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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 ............................................................................................... 1 Arbitration ............................................................................................................ 1 Attorney Discipline ............................................................................................... 2 Attorney Fees .................................................................................................... 12 Board of Claims ................................................................................................. 12 Certification of Law ............................................................................................ 12 Civil Procedure .................................................................................................. 13 Class Action ....................................................................................................... 14 Contracts ........................................................................................................... 14 Criminal Law ...................................................................................................... 17 Defeasible Easement ......................................................................................... 35 Due Process ...................................................................................................... 35 Family Law ........................................................................................................ 35 Governmental Immunity ..................................................................................... 36 Insurance ........................................................................................................... 37 Negligence ........................................................................................................ 38 Nuisance ........................................................................................................... 38 Open Meetings .................................................................................................. 39 Open Records ................................................................................................... 40 Paternity ............................................................................................................ 40 Prison Discipline ................................................................................................ 41 Qualified Immunity ............................................................................................. 41 Real Estate ........................................................................................................ 42 Sovereign Immunity ........................................................................................... 43 Tax .................................................................................................................... 45 Torts .................................................................................................................. 45 Workers' Compensation ..................................................................................... 47 Writ of Prohibition .............................................................................................. 52 Wrongful Death .................................................................................................. 52 THE PRESENTERS William R. Garmer Gramer & Prather, PLLC 141 North Broadway Lexington, Kentucky 40507 WILLIAM R. GARMER is the managing partner of Garmer & Prather, PLLC in Lexington. He received his B.A. from the University of Kentucky and his J.D. from the University of Kentucky College of Law. Prior to attending law school Mr. Garmer served on Active Duty in the United States Air Force as a Staff Sergeant. Upon his admission to the Kentucky Bar, he served for two years as a Law Clerk to Hon. B.T. Moynahan, Jr., Chief Judge of the United States District Court for the Eastern District of Kentucky. He is a member of the Kentucky and American Bar Associations, as well as the American College of Trial Lawyers (Fellow), American Justice Association, and Southern Trial Lawyers Association. He has served as president, vice president, secretary and treasurer of the Kentucky Justice Association and was the recipient of its 1998 Trial Lawyer of the Year Award. Mr. Garmer currently serves as the president of the Kentucky Bar Association as well as on the Board of Governors of the Prichard Committee for Academic Excellence. He is a member of the University of Kentucky College of Law Hall of Fame. R. Kenyon Meyer Dinsmore & Shohl 500 West Jefferson Street, Suite 1400 Louisville, Kentucky 40202 R. KENYON MEYER is a partner in the Litigation Department and the Office Managing Partner of Dinsmore & Shohl's Louisville office. His practice involves litigation of business and employment disputes, the representation of plaintiffs and defendants in legal, accounting, and other professional malpractice cases, and the representation of employers and employees in government investigations and prosecutions. He received his B.A. from the University of Notre Dame and his J.D. from the Brandeis School of Law at the University of Louisville. Mr. Meyer is a past recipient of the Pro Bono Award conferred by the Louisville Bar Association. He is a member of the Louisville, Kentucky, and American Bar Associations, and belongs to the Litigation Section of the American Bar Association. In addition, Mr. Meyer is a member of the Kentucky and National Associations of Criminal Defense Lawyers and serves on the Board of Directors of the Children's Law Center, Inc. and on the Judicial Nominating Commission for the 30th Judicial Circuit. i Representative Jason M. Nemes Nemes Eade, PLLC 914 Lily Creek Road, Suite 201 Louisville, Kentucky 40243 REPRESENTATIVE JASON M. NEMES practices at the law firm of Nemes Eade, PLLC in Louisville. He is also a member of the Kentucky House of Representatives, where he represents portions of eastern Jefferson County and southern Oldham County. In the General Assembly, Mr. Nemes oversees the Court of Justice's and Justice Cabinet's budgets as chair of the House Budget Review Subcommittee on Justice, Public Safety, & Judiciary. He also serves as a member of the Appropriations & Revenue; Judiciary; Elections, Constitutional Amendments & Intergovernmental Affairs; and, State Government committees. Prior to practicing law, Mr. Nemes served as the chief of staff to the Office of the Chief Justice of the Commonwealth of Kentucky and the director of the Administrative Office of the Courts. He graduated from Western Kentucky University and the University of Louisville School of Law, where he has served periodically as an adjunct professor. Lori B. Shelburne Gess, Mattingly & Atchison, PSC 201 West Short Street Lexington, Kentucky 40507 LORI B. SHELBURNE is a member with Gess, Mattingly & Atchison, PSC in Lexington, Kentucky. Ms. Shelburne concentrates her practice in all areas of family law. Prior to joining Gess, Mattingly & Atchison, she worked as an Assistant Fayette County Attorney as a prosecutor of interstate child support matters. Ms. Shelburne received her B.A. from Transylvania University, cum laude, and her J.D. from the University of Kentucky College of Law. She is a fellow with the American Academy of Matrimonial Lawyers and a past chair of the Domestic Relations Section of the Fayette County Bar Association. Ms. Shelburne is a member of the Fayette County and Kentucky Bar Associations, as well as the American Academy of Matrimonial Lawyers. ii J. Guthrie True True Guarnieri Ayer, LLP 124 West Clinton Street Frankfort, Kentucky 40601 J. GUTHRIE TRUE is a partner with True Guarnieri Ayer, LLP in Frankfort, where he practices in the areas of white collar criminal defense, complex civil litigation, administrative law, plaintiff's personal injury, products liability, and medical negligence, as well as other complex litigation in federal and state court. He received his B.S. (summa cum laude) from Georgetown College and his J.D. from
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