SEPTEMBER 2013 ORAL ARGUMENT CALENDAR
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1 UPDATED: 8/27/2013 SEPTEMBER 2013 ORAL ARGUMENT CALENDAR Page 0 of 7
2 Updated 08/27/2013 SEPTEMBER, 2013 THERE WILL BE NO COURT MEETING SEPTEMBER 05, :00 P.M. EST, CONVENING COURT INVESTITURE OF JUDGE ALLISON E. JONES CAMPBELL COUNTY COURTHOUSE 330 YORK STREET, NEWPORT, KENTUCKY SEPTEMBER 11, :00 P.M. (FRANKFORT TIME) MOTION PANEL, CHIEF JUDGE ACREE, PJ, JUDGE JONES AND JUDGE STUMBO. PHONE NUMBERS WHERE PANEL MEMBERS CAN BE REACHED WHEN ORAL ARGUMENTS SCHEDULED: FRANKFORT Contact Mary Zagale - (502) LOUISVILLE Contact Melanie Montgomery - (502)
3 LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE: Tuesday, September 10, :45 AM PJ: MAZE, HON. IRV CLAYTON, HON. DENISE G. NICKELL, HON. C. SHEA 2012CA KINDRED HEALTHCARE, INC. v ARTIE CHEROLIS Appeal from denial of motion to compel arbitration. Scope and extent of Ping v. Beverly Enterprises, 376 S.W.3d 581 (Ky. 2012); Use of general POA to bind competent principal to arbitration; Federal pre-emption of Kentucky Arbitration Act; state constitutional issues re enforcement of contracts. DAVIESS COUNTY HON JOSEPH W CASTLEN AHRENS, JAN LOMOND, KRISTIN MILLER, DONALD II KINDRED HEALTHCARE, INC. SALYER, ROBERT WILANDER, CARL CHEROLIS, ARTIE Page 1 of 7
4 LOCATION: 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Wednesday, September 11, :30 PM PJ: STUMBO, HON. JANET L. CAPERTON, HON. MICHAEL O. DIXON, HON. DONNA L. 2012CA TAX EASE LIEN INVESTMENTS 1, LLC v DALLAS MARTIN Appeal from suit to enforce tax lien. Issue is whether mobile homes that have not been converted to real property via KRS 186A.297 are subject to the lien on real property. LINCOLN COUNTY HON JEFFREY T BURDETTE SCHWARTZ, RYAN TAX EASE LIEN INVESTMENTS 1, LLC KLEINERT, MATTHEW DAY, DARYL MARTIN, DALLAS MARTIN, SANDRA GREEN TREE FINANCIAL SERVICING CORPORATION LINCOLN COUNTY, KENTUCKY MARTIN, DALLAS MARTIN, SANDRA Page 2 of 7
5 LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Wednesday, September 11, :00 PM PJ: STUMBO, HON. JANET L. CAPERTON, HON. MICHAEL O. DIXON, HON. DONNA L. 2012CA NORTHERN KENTUCKY AREA PLANNING COMMISSION v RUSSELL CLOYD Appeal from Jury verdict awarding damages in whistleblower case. Issues include whether the trial court erred in excluding evidence of prior whistleblower action filed by Appellee and evidence that Appellee acted in bad faith in filing complaints alleged to have been the basis of firing. Other errors asserted are that instructions were incomplete and damages were miscalculated by the trial court. KENTON COUNTY HON PATRICIA M SUMME REED, JASON NORTHERN KENTUCKY AREA PLANNING COMMISSION GREENE, ANGELA KENYON, J. SCOTT, KENNETH CLOYD, RUSSELL 12:45 PM PJ: STUMBO, HON. JANET L. CAPERTON, HON. MICHAEL O. DIXON, HON. DONNA L. 2012CA OHIO CASUALTY INSURANCE COMPANY v WELLINGTON PLACE COUNCIL Appeal from decision on coverage issue. Whether trial court erred in refusing to apply Cincinnati Ins. Co. v. Motorists Mut. Ins. Co., 306 S.W.3d 69 (KY. 2010) under theory of estoppel and/or waiver. CAMPBELL COUNTY HON JULIE REINHARDT WARD DUNN, JOHN MAESTLE, SHAWN RISPO, RONALD TAYLOR, RANDY OHIO CASUALTY INSURANCE COMPANY ARNZEN, MARK VANDERLAAN, AARON WELLINGTON PLACE COUNCIL Page 3 of 7
