David Kramer
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COAKY Approves of Equitable Award of Attorney’s Fees in Punitive Damages Case; Lists Criteria for Trial Court to Consider
The Kentucky Court of Appeals held in a December 2015 decision that a trial court may make an equitable award of attorney’s fees in a…
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COAKY Holds Trial Court Jumped the Gun in Granting DV After Plaintiff’s Opening Statement
In an opinion (https://opinions.kycourts.net/coa/2014-CA-001050.pdf) issued in late July, the Kentucky Court of Appeals reversed a trial court’s grant of the defendant’s motion for directed verdict…
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COAKY Affirms Summary Judgment for Property Owner Under “Open and Obvious Hazard” Doctrine; SCOKY Denies Review
In a closely watched premises liability case, the Kentucky Supreme Court recently denied review of and approved for publication an opinion of the Kentucky Court…
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Overruling prior COAKY authority, SCOKY holds appellate substantial-compliance rule applies to post-judgment motions
The Kentucky Supreme Court recently held that a CR 59.05 motion to alter, amend or vacate a judgment that fails to state any grounds, in…
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SCOKY Reverses Verdict for Gender-based Batson Violation; Courts Split on Whether Batson Applies to Sexual Orientation
In a recent criminal case that has application in civil actions, the Kentucky Supreme Court reversed a murder and arson conviction due to the prosecutor’s…
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Plaintiff’s Attempt to Reserve Claims against Non-settling Dram Shop Defendant Felled by Circuity of Action
In Butt v. Independence Venture Club, Ltd., 453 S.W.3d 189 (Ky. App. 2014), the Kentucky Court of Appeals held that the plaintiff’s entry into a…
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