Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments May 15 in Frankfort

Press Release Date:  Friday, May 10, 2013  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov
 


FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday, May 15, in Frankfort to hear oral arguments in cases that originated in Jessamine, Madison and Pike counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EDT in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, MAY 15, 2013

9 AM            
2012-SC-162-DG
RATLIFF, ETC. V. MERCK & COMPANY, INC.

Appellant Brief
Appellee Brief
Appellant Reply Brief
Amicus Curiae Brief

Summary: “Civil Procedure. Class Actions. CR 23.06. Issues include the requirements for certification of a class pursuant to CR 23.06 and whether Kentucky should adopt the “fraud on the market” theory in non-securities cases.”

Discretionary Review granted 11-14-2012
Pike Circuit Court, Judge Steven D. Combs

Attorneys for Appellant: Richard A. Getty and Jessica K. Case
Attorneys for Appellee: Susan J. Pope, Jessica Miller and John H. Beisner

10 AM             
2012-SC-420-DGE
MASTERS V. MASTERS

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Domestic Relations. Child Custody Modification. KRS 403.340 and .350. Issues involve whether the statutory “two affidavit” requirement, if applicable in this case, prevents a trial court from acquiring subject matter jurisdiction over a motion to modify custody.”

Discretionary Review granted 10-17-2012
Madison Circuit Court, Judge Douglas Bruce Petrie

Attorney for Appellant: Rebecca Novak Ashman
Attorney for Appellee: Crystal L. Osborne 

11 AM            
2011-SC-668-DG
J P MORGAN CHASE BANK, N.A. V. BLUEGRASS POWERBOATS, ET AL.

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Arbitration. Issues include whether a trial court, having stayed a civil action and ordered arbitration, retains authority to vacate that order after the arbitrator has dismissed the claim “with prejudice.”

Discretionary Review granted 4-18-2012
Jessamine Circuit Court, Judge C. Hunter Daugherty

Attorneys for Appellant: Dustin Elizabeth Meek and Katherine Ellen McKune
Attorney for Appellees: F. J. Anderson

Note: Justice Scott is recused. Oral arguments rescheduled from February 13, 2013.