6 LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Thursday, September 19, :30 PM PJ: TAYLOR, HON. JEFF S. ACREE, HON. GLENN E. MAZE, HON. IRV 2012CA RICHARD BISHOP v ALLIANCE BANKING COMPANY Whether circuit court erred by granting summary judgment in favor of appellee determining that appellee held first priority and superior lien on equipment. ESTILL COUNTY HON THOMAS P. JONES HALE, DONNA BISHOP, RICHARD FUGITT, ROY ALLIANCE BANKING COMPANY Page 4 of 7
7 LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,FRANKFORT, KENTUCKY DATE: Thursday, September 19, :00 AM PJ: TAYLOR, HON. JEFF S. ACREE, HON. GLENN E. COMBS, HON. SARA W. 2013CA ST. ELIZABETH HEALTHCARE v WILLIAM GENTER Whether ALJ erred by failing to address the pre-existing active verses dormant issue by dismissing claim on a technicality. WORKERS COMP BURKE, RILEY ST. ELIZABETH HEALTHCARE MASSEY, C. RUDLOFF, WILLIAM LOVAN, DWIGHT GENTER, WILLIAM RUDLOFF, WILLIAM WORKERS' COMPENSATION BOARD ORAL ARGUMENT PREVIOUSLY SCHEDULED 09/19/2013 AT 2:15 PM IN FRANKFORT, KENTUCKY. Page 5 of 7
8 LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE: Monday, September 30, :00 PM PJ: VANMETER, HON. LAURANCE B. LAMBERT, HON. JAMES H. MOORE, HON. JOY A. 2012CA ANN PATMON v LANIER HOBBS Busines organizations: liability of managing member of LLC to LLC and other members for diverting business opportunities; failure of trial court to award damages in excess of money diverted. JEFFERSON COUNTY MCTIGHE, CHADWICK RAMSEY, IAN HON MITCHELL PERRY PATMON, ANN FORE, F. WHITTLE, SARAH HOBBS, LANIER 01:45 PM PJ: MOORE, HON. JOY A. LAMBERT, HON. JAMES H. VANMETER, HON. LAURANCE B. 2012CA BILLY R. BOWMAN v COMMONWEALTH OF KENTUCKY Criminal: Appeal from revocation of conditional discharge. CALLOWAY COUNTY HON CRAIG Z CLYMER COHEN, RACHEL GARRISON, ROBERT STAPLES, AMY BOWMAN, BILLY CONWAY, JACK FRYMAN, HEATHER COMMONWEALTH OF KENTUCKY Page 6 of 7
9 LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE: Monday, September 30, :30 PM PJ: MOORE, HON. JOY A. LAMBERT, HON. JAMES H. VANMETER, HON. LAURANCE B. 2012CA WANDA MCGUIRE v LORILLARD TOBACCO COMPANY Civil: Appeal from a jury verdict in an exposure to asbestos case; issues on appeal include alleged evidentiary errors and failure to properly instruct the jury. JEFFERSON COUNTY FARINAS, KATHLEEN GEORGE, LINDA KELLEY, PAUL SALES, KENNETH SATTERLEY, JOSEPH HON CHARLES L. CUNNINGHAM MCGUIRE, WANDA EDWARDS, RICHARD JOHNSTON, TIMOTHY MCELANEY, ANDREW JR STOPHER, EDWARD HOLLINGSWORTH & VOSE COMPANY BERGER, JAMES CEDILLO, RICHARD GUILLORY, ANNE SCHAEFER, DAVID LORILLARD TOBACCO COMPANY 40 MINUTE ORAL Page 7 of 7
10 Updated 08/27/2013 SEPTEMBER, 2013 THERE WILL BE NO COURT MEETING SEPTEMBER 05, :00 P.M. EST, CONVENING COURT INVESTITURE OF JUDGE ALLISON E. JONES CAMPBELL COUNTY COURTHOUSE 330 YORK STREET, NEWPORT, KENTUCKY SEPTEMBER 11, :00 P.M. (FRANKFORT TIME) MOTION PANEL, CHIEF JUDGE ACREE, PJ, JUDGE JONES AND JUDGE STUMBO. PHONE NUMBERS WHERE PANEL MEMBERS CAN BE REACHED WHEN ORAL ARGUMENTS SCHEDULED: FRANKFORT Contact Mary Zagale - (502) LOUISVILLE Contact Melanie Montgomery - (502)
