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| Behanan v. Cobb, NO. 2005-CA-002170-MR,
COURT OF APPEALS OF KENTUCKY, February 2, 2007, Rendered
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Overview: School officials should have been granted a directed verdict on a principal's claim of wrongful use of administrative proceedings. The proceedings had resulted in the principal's reprimand and suspension; although she had successfully defended against some charges, the officials were justified in seeking to terminate her employment.
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| Cincinnati Bell Tel. Co. v. Ky. P.S.C., NO. 2004-CA-002659-MR AND NO. 2005-CA-001459-MR AND NO. 2005-CA-001644-MR AND NO. 2005-CA-001674-MR,
COURT OF APPEALS OF KENTUCKY, February 2, 2007, Rendered
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Overview: It was error for the Public Services Commission to order local exchange carriers to refund money they had collected from independent payphone services providers. In its Wisconsin Order prescribing rates for payphone services, the FCC had not required carriers to adjust rates on their own, but to await action by state commissions.
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| A.M. v. Commonwealth, NO. 2006-CA-000164-DG,
COURT OF APPEALS OF KENTUCKY, February 16, 2007, Rendered
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Overview: Because a juvenile's right of appeal was lost solely due to the negligence of his prior counsel, he was entitled to a belated appeal.
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| Allen v. Lawyers Mut. Ins. Co., NO. 2005-CA-002397-MR,
COURT OF APPEALS OF KENTUCKY, February 16, 2007, Rendered
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Overview: Attorney alleged that insurer induced him by fraudulent misrepresentations to buy a certificate it had no intention of redeeming. That claim accrued when he received the certificate, which contained the terms for its redemption, and as he filed suit nine years later, the claim was time-barred under Ky. Rev. Stat. Ann. § 413.130(3).
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| Wheat v. Commonwealth, NO. 2005-CA-002389-MR,
COURT OF APPEALS OF KENTUCKY, February 16, 2007, Rendered
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Overview: As DNA testing proved appellant was not child's father, court erred by holding him in contempt for failing to pay child support arrearage without holding evidentiary hearing to determine if mother was guilty of misrepresentation, in which case even child support obligations that had already accrued could be set aside under Ky. R. Civ. P. 60.02.
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