Jackson v. Mackin - appeal to Kentucky Court of Appeals from dismissal of complaint filed against Michael Mackin, a property owner who sold a decrepit home that was in shambles to June Jackson who is blind. The trial court dismissed Ms. Jackson's complaint based upon her failure to file for arbitration as required by the standard Sales and Purchasing Contract entered into for the purchase of the subject home. The 3 judge panel unanimously ruled, after oral argument, that Mr. Mackin voluntarily waived his right to arbitration because the issue was not raised during discovery. Mr. Mackin waited until shortly before the trial to raise the issue. The Court of Appeals reversed and remanded the case to the trial court for legal proceedings on the merits of the claim.
[To Be Published] No. 2008-CA-000344-MR (Ky.App. 2009).
Wadlington v. Rolshouse - opinion from federal district court denying defendant lawyer's motion to dismiss legal malpractice claim. The out of state lawyer claimed the court lacked personal jurisdiction over him due to the fact he practiced law in Minnesota from where he failed to advise his Kentucky client of the applicable statute of limitations in Kentucky related to the underlying medical malpractice claim.
[Full Opinion] LEXIS 29071 (W.D. Ky. 2008)
Ford v. Louisville Jefferson County Metro Gov't, LEXIS 83489 (W.D. Ky 2007) - opinion from federal district court denying City's motion for summary judgment which claimed a female's constitutional rights were not violated during a strip search.
[Full Opinion] LEXIS 83489 (W.D. Ky. 2007)
Wright v. Louisville Jefferson County Metro Gov't. - appeal to 6th Circuit from summary judgment granted to City in excessive use of force case brought pursuant to 42 U.S.C. § 1983 where man was shot in the foot by a police officer who was attempting to shoot a pit bull puppy during a search of an apartment.
[Full Opinion 1, Full Opinion 2] LEXIS 19722 (6th Cir. 2006)
Martin v. SITC, Inc. - opinion from federal district court addressing lack of personal jurisdiction over a parent company where both parent and subsidiary corporations were defendants in a negligent prescription case involving methadone and the death of a child.
[Full Opinion] LEXIS 15293 (W.D. Ky. 2004).
Mulhall v. F.B.I. - appeal to 6th Circuit from summary judgment granted to the FBI who ran the Louisville Fugitive Task Force which employed officers from the county and city. County officer Mulhall alleged Title VII retaliation because he was a witness for an FBI Special Agent in her own discrimination case.
[Full Opinion] 287 F.3d 543 (6th Cir. 2002).
Ferguson v. City of Louisville - opinion from federal district court granting partial summary judgment to the Jefferson County Police Department and United States Secret Service regarding the alleged unlawful search and seizure of Mr. Ferguson, who was misidentified as a counterfeiter.
[Full Opinion] 199 F.Supp.2d 625 (W.D. Ky. 2002).
Kirk v. Watts - appeal to Kentucky Court of Appeals from summary judgment granted to Watts, the lawyer who formerly represented Ms. Kirk in bankruptcy where Watts told the client not to list her sexual harassment case as an asset. As a result Ms. Kirk lost her sexual harassment case to the bankruptcy. The Court of Appeals reversed the trial court’s summary judgment and remanded the case back to the trial court.
[Full Opinion] 62 S.W.3d 37 (Ky.App. 2001).
Barton v. United Parcel Service, Inc. - opinion from federal district court allowing hostile environment claim of Ms. Barton to the jury where she was subjected to ongoing sexual harassment by coworkers despite repeated complaints to her supervisors.
[Full Opinion] 175 F.Supp.2d 904 (W.D. Ky. 2001).
Good v. MMR Group, Inc., - opinion from federal district court granting summary judgment to employer on the basis it took effective corrective action.
[Full Opinion] LEXIS 20036 (W.D. Ky. 2001)
Effinger v. Philip Morris, Inc. - opinion from federal district court granting partial summary judgment to supervisors of female employee in a sexual harassment suit because both the Kentucky and federal Civil Rights Acts did not invoke individual agent liability.
[Full Opinion] 984 F. Supp. 1043 (W.D. Ky. 1997)
Roy v. Russell County Ambulance Service - opinion from federal district court allowing plaintiff, Roy, to amend and broaden her employment discrimination claim against her employer, a local ambulance service.
[Full Opinion] 809 F.Supp. 517 (W.D. Ky. 1992).
