Sanders v. Victory Haven Training Ctr., LLC. (No. 2008-CA-002220-MR, Court of Appeals 2009)
MGM represented a horse training facility in recovering back rent owed by a trainer who breached her lease agreement. The trainer responded to the suit by filing a counterclaim seeking damages for an allegedly improper lien placed on the horses she trained but did not own. Judgment was granted on liability and a partial damage […]
MPM Financial Group, Inc. v. Morton (No. 2007-SC-000652-DG, Supreme Court 2009)
MGM assisted a local small business group in obtaining a judgment against an individual former co-owner defendant for theft and embezzlement. After the judgment was entered, the defendant could not be found for more than a year. Once he was located, MGM sought to satisfy the judgment by serving a garnishment on an insurance company […]
In Wood v Vranicar & Wood v Smith, case no. 05-CI-3127, a Mandy Jo’s Law case under KRS 411.137 tried to the Fayette Circuit Court in a dispute over the wrongful death proceeds arising from a child’s death resulting from negligent treatment at a hospital and the mother’s challenge to the father’s right to a […]
Lach v. Man O’ War, LLC (2005-SC-001014-DG, Supreme Court 2008)
A dispute arose in a limited partnership after the relationship between one of the general partners and a limited partner deteriorated. The limited partnership was formed for the purpose of leasing and developing shopping centers. The only other general partner was terminally ill with cancer and desperately tried to resolve the dispute for the benefit […]
Litigating the Horse Transportation Claim
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Paul Miller Ford, Inc. v. Rutherford (No. 06-CI-01412, KY Court of Appeals 2007)
A customer purchased a used vehicle, took delivery and then almost immediately defaulted under the purchase contract terms by failing to pay. The vehicle was repossessed and then the customer filed a tort suit against the car dealership seeking damages for emotional distress and inconvenience that resulted from the repossession of the car. The purchase […]
Ross v. Powell (2004-SC-0008-DG, Supreme Court 2006)
A homebuyer accepted an offer to purchase the home of a couple that was moving out of state. Due to the age of the house, the listing realtor suggested that a prelisting inspection, including a termite inspection, be conducted before listing the property. The sellers had the house professionally inspected. The inspection showed some evidence […]
Richard E. Jacobs Group, Inc. v. White (No. 2005-SC-0695-WC, KY Supreme Court 2006)
An off-duty police officer working as a security guard for the Fayette Mall was involved in a confrontation with a suicidal suspect. The officer shot and killed the suspect without any physical contact or any physical injuries. The officer later alleged that the incident caused him to suffer from post-traumatic stress disorder, and that he […]
Commonwealth v. Nygaard, 05-M-703/815 (Fayette District Court July 26, 2005)
Lexington Humane Society (”LHS”) filed an Amicus Curie Brief in a criminal matter to argue for restitution in its favor from the defendant based upon LHS having cared for and boarded (at its expense) several animals during the pendency of the criminal matter which were the basis for cruelty charges against the defendant. The trial court […]
Small Firm Practice
Attorneys Tom Miller and Mike Meuser are featured in Small Firm Practice magazine.