Miller, Griffin & Marks represents clients in litigation of all types, including commercial and equine disputes, as well as personal injury matters. We practice in both state and federal courts, both at the trial and appellate levels.
The Court of Appeals by Opinion issued March 24, 2017, held that the Garrard Circuit Court erred in holding that deed restrictions prohibited short-term rentals of residences. The circuit court’s had held that inhabitants of short-term rentals of residential property were not “residents” and therefore the use of the property...
On February 6, 2017, the insurance defense practice group, led by Don Pisacano, obtained a summary judgment for its client, Kentucky Growers Insurance Company, in Ortiz v. Kentucky Growers Insurance Company. The plaintiffs sought to recover under their homeowners’ policy for a fire loss. However, they misrepresented their ownership interest...
The Court of appeals agreed Columbia, the former principal and football coach in Clark County, that Farris’s, the former superintendent’s, appeal was interlocutory and subject to dismissal. Read the court’s February 3, 2017, Opinion.
...Busch and his wife filed their lawsuit in the Fayette Circuit Court which was removed by the Defendant to federal court. Thereafter, the Defendant moved to dismissed the case. The court held that the Busches did state a cause of action under the Fair Credit Reporting Act, 15 USC 1681,...
Don Pisacano successfully tried a Landlord Tenant case in Bourbon County Circuit Court and obtained a defense verdict for the farm owner/landlord in a premises liability personal injury claim arising from a trip and fall on an alleged defective cattle guard. Plaintiff was seeking damages for a fractured ankle and...
December 2016: On December 1, 2016, the DOL appealed the nationwide injunction. The Fifth Circuit Court of Appeals issued an order on December 8, 2016, expediting the review of the nationwide injunction that prohibited the implementation of the DOL’s new regulations on overtime. It appears that briefing will be completed...
MGM successfully defended an area car dealer. Webb sued the dealer over his trade in of a vehicle that was more than 10 years old when he traded it in, and he had originally purchased it used. Webb sued the car dealer alleging fraudulent misrepresentation based on statements during the...
On behalf of Kentucky Growers Insurance, Don Pisacano obtained summary judgment against a national mortgage company’s claim for proceeds arising from a foreclosure action and subsequent fire loss. See the November 23, 2016 Order in Papastefanou v. Kentucky Growers, et al.
...The federal agency overseeing Medicare and Medicaid services has issued a rule barring any nursing home that receives federal funding from requiring residents to enter pre-dispute arbitration agreements. Such agreements have long been used by nursing homes to force patients and their families to pursue claims such as elder abuse...
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...