Firm News

Cases Hot Off The Press

HERALD LEADER ATTORNEY GENERAL’S OPINION AUGUST 2016:  In the newest round of efforts to shed light on the activities of UK, the Attorney General issued an August 31, 2016 (16-ORD-193), opinion addressing the refusal of UK to provide documents in response to a Herald Leader Open Records request for matters involving the Hazard cardiology practice acquired by UK and the expenses and fees paid by UK or KMSF to their lawyer and law firm Sheppard Mullin since 2013.  The AG determined that UK’s refusal to provide records for in camera inspection by the AG to consider UK’s asserted exemptions violated the Open Records Act.

VEITCH v. PUBLIC PROTECTION CABINET, AUGUST 2016 UPDATE:  The Franklin Circuit Court has again ruled in favor of John Veitch in his claims against the Kentucky Horse Racing Commission related to penalties imposed on him as Chief State Steward for his actions at the LIFE AT TEN race.  In its August 23, 2016, Opinion and Order, the Court reverses and remands the most recent effort by KHRC to impose a 9 month suspension penalty because the penalty has not been justified by KHRC.

HERALD LEADER ATTORNEY GENERAL’S OPINION JULY 2016:  We are pleased to have had the opportunity to assist the Herald-Leader in its commitment to the transparency in government that is protected by both the Open Meetings and Open Records Acts. The information presented at the Trustees’ dinner meeting directly concerned the University’s management of funds, and so is exactly the type of information that our legislature recognizes that the citizens of the Commonwealth must receive in order to hold their public entities accountable. Although we have not yet received a response to our request to the Attorney General for the documents presented during the meeting, we are optimistic that they will soon be provided to the Herald-Leader. We also believe that, because the University chose to have an open meeting, Kentucky’s Open Meetings Act requires that minutes be prepared for the meeting, and those minutes must now be provided.  The Attorney General’s Opinion reflects his agreement. Read the article here.  UK reports as of August 9, 2016, in the Lexington Herald Leader that it intends to appeal the AG’s decision.

NURSING HOME WRONGFUL DEATH FILING JULY 2016:  Miller, Griffin & Marks, PSC filed an action in the Madison Circuit Court in July 2016 alleging the wrongful death of Donald Shelton.  Named in the suit as defendant IS Madison Health and Rehabilitation Center in Richmond, Kentucky. Read more.

January 2016: Our litigators address a variety of issues through trial and appeal. In a case of an uphill neighbor focusing and directing ‘unnatural’ water flow on the downhill neighbor, a jury awarded $50,000 in compensatory damages and $75,000 in punitive damages. See Vescio v. Darnell, (Fayette Circuit Court, 99-CI-2531), The verdict was affirmed by the Kentucky Court of Appeals in Case 2013-CA-189, rendered January 29, 2016. The appellate court further ordered the case remanded to the trial court with directions to enjoin the uphill neighbor by requiring that all the holes in their brick wall be “plugged” to prevent further intentional flooding of the downhill neighbor.

January 2016:  The Fayette District Court awards a Landlord significant attorneys’ fee recovery based on the tenants’ willful breach of the lease and the physical damage they caused to the property  The court granted the Landlord a partial summary judgment on the unpaid rent and liquidated damages arising from the lease but set a bench trial to address the claim for recovery of physical damages and repair costs.  Following the bench trial the court issued an Opinion and Order (June 12, 2015) awarding the sums to the Landlord and further awarding attorneys’ fees under the statute.  The court then entered an order awarded several thousands of dollars in fee recovery in its Amended Final Opinion and Judgment (January 15, 2016) awarding the total fees requested.

December 2015: Our Family Law Group is active through all levels of litigation. In what appears to be a case of first impression in Kentucky, in December 2015 they successfully reversed the lower courts’ rulings related to a conflict between an IRA beneficiary form that was not changed as required by the terms of divorce and the Divorce Decree. Sadler v. Van Buskirk, 2013-SC-809-DG, Kentucky Supreme Court, December 17, 2015.

Federal 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 applicable to the “highly compensated employee” exemption, and the rule provides for automatic updates to the salary and compensation levels every three years. No changes have been made to the “duties test.” Read More

2017 Mike Meuser’s speaking schedule:

Mike is scheduled to speak at the National Equine Law Conference in Lexington, Kentucky.

Previously, in 2015 Mike spoke to the Commercial Breeders’ Association and at the Annual Convention of the American Association of Equine Practitioners (AAEP) in Las Vegas on pre purchase examinations and auction sale radiograph reports.

On February 5, 2016, he spoke on a panel for racing medication at the National Horsemans’ Benevolent and Protective Association convention in Tampa.

On February 27, 2016, he spoke to the Tennessee Veterinary Association on pre purchase examinations.

In May 2016 he spoke at the National Equine Law Conference in Lexington, Kentucky on the topic of pre purchase examinations.

See also, Use of Repositories: A Buyer’s Perspective Author(s): Tom Miller and David Faughn, and other information found under the tab called “Publications.”

2015 Bob Miller posthumously honored:

In April 2015 The American College of Equine Attorneys posthumously inducted Bob Miller into their “Hall of Fame”.

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 in recognition of their representation of Dr. Rodney Stewart in connection with the landmark decision in Dr. Rodney Stewart v. Kentucky Horse Racing Commission. Meuser is the Chair and Hurley a Member of the firm’s Equine Practice Group. (Press Release from 12/11/2013)