859.255.6676  mgm@kentuckylaw.com

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Miller, Griffin & Marks, PSC is a Lexington, Kentucky law firm that offers a full compliment of legal services, with areas of concentration in commercial, corporate, and equine matters including both transactions and litigation, as well as insurance defense, employment law, and family law.

Recent Firm Highlights

FEDERAL UPDATE:  FEDERAL WAGE-AND-HOUR RULES CHANGES – An important change in the federal wage-and-hour rules becomes effective on December 1, 2016. The new rule recently promulgated by the Department of Labor will increase the salary level from $455 per week ($23,660 annually) to $913 per week (or $47,476 annually). Additional changes were made to the salary rules applicable to the “highly compensated employee” exemption, and the rule provides for automatic updates to the salary and compensation levels every three years. No changes have been made to the “duties test.”  Read more.

RECENT LITIGATION MATTER: Litigation with a flooding neighbor:  Our litigators address a variety of issues through trial and appeal.  In a case of an uphill neighbor focusing and directing ‘unnatural’ water flow on the downhill neighbor, a jury awarded $50,000 in compensatory damages and $75,000 in punitive damages.  See Vescio v. Darnell, (Fayette Circuit Court, 99-CI-2531,  The verdict was affirmed by the Kentucky Court of Appeals in Case 2013-CA-189, rendered January 29, 2016.  The appellate court further ordered the case remanded to the trial court with directions to enjoin the uphill neighbor by requiring that all the holes in their brick wall be “plugged” to prevent further intentional flooding of the downhill neighbor.

RECENT FAMILY LAW MATTER:  Our Family Law Group is active through all levels of litigation.  In what appears to be a case of first impression in Kentucky, in December 2015 they successfully reversed the lower courts’ rulings related to a conflict between an IRA beneficiary form that was not changed as required by the terms of divorce and the Divorce Decree. Sadler v. Van Buskirk, 2013-SC-809-DG, Kentucky Supreme Court, December 17, 2015.