Sports South, LLC v. Earley M. Johson, II et al., USDC ED KY, 13-CV-266-JMH (February 27, 2014)
The trial court granted a motion for judgment on the pleadings because the personal guarantees were unenforceable as a matter of law as not complying with the requirements for a guaranty of indebtedness set out by Kentucky statute. Personal guarantee/business debt/KRS 371.065/credit agreement/unenforceable/sophisticated business person Read more ›
Sports South, LLC v. Earley M. Johson, II et al., USDC ED KY, 13-CV-266-JMH (February 27, 2014)
The trial court granted a motion for judgment on the pleadings because the personal guarantees were unenforceable as a matter of law as not complying with the requirements for a guaranty of indebtedness set out by Kentucky statute. Personal guarantee/business debt/KRS 371.065/credit agreement/unenforceable/sophisticated business person Read more ›
Liberty Corporate Capital Ltd v. Security Safe Outlet, 577 Fed.Appx 399 (USCA 6th 2014)
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Borell v. Walnut Springs, LLC, (2013-CA-59, Fayette Circuit Court)
Trainer breached lease agreement by failing to pay rent and physically damaging the premise. After forcible detainer order was entered, Landlord sued to recover damages and summary judgment was granted over request for continuance. Tenant appealed. Court of Appeals affirmed monetary judgment against trainer (including attorneys’ fee recovery) and the discretion of the trial court […]
Baptist Physicians Lexington, Inc. v. The New Lexington Clinic, PSC, 2012-SC-242 (December 19, 2013)
The Kentucky Supreme Court clarified that the corporate fiduciary duty statute defined the duties of a director when acting in his official capacity on behalf of the corporation, but did not displace fiduciary duties when he was acting in his individual capacity and not in a corporate one. Thus, common law fiduciary duties survived enactment […]
Duru v. Louisville/Jefferson County Metro Government, et al., 13-CI-969 (Jefferson Circuit Div 13 Sept 2013)
Resident of Atlanta shipped item back to Atlanta by UPS while in Texas. The package travelled through the UPS hub in Louisville, Kentucky. While processing through the hub, Louisville Metro police used a drug sniffing dog as part of a task force to “smell out” probable cause. Identifying the package as “suspicious” because it was […]
In re Appalachian Fuels, LLC, 493 B.R. 1, 22(B.A.P. 6th Cir. 2013)
MGM represented the unsecured creditors committee of one of the sister companies that was a joint debtor in this case. This case concerned whether MGM’s client was liable for the environmental reclamation obligations of its sister company based on state law derivative liability or federal law substantive consolidation. The U.S. Bankruptcy Appellate Panel of the […]
Michael Joseph Flick v The Estate of Christina Wittich (2010-SC-664-DG, Fayette Circuit Court April 23, 2013)
Thomas W. Miller, attorney at Miller, Griffin & Marks, PSC, was appointed by Governor Steve Beshear as Special Justice to the Kentucky Supreme Court for this case that addressed appellate jurisdiction issues in a wrongful death action. Appellate jurisdiction/ co-administrators/ fair notice of the appeal/ failure to name proper party Read more ›
Norton et al v. Perry et al., COA 2011-CA-2343/2394, Fayette Circuit 08-CI-6061 (2013)
Property owners in Fayette and Clark Counties in Kentucky learned of an effort to “nominate” their property to be listed on the National Historic Registry run by the National Park Service. The properties involved totaled well over 10,000 acres and would be designated as a National Historic District. Several property owners requested for their property to […]
Norton Family Trust v. SJ Holdings, LLC and Tierney (2013-CA-1552, Clark Circuit Court)
Adjacent landowner sought to enforce deed restrictions against current property owner to prohibit the sale of used cars and repair of trucks on the premises. Current property owner planned to build a new car dealership on the site with the obvious related business of sale of used cars and truck repair being appurtenant to the […]