Litigation & Dispute Resolution
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SCOKY Amends eFiling Rules Effective August 1, 2018 (Part 1 of 2)
In Order 2018-11 (issued June 21, 2018, effective August 1, 2018), the Kentucky Supreme Court amended the Kentucky Administrative Rules of Practice and Procedure for…
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KY Reverses Ruling in 24 Million Turf Battle; DBL Law Attorneys Mark Guilfoyle, Matt Klein and David Dirr Represent St. Elizabeth Healthcare
KY Reverses Ruling in 24 Million Turf Battle; DBL Law Attorneys Mark Guilfoyle, Matt Klein and David Dirr Represent St. Elizabeth Healthcare. Cincinnati Business Courier…
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Can a corporate designee be compelled to answer questions outside the scope of the deposition notice?
There are no published cases in Kentucky addressing whether a corporate representative must testify on subjects outside of those identified in a Rule 30.02(6) notice…
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Service by eFiling
Lawyers who continue to serve paper copies by regular mail of documents that are eFiled or electronically served are simply wasting money and staff time.…
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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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