In Bates v. Curtis, 2010-CA-990 (8/17/2012), the Kentucky Court of Appeals discussed the difference between a claim of wrongful use of civil proceedings and a claim of malicious prosecution. The former claim arises when there has been wrongful initiation of a civil action without probable cause and primarily for a purpose other than that of proper adjudication of the underlying claim.
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In a July 11 blog post at the main DBL blog, we discussed a recent Kentucky Supreme Court decision about a landlord's liability for a dog-bite injury caused by a tenant's dog. On August 10, 2012, the Kentucky Court of Appeals issued a decision (not yet final, designated to be published) that discusses more generally the issue of a landlord's liability for injuries off the premises caused by a tenant's negligence on the premises.
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In Keys v. Humana, Inc., No. 11-5472 (6th Cir. July 22, 2012), the Sixth Circuit held that the burden shifting framework applicable to protected-class employment discrimination litigation is an evidentiary standard that might or might not ultimately apply to the plaintiff’s burden of proof, and is therefore not subject to the Twombly/Iqbal pleading standards established in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) and Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
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