Miller, Griffin & Marks PSC

Berry v. Thomas (2000-CA-000670-MR, Court of Appeals 2001)

After an estate dispute arose, one of the decedent’s natural daughters who was born out of wedlock sought to have her father’s paternity established. The decedent’s widow (the second wife) and her children denied the daughter’s claim and rights to the estate. The Court held the daughter was in fact fathered by the decedent. The widow appealed the summary judgment of the trial court, and the Court of Appeals affirmed the decision. MGM helped to prove paternity through thorough deposition testimony, the law in effect at the time of the daughter’s birth, and the discovery of documents prepared by the widow which illustrated her knowledge that the daughter had been fathered by her husband.

Prenuptial agreement/probate/void prenuptial agreement/failure to adequately disclose assets/divorce revokes will/KRS 394.090/change in law

Highland Stud International, et al. v. Baffert, et al., 00-261-JMH (EDKy 2002)

The former purchaser of the “breeding rights” to Kentucky Derby winner REAL QUIET purchased his “racing qualities” in 2000. The 2000 agreement provided that the horse was sold “as is” and with no representation or warranties concerning the physical condition of the colt. The purchaser later sued the seller, trainer, and a veterinarian asserting various claims, including breach of contract and fraud, after REAL QUIET manifested a tendon injury after his arrival in Kentucky. The Court held that the purchaser could not assert “tort claims” such as fraud, under the “economic loss doctrine.” That doctrine provides that in sales governed by the UCC and involving purely economic losses as opposed to personal injuries, a party is bound by the contract and generally is limited to only contract claims. The Court also held that there was no breach of contract and dismissing the purchaser’s claims in this horse sales case under the “economic loss doctrine.”

Holman v. Holman, 84 S.W.3d 903 (1999-S.C.-525) (Ky. 2002)

This case concerned whether the husband’s disability retirement benefits were marital or non-marital property. Reversing the lower courts and enunciating a new rule of law, the Kentucky Supreme Court agreed with the husband to find that courts are to classify disability benefits according to the nature of the wages they replace rather than whether or not they are one of the excepted categories or whether the source of the funds used to acquire the benefits was marital. The Court found that because the disability benefits replaced post-dissolution wages that the husband would have received as a firefighter, those benefits are appropriately classified as the husband’s separate non-marital property.

Family law/disability benefits/post dissolution wages/non-marital disability retirement benefits are non-marital earnings under facts of case.

SKS Merch, LLC, Toby Keith, et al. v. Mike Barry, Lou Black, Louie Catone 233 F.Supp.2d 841, 65 U.S. (2002)

In a case of significance to the music industry, music artist, Toby Keith, was granted a federal nationwide injunction under the Lanham Trade-Mark Act against sellers of bootleg merchandise. Read more ›

Mitan v. Huntington National Bank (No. 98-CI-01174, Boone Circuit Court 2002)

Huntington National Bank filed a foreclosure action against an automobile dealership after it defaulted on its mortgage payments. The bank sought to recover against the guarantor of a promissory note that was executed in their favor. The guarantor, an out-of-state businessman who owned an interest in the dealership, sought the help of Miller, Griffin & Marks to appeal a summary judgment entered against him by the trial court.

Summary Judgment/foreclosure/guarantee/guarantor

Orr v. Versailles-Midway-Woodford County Board of Adjustment (No. 2001-CA-000341-MR, Court of Appeals 2002)

Representatives of a local neighborhood association and the Huntertown Road Alliance (HRA) opposed a plan that had been submitted to the Woodford County Zoning Administrator to build a car dealership. The zoning in the area where the dealership was to be built had remained unchanged for more than twenty-five years and the proposed dealership was permissibly within the zoning scheme. After it was recommended that the plan be approved, the HRA appealed the recommendation to the County Board of Adjustments. The Board held a public hearing on the matter to consider reasons why the plan should be refused. However, the arguments presented by the HRA were unpersuasive, and the plan was approved by a unanimous vote. Shortly after, the Planning and Zoning Commission held a meeting and the development plan was again approved. The HRA was unsatisfied with the decision and filed a complaint in court alleging that the Board and Planning Commission had denied them due process in failing to consider their argument against the plan and that the Board had been biased towards approving the plan. A bench trial was granted to determine whether the Board had preconceived opinions concerning the development plan prior to the initial hearing. All of the claims were decided in favor of the defendants and the HRA appealed. The arguments presented by MGM showed that the Board and Planning Commission had not infringed on any rights of the HRA and had complied with all of the relevant statutory allowances in hearing their disagreements with the proposed plan. The Court of Appeals was persuaded by the arguments and the trial court’s ruling was affirmed.

Neighborhood association/zoning/Planning Commission