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| AIG/AIU Ins. Co. v. South Akers Mining Co., LLC, 2005-SC-0178-WC,
SUPREME COURT OF KENTUCKY, January 19, 2006, Rendered
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Overview: The employer's workers' compensation insurance carrier was liable for any increase in benefits under Ky. Rev. Stat. Ann. § 342.165(1) despite a contractual term to the contrary since the legislature has determined that an employer's entire liability for benefits must be secured as a matter of public policy.
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| Coffman v. Ky. Bar Ass'n, 2005-SC-000973-KB,
SUPREME COURT OF KENTUCKY, January 19, 2006, Entered
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Overview: Where the attorney had been convicted of willfully failing to pay taxes and where he aggressively and, as of the time of the instant case, successfully addressed his gambling and alcohol addictions that led to the offense, the attorney's request for consensual discipline was granted. He was publicly reprimanded and was suspended for 61 days.
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| Ky. Bar Ass'n v. Gray, 2005-SC-0908-KB,
SUPREME COURT OF KENTUCKY, January 19, 2006, Entered
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Overview: The Kentucky Bar Association's motion for an attorney's temporary suspension in accordance with Ky. Sup. Ct. R. 3.166 due to the attorney's felony conviction was granted. The attorney pled guilty to Theft of a Controlled Substance with a Value of $ 300 or Less, a Class D felony, Ky. Rev. Stat. Ann. § 218A.1418.
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| Ky. Bar Ass'n v. Greenwell, 2005-SC-000921-KB,
SUPREME COURT OF KENTUCKY, January 19, 2006, Entered
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Overview: Where an attorney was cited for non-compliance with the annual continuing legal education (CLE) requirements, and in response, he expressed his desire to withdraw or retire his license to practice law but he failed to complete the CLE credits, his license was suspended pursuant to Ky. Sup. Ct. R. 3.669(4).
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| Ky. Bar Ass'n v. Lampe, 2005-SC-0847-KB,
SUPREME COURT OF KENTUCKY, January 19, 2006, Entered
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Overview: An attorney who failed to keep in contact with his clients, who misrepresented that he was actively pursuing their matters when in fact he was not, and who falsified documents in one matter, committed numerous disciplinary violations, resulting in a 120-day suspension of his license to practice law.
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| Ky. Bar Ass'n v. Smith, 2005-SC-0292-KB,
SUPREME COURT OF KENTUCKY, January 19, 2006, Entered
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Overview: Attorney was ordered suspended from the practice of law for 15 days, where the attorney was found to have violated Ky. Sup. Ct. R. 3.130-1.3 by timely failing to proceed with the representation of his client in court and Ky. Sup. Ct. R. 3.130-1.4(a) by failing to adequately communicate with the same client regarding the litigation.
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| Lowe's # 0507 v. Greathouse, 2005-SC-0515-WC,
SUPREME COURT OF KENTUCKY, January 19, 2006, Rendered
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Overview: As Ky. Rev. Stat. Ann. § 342.730(1)(c)1 only provided for a triple benefit for a loss of the physical ability to perform the type of work that an employee performed when he was injured, a workers' compensation claimant could not recover enhanced income benefits based on his inability to perform work in a second job.
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| Morgan v. Commonwealth, 2003-SC-0489-MR,
SUPREME COURT OF KENTUCKY, January 19, 2006, Rendered
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Overview: Where defendant used one of his peremptory challenges to remove a juror who was biased and who the trial court refused to remove under Ky. R. Crim. P. 9.40, such was not a violation of defendant's substantial and constitutional rights, as the evidence of defendant's guilt was overwhelming; the Thomas holding was overruled.
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| Stratton v. Commonwealth, 2003-SC-000580-DG,
SUPREME COURT OF KENTUCKY, January 19, 2006, Rendered
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Overview: A trial court's dismissal of a minor decedent's estate administrator's negligence action against a state agency, arising from the death of the minor due to child abuse by the mother's live-in boyfriend, was proper, as the actions of the agency's workers were discretionary and therefore immune under Ky. Rev. Stat. Ann. § 44.073(2).
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