Kentucky Court of Justice
Court of Appeals to hear cases from Fayette, Jefferson, Kenton and Laurel counties Oct. 25-27 in Louisville
FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear a criminal case on appeal from Laurel County and civil cases on appeal from Fayette, Jefferson and Kenton counties when it convenes Tuesday-Thursday, Oct. 25-27, at the Jefferson County Judicial Center in Louisville. Proceedings are open to the public and will take place in the Appellate Courtroom on the 10th floor of the judicial center at 700 W. Jefferson St.
A three-judge panel comprised of Court of Appeals Judges Denise G. Clayton, Janet L. Stumbo and Kelly Thompson will hear oral arguments at 11 a.m. EDT today in The New Lexington Clinic v Gregory Cooper (M.D.) on appeal from Fayette County. Judge Stumbo will preside. The panel will hear Brandon True v Fath Bluegrass Manor Apartment on appeal from Kenton County at 11:45 a.m. EDT. Judge Thompson will preside.
Judge Thompson, Court of Appeals Judge Michael Caperton and Senior Judge Joseph E. Lambert will hear oral arguments at 10 a.m. EDT Wednesday in an identity theft case on appeal from Laurel County, Christine Goss v Commonwealth of Kentucky. Judge Thompson will preside.
Judge Caperton and Court of Appeals Judges Christopher Shea Nickell and Thomas B. Wine will hear arguments in several Jefferson County civil cases starting at 10:45 a.m. EDT Thursday. Judge Caperton will preside in the first case of the day and Judge Wine will preside in the others.
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.
LOUISVILLE DOCKET
TUESDAY, OCT. 25, 2011
11 AM
2010-CA-001128
THE NEW LEXINGTON CLINIC v GREGORY COOPER (M.D.) ET. AL
2010-CA-001129
THE NEW LEXINGTON CLINIC v MICHAEL MCKINNEY (M.D.) ET. AL
2010-CA-001182
MICHAEL MCKINNEY ET AL. v THE NEW LEXINGTON CLINIC, P.S.C. (CROSS-APPEAL)
2010-CA-001183
GREGORY COOPER ET. AL v THE NEW LEXINGTON CLINIC, P.S.C. (CROSS-APPEAL)
Summary: Civil. These appeals are from the Circuit Court’s summary judgment. The original case involved an action to recover damages for a violation of fiduciary duties by the director and other employees of a medical clinic after the director set up a competing medical clinic staffed with employees of The New Lexington Clinic. The issues in the appeal are whether the trial court erred in holding that provisions of KRS 271B.8-300 have supplanted the common law actions for breach of fiduciary duty and whether the appellant has a cause of action for tortious interference of contract. To see all of the parties and attorneys in these appeals and cross-appeals, input the case numbers on the Court of Appeals cases page – Court of Appeals cases.
Fayette County judge who presided in the case – Judge Kimberly Nell Bunnell
11:45 AM 2010-CA-001784
BRANDON TRUE v FATH BLUEGRASS MANOR APARTMENT
Summary: Civil. This appeal is from a summary judgment in a landlord-tenant dispute involving injuries sustained due to a fall through a defective balcony railing. Appellant Brandon True urges a review in light of the recent Supreme Court decision in Kentucky River Medical Center v McIntosh, 319 S.W.3d 385 (Ky. 2010). He argues that the landlord had a duty to repair the balcony carefully and prudently and, therefore, that the case involves an issue for a jury’s consideration.
Kenton County judge who presided in the case – Judge Martin J. Sheehan
Appellant’s attorney: Randy Blankenship
Appellee’s attorney: Robert Thumann
WEDNESDAY, OCT. 26, 2011
10 AM 2010-CA-000298
CHRISTINE GOSS v COMMONWEALTH OF KENTUCKY
Summary: Criminal. Appellant Christine Goss was convicted of identity theft. She argues that the trial court erred by not directing a verdict for insufficient evidence. Judge Thompson will preside.
Laurel County judge who presided in the case – Judge John Knox Mills
Appellant’s attorneys: Lucas Joyner and Mary Leichty
Appellee’s attorneys: Jack Conway and Jason Moore
THURSDAY, OCT. 27, 2011
10:45 AM
2010-CA-001185
VIRGIN MOBILE USA, L.P. v COMMONWEALTH OF KENTUCKY ON BEHALF OF (COMMERCIAL MOBILE RADIO SERVICE TELECOMMUNICATIONS BOARD) ET. AL
2010-CA-001266 (CROSS-APPEAL)
COMMONWEALTH OF KENTUCKY ON BEHALF OF THE COMMERCIAL (MOBILE RADIO SERVICE EMERGENCY TELECOMMUNICATIONS BOARD) v VIRGIN MOBILE USA, L.P. ET AL.
