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   State Courts - Kentucky - August 23, 2007

  
Hubbard v. Henry, 2006-SC-000750-WC, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: As a workers' compensation claimant, during a tryout for a job with a logger, cut trees throughout the day of his injury, and the logger did not indicate he was dissatisfied with the claimant's work or would not have hired him had he not been injured, the claimant was the loggers employee under Ky. Rev. Stat. Ann. § 342.640(4).

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Ky. Emplrs. Mut. Ins. v. Coleman, 2006-SC-000608-MR, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Circuit court lacked jurisdiction over worker's bad faith suit against insurer arising from work injury because Ky. Rev. Stat. Ann. § 342.690(1) shielded covered employer and its insurer from any liability outside of workers' compensation remedy. Insurer was entitled to writ barring the circuit court from proceeding with the worker's suit.

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Matherly Land Surveying, Inc. v. Gardiner Park Dev., LLC, 2005-SC-000576-DG & 2006-SC-000163-DG, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: As company held itself out as engineering firm and had professional engineer oversee its work, including land surveying tasks, and clients believed company was performing engineering services, both company's engineering and land surveying services were professional and thus subject to Ky. Rev. Stat. Ann. § 413.245's statute of limitations.

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Morton v. Ky. Bar Ass'n, 2007-SC-000407-KB, SUPREME COURT OF KENTUCKY, August 23, 2007, Entered
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Overview: Lawyer was suspended for 30 days for misconduct because, among other things, she failed to prepare documents supporting settlement for case on appeal, in violation of, inter alia, Ky. Sup. Ct. R. 3.130-3.4(c). Lawyer also failed to comply with suspension by holding herself out as practicing attorney and never notified clients of suspension.

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Nordike v. Nordike, 2005-SC-000809-DG, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Where a Kansas child support decree was never registered in Kentucky, and no motion to modify child support was ever filed, a mother's motion requesting a Kentucky court to transfer jurisdiction over child support issues to Kentucky was not justiciable under Ky. Const. § 112(5) because it made no substantive request for relief.

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Revenue Cabinet v. GTE South, Inc., 2004-SC-000519-DG AND 2005-SC-000223-DG, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Department's initial, timely letter, which notified a telephone company of a sales tax assessment and of the amount of the assessed tax deficiency, was sufficient to satisfy the statute of limitations and to allow collection of the tax because the letter was not required to contain all five requirements of Ky. Rev. Stat. Ann. § 131.081(8).

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Southeast Coal Co. v. Mansfield, 2006-SC-000678-WC, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Because an employee sought strict compliance with the terms of a workers' compensation award, pursuant to Ky. Rev. Stat. Ann. § 342.305, the sole forum for enforcing the terms of the award was a circuit court; therefore, the ALJ lacked jurisdiction under Ky. Rev. Stat. Ann. § 342.125 to deny the employer's request to recoup an overpayment.

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Vaughn v. Commonwealth, 2005-SC-000022-DG, SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Defendant's conviction of attempted sodomy was reversed, because the trial court erred in excluding testimony by two of the victim's school teachers as to the victim's reputation for untruthfulness, as an elementary school setting qualified as a "community" under the version of Ky. R. Evid. 608 in effect prior to July 1, 2003.

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