A basic landlord/tenant dispute has become a decade-long litigation matter. Tenants who were college students entered into a lease for residential property for the upcoming school year. Upon there arrival the tenants determined the property was not in the condition promised. Though the tenants moved in to begin the school...
Kentucky Racing Commission suspended trainer Werre for a year because the horse tested positive for Levamisole. The Franklin Circuit Court reversed the Racing Commission’s suspension of the trainer because the Racing Commission did not sustain its burden of showing the propriety of the penalty imposed. The Racing Commission had misclassified...
In an unemployment claim case, the former employee was terminated for his refusal to follow orders of the employer so it was a termination for cause . The Unemployment Commission awarded unemployment benefits over the cause termination. The trial court, on appeal, affirmed the award of those benefit ruling that...
Successfully resolved a lawsuit brought against an engineering firm regarding premises liability and alleged claims of defective construction. Read more ›
...Successfully defended a claim against a Kentucky insurer under a homeowners’ policy exclusion related to foreclosure. Read more ›
...The trial court disqualified the firm from continuing to represent certain shareholders because it had previously represented the Board of the entity of which they are shareholders. A writ of prohibition was requested from the Court of Appeals to prevent the enforcement of the trial court’s disqualification order which was...
Chief State Steward of the Kentucky Horse Racing Commission was terminated. The termination was upheld by the Kentucky Personnel Board. On judicial appeal of agency action, the Franklin Circuit Court reversed the termination, reinstated the Chief Steward with recovery of back pay. Personnel board/chief state steward/racing commission Read more ›
...A business in the mall was evicted based upon a repeated failure to timely pay rent. The district court in a forcible detainer proceeding noted that its jurisdiction was limited to nonpayment of rent (not other breach of contract claims) but proceeded with the eviction. The Circuit court sitting as...
Parents who never married presented an issue of whether a trial court’s order directing and authorizing one parent to obtain a passport for their minor child was an enforceable order. The mother argued that the order was a modification of the custody decree without proper findings of fact and conclusions...
Townhome owners sued for declaration by the Scott Circuit Court that the homeowners’ association governing the 77 townhome development did not have any right, responsibility or jurisdiction over their units or lots. The court held that there were no covenants, restrictions or conditions filed in the record with respect to...