Stewart v. Kentucky Horse Racing Commission (2013 WL 1003534, Ky. App. 2013)
Veterinarian was charged with possession of sealed alpha cobratoxin vials and carbidopa/levodopa tablets at Keeneland training facility. The Stewards suspended the vet for four years for possession of cobratoxin and one year for carbidopa/levodopa, to run consecutively. The Franklin Circuit Court reversed carbidopa/levodopa suspension, finding that it was not based on substantial evidence. On cross-appeals, […]
Blue Skies Racing Stable, LLC v. O’Sullivan Farms, LLC and Vinery, Ltd., (2012-CA-2116-MR)
Blue Skies Racing Stable, LLC appealed a judgment of the Fayette Circuit Court dismissing appellee, O’Sullivan Farms, LLC from its declaratory action. The Court of Appeals reversed and remanded. The controversy centered over who was entitled to ownership of a thoroughbred stallion named LIMEHOUSE. Blue Skies contended that it had a valid and binding contract […]
Lexington Rental Homes, LLC v Elizabeth Gayle Bartilow, 12-XX-22 (Fayette Circuit Court, 4th Div. 2012) and USBC EDKY 13-50290 tnw 2013
What began as a landlord/tenant case with the landlord enforcing the terms of a residential lease that contained an early termination liquidated damage charge, ended up in bankruptcy court. The initial claim was that a few thousand dollars were owed because the tenant ‘walked out’ before the end of the lease. Tenant represented herself in […]
Liberty Corporate Capital Ltd v. Security Safe Outlet, Inc., 937 FSupp2d 891 (EDKY 2013)
Read more ›
Hank Investments, Inc. v. Century Surety Company, (2013-CA-879, Fayette Circuit Court)
In a declaratory judgment action, business owning bar sought recovery of its costs from its general liability carrier of its defense in litigation in which it was successful in obtaining summary judgment. Insurance carrier had not only denied coverage but also denied a duty to defend. The denial of defense was based upon the wording […]
Melbourne Mills, Jr. v. David Helmers, (2013-CA-1877, Fayette Circuit Court 2013)
A disbarred attorney sought to recover fees from another attorneys after both had been disbarred and with no evidence the suing attorney had provided any legal services on any of the cases or for any of the clients when he produced no records to support his claims or even identify his purported clients. The trial […]
2013 Outstanding Kentucky Equine Lawyer Award
Michael D. Meuser and Michelle Hurley, both attorneys and shareholders at Miller, Griffin & Marks, P.S.C., were named co-winners of the Edward S. Bonnie 2013 Outstanding Kentucky Equine Lawyer Award by the Equine Law Section of the Kentucky Bar Association. The award was presented during a ceremony at Churchill Downs Racetrack on November 20, 2013 […]
Stewart v. Kentucky Horse Racing Commission (2013 WL 1003534, Ky. App. 2013)
Veterinarian was charged with possession of sealed alpha cobratoxin vials and carbidopa/levodopa tablets at Keeneland training facility. The Stewards suspended the vet for four years for possession of cobratoxin and one year for carbidopa/levodopa, to run consecutively. The Franklin Circuit Court reversed carbidopa/levodopa suspension, finding that it was not based on substantial evidence. On cross-appeals, […]
Ownership and Transfer of Horses and Interests in Horses, including Warranty and Fraud. Summary of relevant cases.
Alpert v. Thomas, 643 F. Supp. 1406 (D. Vt. 1986). An Arabian horse buyer claimed that prior to purchase of the horse, which was acquired as a stallion prospect on an installment basis, she was given an oral guarantee that the horse would breed sound. The purchase agreement provided that the horse was sold “as […]
Hillyer v. Paul Miller Ford, Inc., 2010-CA-1819-MR (Fayette Circuit Court, November 16, 2012)
Hillyer purchased a new truck. About two years later he asserted claims against the selling dealership for breach of contract, breach of warranty, fraud and violations of the Consumer Protection Act. Hillyer did not initially name the manufacturer in the action because he had initiated his dispute against the manufacturer but lost in the arbitration […]