Owen v. DCR Mortg. III Sub I, LLC, 337 S.W.3d 652 (Ky. App. 2011)
MGM represented the mortgagee in this case. This case concerned the efforts of a mortgagee to collect in state court the amounts due from the personal guarantors of the loan after the property was sold during the mortgagor’s bankruptcy proceeding. The Kentucky Court of Appeals found that the fact that the personal guarantors were not […]
Lexington Real Estate Company v. O’Rourke, Fayette Circuit Court, CA 2010-CA-108, 365 S.W.3d 584 (2011)
Landlord sought recovery of unpaid rent and costs to repair damage to the residence which was not returned in the condition that it was rented. Trial court awarded recovery of all amounts including attorneys’ fees under KRS 363.660, tenant’s willful breach of the lease. The Court of Appeals reversed on the attorneys’ fee issue holding […]
Fayette Heating & Air et al. v. University of KY et al., Fayette Circuit Court, Opinion & Order (May 5, 2010)
University of Kentucky branch into commercial development with its Coldstream land and the construction of a large building just off the Interstate Highway, well away from the University. The development was unique in that the University entered into a long-term land lease of the real property to a third party developer. That developer caused numerous […]
James Lauffer v. Thoro-Graph, Inc. and Jerry Brown,Johnson Circuit Court 09-CI-157 (4/12/2010)
In the absence of an agreement, a horse purchaser adviser is limited to recovering 5% of the purchase price. Read more ›
Akers v. Philips, Greenup Circuit Court, 08-CI-394, Feb 22, 2010
In a case that involved a question of scope of employment under a vicarious liability theory, the Court held that an insurance sales representative who caused an auto accident and injuries while driving to the office to start the day was acting in the course and scope of his employment because he was carrying collected […]
Use of Repositories: A Buyer’s Perspective
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Current Law on Fraud and Sale of Horses
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Cummins v. Morita, et al. (No. 2007-CA-002101-MR & No. 2008-CA-000212-MR, KY Court of Appeals 2010)
Cummins v. Morita, et al. (No. 2007-CA-002101-MR & No. 2008-CA-000212-MR, KY Court of Appeals 2010) A borrower obtained a mortgage loan and subsequently complained that he had been under a belief he was dealing with a specific lender. The borrower further claimed the mortgage broker who handled the transaction made misrepresentations about the loan. The […]
Curtis Green & Clay Green, Inc. v. Clark (No. 2006-CA-000086-MR, Court of Appeals 2010)
MGM represented various businesses that participated in a workers’ compensation self insurance group called AIK. These groups are permitted by Kentucky statute for the purpose of diluting workers’ compensation liability by spreading out the risks to a large group of employers. Under the plan, all of the approximately 3,000 businesses are equally liable for any […]
Crawford v. Lexington-Fayette Urban County Government (2008 WL 2885230 (E.D.Ky.))
Justin Crawford, a Sergeant in the Custody Bureau at the Fayette County Detention Center, came to Miller, Griffin & Marks with a complaint: the Detention Center administrators routinely refused to allow officers to take legally required meal and rest breaks, were not fairly compensating them for the true number of hours worked, and were retaliating […]