Harvey v. Robinson (2016-CA-915 & 1073, Fayette Circuit Court, 00-CI-1483)
In a March 3, 2017, opinion to-be-published issued by the Kentucky Court of Appeals, the Court held that the standard of review when addressing appeals involving the interpretation of trial court orders, the reviewing court is to give deference to the trial court’s interpretation of its own orders. The case involved the ex-wife returning to […]
Ortiz v. Kentucky Growers Insurance Company (Muhlenberg Circuit Court Action 15-CI-00364)
On February 6, 2017, the insurance defense practice group, led by Don Pisacano, obtained a summary judgment for its client, Kentucky Growers Insurance Company, in Ortiz v. Kentucky Growers Insurance Company. The plaintiffs sought to recover under their homeowners’ policy for a fire loss. However, they misrepresented their ownership interest in the insurance application, as […]
Farris v. Columbia (2015-CA-448, KY Court of Appeals)
The Court of appeals agreed Columbia, the former principal and football coach in Clark County, that Farris’s, the former superintendent’s, appeal was interlocutory and subject to dismissal. Read the court’s February 3, 2017, Opinion.
Busch v. Wells Fargo Home Mortgage (16-CV-210-JMH, USDC at Lexington)
Busch and his wife filed their lawsuit in the Fayette Circuit Court which was removed by the Defendant to federal court. Thereafter, the Defendant moved to dismissed the case. The court held that the Busches did state a cause of action under the Fair Credit Reporting Act, 15 USC 1681, which provides for recovery of […]
Caldwell v. Fussinger (14-CI-11, Bourbon Circuit Court)
Don Pisacano successfully tried a Landlord Tenant case in Bourbon County Circuit Court and obtained a defense verdict for the farm owner/landlord in a premises liability personal injury claim arising from a trip and fall on an alleged defective cattle guard. Plaintiff was seeking damages for a fractured ankle and subsequent infection (osteomyelitis) that occurred when […]
FEDERAL UPDATE: FEDERAL WAGE-AND-HOUR RULES CHANGES
December 2016: On December 1, 2016, the DOL appealed the nationwide injunction. The Fifth Circuit Court of Appeals issued an order on December 8, 2016, expediting the review of the nationwide injunction that prohibited the implementation of the DOL’s new regulations on overtime. It appears that briefing will be completed in January 2017 and the […]
Robert Webb v. Dan Cummins Chevrolet-Buick, Inc. (2015-CA-938, Bourbon Circuit Court 15-CI-61)
MGM successfully defended an area car dealer. Webb sued the dealer over his trade in of a vehicle that was more than 10 years old when he traded it in, and he had originally purchased it used. Webb sued the car dealer alleging fraudulent misrepresentation based on statements during the negotiations of the trade in […]
Papastefanou v. Kentucky Growers, et al (13-CI-1440, Warren Circuit Court)
On behalf of Kentucky Growers Insurance, Don Pisacano obtained summary judgment against a national mortgage company’s claim for proceeds arising from a foreclosure action and subsequent fire loss. See the November 23, 2016 Order in Papastefanou v. Kentucky Growers, et al.
NURSING HOME CLAIMS: October 28, 2016
The federal agency overseeing Medicare and Medicaid services has issued a rule barring any nursing home that receives federal funding from requiring residents to enter pre-dispute arbitration agreements. Such agreements have long been used by nursing homes to force patients and their families to pursue claims such as elder abuse and wrongful death through the […]
Federal Employment 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 […]