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| Ky. Bar Ass'n v. Justice, NO. 2006-SC-000522-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: When an attorney admitted failing to respond to a motion, failing to advise his clients of the granting of the motion, placing an unearned retainer into his general account, and failing to refund an unearned fee, in violation of Ky. Sup. Ct. R. 3.130, 1.3, 1.4, 1.15, and 1.16, and consented to a 30-day suspension, the court imposed the suspension.
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| Ky. Bar Ass'n v. Lococo, 2006-SC-000388-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: Attorney was suspended for a six month period, to be served concurrently with her current suspension, because the attorney acknowledged that she violated Ky. Sup. Ct. R. 3.130-5-3(b) and Ky. Sup. Ct. R. 3.130-1.15(b) when her secretary wrote a check from client funds. The three-year delay in the disciplinary process was a mitigating factor.
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| Ky. Bar Ass'n v. McDaniel, 2006-SC-0352-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: Attorney was ordered suspended for the practice of law for 30 days to run consecutively to prior discipline because the record supported findings that the attorney had failed to file a motion on behalf of his client in a criminal matter and that the attorney had failed to comply with requests from the board in the second case.
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| Ky. Bar Ass'n v. Meredith, 2006-SC-000524-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: An attorney who admitted that he violated Ky. Sup. Ct. R. 3.130-1.3, -3.2 by failing to file timely annual accounting reports for an estate for which he had been appointed administrator and by not filing the final settlement until almost nine years after the matter was opened was publicly reprimanded and directed to pay the costs of the proceeding.
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| Ky. Bar Ass'n v. Nemes, 2006-SC-000023-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: When an attorney attending a CLE violated Ky. Sup. Ct. R. 3.652 by returning from lunch 30 minutes late, the court imposed a minimum penalty based on the infraction's de minimus nature and extenuating circumstances. He had been late because he had gone to a luncheon at the request of his employer, the Chief Justice of the Kentucky Supreme Court.
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| Ky. Bar Ass'n v. Robey, 2006-SC-0358-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: Lawyer was publicly reprimanded for misconduct in which, although he agreed to cover another lawyer's cases which she was on a medical leave, he failed to respond to a client's frequent attempts to contact him about the progress of the case, and failed to surrender the client's file to him in a timely manner.
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| Ky. Bar Ass'n v. Weinberg, 2006-SC-0225-KB, 2006-SC-0226-KB, 2006-SC-0227-KB,
SUPREME COURT OF KENTUCKY, August 24, 2006, Entered
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Overview: Court adopted recommendation of the Kentucky Bar Association that found that the two attorneys should be publicly reprimanded and required to attend ethics training for violations of the Kentucky Rules of Professional Conduct related to their mishandling of a client's case and their failure to keep the client informed of the status of the case.
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| Manalapan Mining Co. v. Lunsford, 2005-SC-0626-WC, 2005-SC-0628-WC,
SUPREME COURT OF KENTUCKY, August 24, 2006, Rendered
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Overview: Claim for a work-related hearing loss that was not diagnosed until two years after the claimant last worked was barred by the two- year limitations period set forth in Ky. Rev. Stat. § 342.185(1) because the claim was filed two years after the claimant was last exposed to the hazardous condition. Section 342.185 acted as a statute of repose.
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| Rice v. Commonwealth, 2005-SC-000146-MR,
SUPREME COURT OF KENTUCKY, August 24, 2006, Rendered
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Overview: Because a co-conspirator in a robbery testified that defendant entered the residence, armed with a nine millimeter handgun, there was sufficient evidence to convict defendant of first degree robbery and first degree burglary as the testimony represented more than a mere scintilla of evidence from which jurors could find guilt.
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| Roberie v. VonBokern, 2004-SC-000250-DG,
SUPREME COURT OF KENTUCKY, August 24, 2006, Rendered
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Overview: Judgment which determined that a road was a public road was affirmed, as the claim by appellants' neighbors was valid and amounted to a private action for a public nuisance, as the claim alleged that a disputed dirt road was a public turnpike owned by the county and that appellants interfered with a public right by blocking access to the road.
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