Summary: Civil. This case involves KRS 65.7261/universal service charges on cell phone connections and whether Virgin Mobile was required to collect and remit service charges as a provider of cell phone service that is prepaid. The charge is collected to support enhanced 911 service (E-911). To see all of the parties and attorneys in this appeal and cross-appeal, input the case numbers on the Court of Appeals cases page – Court of Appeals cases. Judge Caperton will preside.
Jefferson County judge who presided in the case – Judge James M. Shake
11:30 AM 2010-CA-001898
CARL LANORE v DEBORAH LANORE
Summary: Civil. Appellant Carl Lanore is appealing an order that struck the entry of appearance by his counsel and issued rulings against him in dissolution proceedings. Judge Wine will preside.
Jefferson County judge who presided in the case – Judge Stephen M. George
Appellant’s attorney: Jonathan Baird
Appellee’s attorney: Louis Winner
1:30 PM 2010-CA-002187
SHEILA ALTENSTADTER v FIBREWORKS CORPORATION
Summary: Civil. Appellant Sheila Altenstadter is appealing a summary judgment that dismissed her claims of a hostile work environment against appellee Fibreworks Corp. At issue is whether the prima facie case was sufficient. Judge Wine will preside.
Jefferson County judge who presided in the case – Judge Mary M. Shaw
Appellant’s attorney: Michael Boylan
Appellee’s attorney: Philip Eschels
Senior Judge Joseph E. Lambert
Judge Joseph E. Lambert is a senior judge assigned to the Court of Appeals and is chief judge of Kentucky’s Senior Judges Program. He became a senior judge after retiring June 27, 2008, as chief justice of the Supreme Court of Kentucky.
Judge Lambert served 22 years as a Supreme Court justice and 10 years as chief justice. He was first elected to the Supreme Court in 1986 from the 27 southeastern Kentucky counties of the 3rd Supreme Court District. He was subsequently re-elected in 1994 and 2002. He became Kentucky’s fourth chief justice in October 1998 by a vote of his fellow justices and was re-elected to two additional four-year terms as chief justice in 2002 and in 2006.
During Judge Lambert’s 10-year tenure as chief justice, the Kentucky Court of Justice made great strides in Family Court, judicial facilities, court technology, Drug Court, judicial education, pretrial services and diversity awareness. In the last decade, Kentucky has earned a national reputation for Family Court, court facilities improvement, Drug Court and many other cutting-edge initiatives.
As a justice of the Supreme Court, Judge Lambert authored more than 400 published opinions of the Court and scores of dissenting and concurring opinions. In addition, he authored more than 500 memorandum opinions. He has been a frequent lecturer at bar conferences and has authored articles for publication in scholarly journals and the Kentucky Bar Association’s Bench and Bar magazine. He has also participated in numerous national legal education events as an invited speaker or panelist. As chief justice, he was an active member of the national Conference of Chief Justices and was elected to serve on its board of directors.
In 2000, the Kentucky Bar Association named him Outstanding Judge of Kentucky. He is a former board member of the Conference of Chief Justices and a former regent of Eastern Kentucky University. He serves as board chair of the Kentucky Judicial Form Retirement Plan.
The Kentucky Department of Public Advocacy gave Judge Lambert its Public Service Award in 2006. In 2004, he received the Civil Rights Award from both the Northern Kentucky NAACP and the Lexington NAACP for his commitment to eliminating discrimination. In 2003, he was awarded the Kentucky Bar Association President’s Special Service Award. He was given the Kentucky Public Advocate Award in 2001. In 2000, the National Association of Drug Court Professionals gave him its Leadership Award.
In October 2007, U.S. Chief Justice John G. Roberts Jr. appointed Chief Justice Lambert to membership on the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States.
He holds a bachelor’s degree from Georgetown (Ky.) College and a juris doctor from the University of Louisville Brandeis School of Law, which gave him its Distinguished Alumni Award. He has received honorary doctor of laws degrees from Georgetown College, Eastern Kentucky University and Northern Kentucky University Chase College of Law.
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