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   State Courts - Kentucky - December 21, 2006

  
Bertram v. Ky. Bar Ass'n, 2006-SC-000044-KB, SUPREME COURT OF KENTUCKY, December 21, 2006, Entered
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Overview: An attorney who had been suspended from practicing law after being convicted of drug-related crimes was conditionally readmitted under Ky. Sup. Ct. R. 3.510. The Character and Fitness Committee had found that he had complied with the terms of his suspension and manifested contrition, and the Board of Governors had voted to approve the application.

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Dowell v. Safe Auto Ins. Co., 2005-SC-000153-DG, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered
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Overview: Summary judgment entered in favor of the insurer was reversed because the additional language in the insurer's policy issued to the insured indicated that it would extend coverage to hit-and-run accidents and that the coverage thus went beyond the scope of that required by Ky. Rev. Stat. Ann. § 304.20-020, the UM statute.

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Jefferson County Pub. Sch. v. Stephens, 2006-SC-0320-WC, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered
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Overview: Though employer rebutted presumption that claimant's unexplained work-place fall was work-related, there remained a permissible inference that it was work-related. This inference, plus ALJ's finding that the fall was not due to presyncope and was not idiopathic, constituted substantial evidence that the fall arose out of the claimant's employment.

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Ky. Bar Ass'n v. Craft, 2006-SC-000258-KB, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered , December 21, 2006, Entered
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Overview: The court dismissed disciplinary charges against an attorney. It was improper to apply the Rules of Professional Conduct to him at a time when he was not licensed, violating orders of resignation, or practicing law without a license, and he was prejudiced by the lack of testimony from former clients as to matters they had personally experienced.

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Ky. Bar Ass'n v. Roney, NO. 2006-SC-000694-KB, SUPREME COURT OF KENTUCKY, December 21, 2006, Entered
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Overview: Lawyer was disbarred for violation of, inter alia, Ky. Sup. Ct. R. 3.130(1.16)(d), arising from misconduct in four separate cases in which he took fee payments from clients and performed no work, failed to return the payments, took, and failed to repay, a loan from a client, and falsely informed a client that he filed motion on his behalf.

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Ky. Bar Ass'n v. Woods, NO. 2006-SC-000749-KB, SUPREME COURT OF KENTUCKY, December 21, 2006, Entered
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Overview: Based on an attorney's demonstrated pattern of disturbingly unprofessional conduct, both as a judge and as an attorney, and his violation of Ky. Sup. Ct. R. 33.130(5.5)(a), (3.3)(a)(1), (2), (8.3)(c), (8.1)(b), the attorney was suspended from the practice of law for five years.

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Moore v. Globe Am. Cas. Co., 2005-SC-000544-DG, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered
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Overview: There was no fault with the organization and structure of an insurer's application for its policy pursuant to Ky. Rev. Stat. Ann. § 304.20-020(1) as the application contained blocks for UM/UIM coverage which could have been appropriately rejected. A trial court's finding that a vehicle owner rejected UM/UIM coverage under was proper.

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Pile v. City of Brandenburg, 2005-SC-0047-DG, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered
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Overview: Summary judgment granted in favor of a city and a police officer was reversed because the police officer was negligent when he left the cruiser running with the keys in it and a handcuffed prisoner in the back, in violation of Ky. Rev. Stat. Ann. § 189.430, and the prisoner caused the fatal accident when he was able to take the car.

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Williams v. Commonwealth, 2004-SC-1006-DG, SUPREME COURT OF KENTUCKY, December 21, 2006, Rendered
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Overview: Defendant's conviction for three counts of rape in violation of Ky. Rev. Stat. Ann. § 510.060 was reversed because the jury should have been instructed on the lesser-included-offense of attempted rape when there was evidence that defendant never actually had intercourse with the 14-year-old juvenile.

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