson v. Eggemeyer (2015-SC-625, rendered April 27, 2017), the Kentucky Supreme Court’s Justice Keller considered the circumstances under which it is appropriate for an…
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SCOKY Decision Discusses Applicability of Witness Rule to Experts
In McAbee v. Chapman, 504 S.W.3d 18 (Ky. 2016), the Kentucky Supreme Court in an opinion by Justice Lisabeth Hughes considered at length the applicability…
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Divided COAKY Panel Reduces Punitive Damage Award in Economic Damages Case to 1:1 Ratio to Compensatory Damages
In a recent 2-1 decision, the Kentucky Court of Appeals reduced a massive punitive damages award (four times the substantial compensatory damages awarded) in a…
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COAKY Reverses Summary Judgment in Favor of Landlord Based on Open and Obvious Hazard Doctrine
Rental property owners and lawyers who advise them should be aware of a recent decision of the Kentucky Court of Appeals sending a tenant’s claim…
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Recent SCOKY Decision Discusses Applicability of Negligence Per Se Statute to Violation of Administrative Regulation
In McCarty v. Covol Fuels No. 2, LLC, 476 S.W. 3d 224 (Ky. 2015), the Kentucky Supreme Court discussed at length the applicability of Kentucky’s…
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