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2016-CA MR NOT TO BE PUBLISHED BOYD 2016-CA MR NOT TO BE PUBLISHED KENTON ESTILL 2016-CA MR NOT TO BE PUBLISHED JEFFERSON
PAGE 1 of 10 971 RIGGS (CECIL) IMES (SUSAN) IN PART, REVERSING IN PART, AND REMANDING WITH DIRECTIONS TAYLOR (PRESIDING JUDGE) CLAYTON AND KRAMER 972 MEITZEN (IAN), ET AL. KENTUCKY BOARD OF ADJUSTMENT,
LETCHER 2015-CA MR NOT TO BE PUBLISHED PIKE 2016-CA MR TO BE PUBLISHED BOYD 2016-CA MR NOT TO BE PUBLISHED PIKE
PAGE 1 of 8 1015 SLOAS (CHRISTOPHER GENE) TAYLOR (CONCURS IN RESULT ONLY) AND JONES (CONCURS IN RESULT ONLY) 1016 PURDUE PHARMA L.P., BOSTON GLOBE LIFE SCIENCES MEDIA, LLC, D/B/A STAT ACREE (PRESIDING
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LAUREL 2016-CA MR 2016-CA MR NOT TO BE PUBLISHED CAMPBELL 2017-CA MR NOT TO BE PUBLISHED PULASKI
PAGE 1 of 8 786 ROBB (DOUGLAS) ROBB (CONSTANCE) THOMPSON (PRESIDING JUDGE) CLAYTON AND MAZE 787 KAUFMAN (JEANNIE) KRAMER (PRESIDING JUDGE) CLAYTON AND NICKELL 788 GILMORE (SHERRY) OPINION REVERSING AND
KENTON 2011-CA MR 2012-CA MR NOT TO BE PUBLISHED DAVIESS 2012-CA MR NOT TO BE PUBLISHED HARDIN
PAGE 1 of 10 820 SANITATION DISTRICT NO. 1 ARNSPERGER (AARON), ET AL. NICKELL (PRESIDING JUDGE) LAMBERT AND TAYLOR 821 KOTAREK (JEFFREY) NICKELL (PRESIDING JUDGE) CLAYTON AND MAZE 822 LEWIS (GARY), ET
MUHLENBERG 2012-CA MR 2012-CA MR NOT TO BE PUBLISHED JEFFERSON 2012-CA MR NOT TO BE PUBLISHED GREENUP
PAGE 1 of 10 763 DEBOER (HOLLY R.) DEBOER (DOUGLAS K.) NICKELL (PRESIDING JUDGE) CLAYTON AND MAZE 764 MILES (TERRANCE) OPINION REVERSING AND REMANDING THOMPSON (PRESIDING JUDGE) COMBS AND LAMBERT 765 HARTMAN
FRANKLIN 2016-CA MR NOT TO BE PUBLISHED BOONE 2016-CA MR NOT TO BE PUBLISHED HARDIN 2017-CA MR NOT TO BE PUBLISHED MUHLENBERG
PAGE 1 of 6 815 MEEKS (BRIAN) DEPARTMENT OF CORRECTIONS D. LAMBERT (PRESIDING JUDGE) NICKELL AND KRAMER (CONCURS IN RESULT ONLY) 816 SEXTON (RODNEY DALE) DIXON (PRESIDING JUDGE) ACREE AND THOMPSON (DISSENTS
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2013-CA MR NOT TO BE PUBLISHED MARSHALL 2013-CA MR NOT TO BE PUBLISHED GRANT HARDIN 2014-CA MR NOT TO BE PUBLISHED BULLITT
PAGE 1 of 10 24 KINDRED NURSING CENTERS LIMITED PARTNERSHIP, ET AL. POWELL (TERRELL), AS ADMINISTRATRIX OF THE ESTATE OF VIRGINIA WELLS, DECEASED, ET AL. THOMPSON (PRESIDING JUDGE) STUMBO AND VANMETER
MARSHALL 2016-CA MR NOT TO BE PUBLISHED FAYETTE 2016-CA MR TO BE PUBLISHED BOYD 2016-CA MR TO BE PUBLISHED BOONE
PAGE 1 of 9 834 MOORE (JILLIAN LEIGH) MOORE (MITCHELL LEE) TAYLOR (PRESIDING JUDGE) CLAYTON AND KRAMER 835 SIDEBOTTOM (MICHAEL) WATERSHED EQUINE, LLC OPINION VACATING AND REMANDING D. LAMBERT (PRESIDING
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PAGE 1 of 10 49 BOWMAN (JAMES L.), JR. FIFTH THIRD MORTGAGE COMPANY, ET AL. NICKELL (PRESIDING JUDGE) JOHNSON AND STUMBO 50 COBLENTZ (WILLIAM), ET AL. DAY (GEORGE) OPINION REVERSING AND REMANDING NICKELL
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PAGE 1 of 10 185 DIVERSICARE LEASING CORP., D/B/A WEST LIBERTY NURSING & REHABILITATION CENTER, ET AL. STEVENS (MICHAEL), ADMINISTRATOR OF THE ESTATE OF VIOLA STEVENS, DECEASED CLAYTON (PRESIDING JUDGE)
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