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Supreme Court of Kentucky to hear arguments Nov. 13 in Frankfort and Nov. 14 in Highland Heights

Wednesday, 11 06, 2013

Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov

Supreme Court Justices
The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Daniel J. Venters, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Michelle M. Keller.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday, Nov. 13, in Frankfort and Thursday, Nov. 14, in Highland Heights to hear oral arguments in cases that originated in Campbell, Fayette, Green, Jefferson and Powell counties. Proceedings are open to the public. Arguments will take place on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort and in Ballroom 107 A of the Vortruba Student Union at Northern Kentucky University in Highland Heights. The student union is located on Kenton Drive.

The justices will travel to Highland Heights to hear oral arguments in a continuing effort to increase public understanding and awareness of the court’s function and of the legal matters that come before it.

The public may also observe oral arguments on Nov. 13 via the Supreme Court live stream on the Kentucky Court of Justice website and on Nov. 14 via a live stream through Northern Kentucky University Salmon P. Chase College of Law. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, NOV. 13, 2013
FRANKFORT

9 AM EST
2012-SC-721-DGE
COFFEY, ET AL. V. WETHINGTON

View Case Briefs (PDF - 71.06KB)

Summary: “Child Custody. Standing. KRS 403.822. Issues involve whether relatives, having procured an emergency custody order upon the death of the mother and “primary residential custodian” of teenaged twins, have standing under KRS 403.822(1)(b) to be considered within the KRS 403.800(13) definition of “person acting as a parent” in custody litigation against the biological father who had joint custody but had not seen the children for over a year.”

Discretionary Review granted 3-13-2013
Green Circuit Court, Judge Janet P. Coleman

Attorney for Appellants: James Lee Avritt, Jr.
Attorney for Appellee: Elmer J. George

Note: Justice Keller is recused.


10 AM EST
2012-SC-462-DG
MV TRANSPORTATION, INC. V. ALLGEIER, ETC.

View Case Briefs (PDF - 71.06KB)

Summary: “Tort Law. Punitive Damages. Respondeat Superior. Issues include whether an employer’s admission of respondeat superior liability requires dismissal of other theories of secondary liability, like negligent hiring; whether a claim for negligent hiring can be based on evidence of an employee-tortfeasor’s past alcoholism, addiction, or mental health treatment when there is no evidence the accident was causally related to those factors; and whether an employer may be found to have ratified or authorized an employee’s conduct for purposes of KRS 411.184(3) based on post-incident investigation policies.”

Discretionary Review granted 5-15-2013
Jefferson Circuit Court, Judge Mary M. Shaw

Attorneys for Appellant: Gene Frederick Zipperle, Jr., Griffin Terry Sumner, and Jason Patrick Renzelmann
Attorneys for Appellee: Bryan Todd Thompson, Scott Coleman Cox, Millicent Ann Tanner, Brian Scott Brownfield, and Chad Owens Propst


11 AM EST
2012-SC-651-DG
CHARLES T. CREECH, INC. V. BROWN, ET AL.

2012-SC-693-DG
BROWN, ET AL. V. CHARLES T. CREECH, INC.

View Case Briefs (PDF - 71.06KB)

Summary: “Employment Relations. Noncompetition Agreement. Issues include whether the “blue pencil” rule was applied appropriately to add a geographical limitation to the noncompetition clause and whether continuing employment was sufficient consideration for the noncompetition agreement.”

Discretionary Review granted 4-17-2013
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorneys for Charles T. Creech, Inc.: Don Arlie Pisacano, Carroll Morris, Redford III, and Elizabeth C. Woodford
Attorneys for Brown: Jon Allen Woodall, Brendan Reynolds Yates, and Ryan Colleen Daugherty
Attorneys for Standlee Hay Co., Inc.: David R. Irvin and James M. Mooney
 

THURSDAY, NOV. 14, 2013
NORTHERN KENTUCKY UNIVERSITY

9 AM EST
2012-SC-621-DG
VIRGIN MOBILE U.S.A, L.P. V. COMMONWEALTH OF KENTUCKY ON BEHALF OF COMMERCIAL MOBILE RADIO SERVICE TELECOMMUNICATIONS BOARD

2012-SC-626-DG
COMMONWEALTH OF KENTUCKY ON BEHALF OF COMMERCIAL MOBILE RADIO SERVICE TELECOMMUNICATIONS BOARD V. VIRGIN MOBILE U.S.A., L.P.

View Case Briefs (PDF - 71.06KB)

Summary: “Tax. Statutory Construction. Attorney’s Fees. KRS 65.7635. Issues include the proper application of Kentucky’s tax on pre-paid wireless telecommunication services and whether an award of attorney’s fees was improperly reversed.”

Discretionary Review granted 5-15-2013
Jefferson Circuit Court, Judge James M. Shake

Attorneys for Virgin Mobile: Douglas Frank Brent, Timothy Joseph Eifler, Mark Terrell Hurst, and Charles W. Schwartz
Attorneys for Commonwealth of Ky.: Jonathan Goldberg, Jan Michele West, and Jennifer Kaelin Luhrs


10 AM EST
2013-SC-196-DGE
MORGAN V. GETTER, ET AL.

View Case Briefs (PDF - 71.06KB)

Summary: “Family Law. Child Custody. Guardian Ad Litem. Issue is whether a guardian ad litem may serve as both an advocate for a child and as a witness or advisor to the court in child custody cases.”

Discretionary Review granted 6-12-2013
Campbell Circuit Court, Judge Richard A. Woeste

Attorney for Appellant: Cynthia Ann Millary
Attorneys for Appellees: Joshua Bryan Crabtree and Richard Alex Konkoly-Thege


11 AM EST
2012-SC-402-DG
COMMONWEALTH OF KENTUCKY V. JOHNSON

View Case Briefs (PDF - 71.06KB)

Summary: “Criminal Law. KRS 15.200. Attorney General. Issues include whether the Office of the Attorney General has the jurisdiction to investigate drug related offenses within the Commonwealth.”

Discretionary Review granted 2-13-2013
Powell Circuit Court, Judge Frank A. Fletcher

Attorney for Appellant: Jack Conway and James Coleman Shackelford
Attorney for Appellee: Emily Holt Rhorer

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