Dissolving and Winding Down the Kentucky Business Entity
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Kentucky Supreme Court Review
KENTUCKY SUPREME COURT REVIEW CLE Credit: 2.0 Friday, June 15, 2018 9:00 a.m. - 11:00 a.m. Bluegrass Ballroom I Lexington Convention Center Lexington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Kentucky Supreme Court Opinions ................................................................................. 1 Administrative Law .............................................................................................. -
Document Is Wholly Independent of the Court’S Clear-Statement Rule, Then Nothing We Have Said Disturbs It.” Id
No. 17-1318 ================================================================ In The Supreme Court of the United States --------------------------------- --------------------------------- KINDRED NURSING CENTERS LIMITED PARTNERSHIP DBA WINCHESTER CENTRE FOR HEALTH AND REHABILITATION N/K/A FOUNTAIN CIRCLE HEALTH AND REHABILITATION, et al., Petitioners, v. BEVERLY WELLNER, Individually and on Behalf of the Estate of Joe P. Wellner, Deceased, Respondent. --------------------------------- --------------------------------- On Petition For A Writ Of Certiorari To The Supreme Court Of Kentucky --------------------------------- --------------------------------- RESPONDENT’S BRIEF IN OPPOSITION --------------------------------- --------------------------------- JAMES T. G ILBERT ROBERT E. SALYER COY, GILBERT, Counsel of Record SHEPHERD & WILSON WILKES & MCHUGH, P.A. 212 North Second Street 429 North Broadway Richmond, KY 40475 P.O. Box 1747 (859) 623-3877 Lexington, KY 40588 (859) 455-3356 [email protected] Counsel for Respondent ================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i QUESTION PRESENTED In Kindred Nursing Centers Ltd. Partnership v. Wellner, 533 S.W.3d 189 (Ky. 2017), in a proceeding consistent with this Court’s mandate in Kindred Nurs- ing Centers Ltd. Partnership v. Clark, 137 S.Ct. 1421 (2017), the Kentucky Supreme Court explicitly held that its earlier interpretation of the power of attorney of Joe Wellner emanated “wholly independent of the -
The 2021-2022 Guide to State Court Judicial Clerkship Procedures
The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community. -
The Legal Process and Appellate Court Cases: Information for Non-Lawyers Prepared by Carol E
The Legal Process and Appellate Court Cases: Information for Non-Lawyers Prepared by Carol E. Jordan and LaKeysha Singleton Office for Policy Studies on Violence Against Women Each issue of THE EXCHANGE will include select recent Kentucky Supreme Court and Court of Appeals cases that can impact civil and criminal cases related to intimate partner violence/domestic violence; children who witness IPV; sexual assault; stalking; and related crimes. This document will provide information on the structure of the Kentucky Court of Justice; actions of appellate courts; parties to legal actions; statutes and case law; and types of laws and offenses. The final section provides select legal terminology. In 1974, Kentucky’s justice system was structured with police courts, county courts, quarter-session courts, and justice of the peace courts. These lower courts had little in the way of uniformity, their jurisdictions often overlapped, and law degrees were not required for their judges. Reforming the court of justice would require overcoming the politics of local control and would necessitate a Constitutional Amendment. That effort began in 1964 and after numerous fits and starts, ultimately resulted in passage of legislation in 1974. On May 27, 1975, a Constitutional Amendment was put before the voters of Kentucky. Upon its passage, a uniquely styled unified system of trial and appellate courts was established across the Commonwealth. The language of the Constitutional Amendment was codified by the 1976 General Assembly and through a series of separate House and Senate bills, county courts were changed to district courts; the Supreme Court and Court of Appeals were created; a Chief Justice was established as the executive head of the Court of Justice; and the Administrative Office of the Courts was formed. -
ED464417.Pdf
DOCUMENT RESUME ED 464 417 EA 031 655 AUTHOR LaMorte, Michael W. TITLE School Law: Cases and Concepts. Seventh Edition. ISBN ISBN-0-205-34284-1 PUB DATE 2002-00-00 NOTE 486p. AVAILABLE FROM Allyn & Bacon, A Pearson Education Company, 75 Arlington Street, Suite 300, Boston, MA 02116 ($96). Tel: 800-666-9433 (Toll Free); Web site: http://www.ablongman.com. PUB TYPE Books (010) Information Analyses (070) EDRS PRICE MF02/PC20 Plus Postage. DESCRIPTORS Civil Liberties; Constitutional Law; *Court Litigation; Due Process; Educational Finance; Elementary Secondary Education; Federal Government; Federal Legislation; Governance; Legal Problems; *Legal Responsibility; *Public Schools; School Desegregation; *School Law; State Church Separation; State Government; Student Rights; Teacher Rights ABSTRACT This book examines the sizable body of school law that outlines legally defensible decisions. A substantial part of it contains edited, reported, and verbatim decisions. Historical perspective is provided, as well as specific case and statutory law. Chapter 1 discusses sources of law for educators, state school board policies, attorneys-general opinions, and local school board policies. Chapter 2 examines the extent of a state's and local school system's authority. Chapter 3 considers student interests, including freedom of expression, discipline, privacy, appearance, pregnancy, and marriage. Chapter 4 examines teacher-related issues including nonrenewal and dismissal, freedom of expression, academic freedom, protesting, teacher bargaining, and political activities. Chapter 5 provides historical perspective for the issues of desegregation. Chapter 6 addresses the legal status of individuals with disabilities. Chapter 7 provides a historical perspective for legal attacks on the financing and adequacy of state school-finance plans. -
Expansion of Court Proceedings 2020
Supreme Court of Kentucky 2020-64 AMENDED ORDER IN RE: KENTUCKY COURT OF JUSTICE RESPONSE TO COVID-19 EMERGENCY: EXPANSION OF COURT PROCEEDINGS In addition to those rights provided by the U.S. Constitution, Section 14 of the Kentucky Constitution guarantees the citizens of this Commonwealth that “[a]ll courts shall be open, and every person for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.” In light of the declared federal and state emergencies and considering the need to balance access to the courts and the constitutional rights guaranteed to the people of this Commonwealth with the health and safety of court employees, elected officials, and the public during the COVID-19 emergency, the Supreme Court, under Section 116 of the Constitution and Supreme Court Rule 1.010, hereby orders Administrative Order 2020-44 replaced in its entirety as follows: A. JURIES 1. Postponements and Excusals. Juror qualification forms shall be reviewed prior to the first day of service and any jurors who meet the following criteria shall have their service postponed or be excused prior to reporting. a. Jurors who are ill or in a high-risk category or are caring for someone who is ill or in a high-risk category shall have their jury service postponed to a later date. The court should document the reason as COVID-19 for the postponement of service. b. Jurors who are unable to wear a facial covering because doing so would pose a serious threat to their health or safety shall have their jury service postponed to a later date. -