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| Ky. Bar Ass'n v. Johns, 2007-SC-000344-KB,
SUPREME COURT OF KENTUCKY, November 1, 2007, Entered
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Overview: Under Ky. Sup. Ct. R. 3.370(10), a decision of the Board of Governors of the Kentucky Bar Association was adopted and attorney was permanently disbarred from the practice of law as Board found attorney guilty of 48 separate violations of Kentucky Rules of Professional Conduct, and court saw no reason to initiate a review of Board's recommendation.
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| Queensway Fin. Holdings Ltd. v. Cotton & Allen, P.S.C., 2004-SC-000254-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Where a buyer alleged that an accounting firm was negligent in auditing an insurance company before the buyer purchased the insurance company, the suit was untimely under Ky. Rev. Stat. Ann. § 413.245 because, inter alia, the buyer should have known of its cause of action based on deficient loss reserves when it completed its purchase.
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| Rankins v. Commonwealth, 2005-SC-000690-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Statements given by assault victim to officer were inadmissible because they were testimonial, and Sixth Amendment prohibited their admission even though they may have met hearsay exception. In giving statements, victim did not tell the officer "what is happening," but, rather, told the officer "what happened," recounting defendant's assault.
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| Russellville Warehousing v. Bassham, 2006-SC-000885-WC,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Where an employee and his widow were awarded workers' compensation benefits for manganese toxicity, but an autopsy report found evidence of Creutzfeldt-Jakob disease, an ALJ properly denied the employer's motion to reopen because the report was not newly discovered evidence and there was no "mistake" under Ky. Rev. Stat. Ann. § 342.125.
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| Shaver v. Ky. Bar Ass'n, 2007-SC-000311-KB,
SUPREME COURT OF KENTUCKY, November 1, 2007, Entered
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Overview: An attorney was restored to Kentucky Bar Association membership and the practice of law in the Commonwealth of Kentucky, under Ky. Sup. Ct. R. 3.500(1), because there were no disciplinary matters pending against the attorney, the attorney's application satisfied all legal requirements for restoration, and there were no impediments to restoration.
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| Shelby Motor Co. v. Quire, 2006-SC-000884-WC,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Intermediate court's order was reversed as workers' compensation claimant abandoned claim that TTD benefits paid after 2003 injury tolled limitations periods for 2002 and 2003 injuries. 2002 incident caused permanent injury, but Ky. Rev. Stat. Ann. § 342.185 barred claim for 2002 injury. 2003 incident caused temporary exacerbation of 2002 injury.
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| Univ. of Ky. Family Practice v. Leach, 2007-SC-000051-WC,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Because the repetitive motions required by a claimant's job exacerbated her preexisting condition, she sustained an injury under Ky. Rev. Stat. Ann. § 342.0011; further, because work performed within two years before the filing date aggravated the condition, the claim was timely under Ky. Rev. Stat. Ann. § 342.185.
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| Welch v. Commonwealth, 2005-SC-000279-MR AND 2005-SC-000806-MR,
SUPREME COURT OF KENTUCKY, November 1, 2007, Reissued
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Overview: Defendant's first-degree manslaughter, first-degree robbery, and tampering with physical evidence convictions were vacated because the trial court violated Ky. R. Crim. P. 9.74 by answering a jury's request for testimony, and, especially, by telling it that one of the crimes' elements was established, all without defendant or his counsel present.
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| Williams v. Ky. Bar Ass'n, 2007-SC-000499-KB,
SUPREME COURT OF KENTUCKY, November 1, 2007, Entered
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Overview: Attorney was voluntarily permanently disbarred as he admitted to violating Ky. Sup. Ct. R. 3.130-1.2, 3.130-1.3, 3.130-1.4(a), 3.130-1.4(b), 3.130-1.5(a), 3.130-1.15(a), 3.130-1.15(b), 3.130-1.16(d), 3.130-3.2, 3.130-3.3(a)(1), 3.130-3.4(c), 3.130-4.4, 3.130-5.5(a), 3.130-8.1(a), 3.130-8.1(b), 3.130-8.3(b), and 3.130-8.3(c).
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