An Overview of Evidentiary Issues and Estate Disputes
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Elden Ginn Tobacco Warehouses, Inc. v. East Kentucky Power Coop., Inc. (No. 2004-CA-002339-MR, Mason Circuit Court
A large Kentucky utility company sought to condemn tracts of land pursuant to the Eminent Domain Act of Kentucky to construct power lines between two of their power production facilities. After landowners in the area raised numerous objections the Public Service Commission (PSC) mandated that a public hearing be held. The hearing determined that the […]
Blevins v. Paul Miller Ford, Inc. (No. 2003-CA-000601-MR, Court of Appeals 2004)
A customer purchased a used SUV from a dealership and signed a disclaimer which stated that the vehicle was being sold in “as is” condition. The customer seemed satisfied with the SUV and did not make any attempt to contact previous owners or have it independently inspected. Not long after the purchase, his car developed […]
Snow v. West American Insurance Company (No. 2003-CA-001062-MR, Court of Appeals 2003)
A passenger was tragically killed in a collision with another automobile. At the time of the accident the vehicle was allegedly uninsured and excluded by the family’s other auto insurance policies. MGM was retained by the family to challenge the insurance company’s application of exclusions to coverage and refusal to defend and indemnify the father […]
Lexington-Fayette Urban County Urban County Gov. v. Johnson (No 2001-CA-002245-MR, Court of Appeals, 2003)
The Fayette County Housing Authority sought to condemn a privately-owned apartment complex under the Kentucky Eminent Domain Act to build a low-income housing building for the elderly. MGM successfully defended the suit in circuit court, defeating the government’s effort. The Housing Authority appealed. The Court of Appeals affirmed the trial courts’ ruling, finding that the […]
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 […]
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 […]
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 […]
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 & […]