Attorney's fees that are recoverable pursuant to a statute or contract should be distinguished from a cost that may be recovered by a prevailing party under Rule 54.04 in a supplemental judgment.
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Confusion sometimes arises in appeals in which there are co-parties as to whether each co-party is entitled to file its own appellate brief, or whether the co-parties must jointly submit one brief.
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By Kentucky statute, either party may request that the jury be polled after its verdict is announced. See KRS 29A.320(3)(d). While the pertinent federal civil rule provides that either party may request a poll, it also provides that the trial court may poll the jury sua sponte.
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The rule against splitting causes of action requires litigants to bring all their claims arising out of the same transactional nucleus of facts in the same civil action. It is an equitable rule and a subsidiary of the doctrine of res judicata.
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In a recent case, Taylor v. Kentucky Unemployment Insurance Commission, 382 S.W.3d 826, 833 (Ky. 2012), the Kentucky Court of Appeals noted the distinction between certification and verification for purposes of a civil action challenging denial of an unemployment claim.
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In Bridgefield Cas. Ins. Co. v. Yamaha Motor Mfg. Corp. of America, 385 S.W.3d 430 (Ky. App. 2012), the Kentucky Court of Appeals held that a workers' compensation insurance carrier having a subrogation interest for benefits paid for injuries to an injured claimant allegedly caused by a defective product is bound by the same statute of limitations as the injured claimant.
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The Kentucky Supreme Court issued an Order in October (Order 2012-10) amending several of the Kentucky Rules of Civil Procedure, most notably including CR 45, which governs civil subpoenas. The amendments become effective January 1, 2013. Amendments to CR 45.01(1) and (2) clarify that subpoenas may now be issued solely for document production without deposition testimony from the person who
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In Collins v. Braden, 2011-SC-000770, 2012 WL 5285717 (Ky. 2012), http://opinions.kycourts.net/sc/2011-SC-000770-MR.pdf, the Kentucky Supreme Court reversed a writ of prohibition that had been issued by the Kentucky Court of Appeals, holding that the party that sought the writ should have been required to seek an in camera review of the documents in question by the trial court or to produce a privilege log or make an offer of proof in order to establish the privileged nature of the documents.
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In Auday v. Wet Seal Retail, Inc., Auday, a 47-year-old employee of Wet Seal, claimed age discrimination after Wet Seal fired her for not being age appropriate for a store catering to young women. No. 12-5057 (6th Cir. Oct. 25, 2012). Shortly after her termination, she and her husband filed bankruptcy. They did not list the potential claim as a scheduled asset on their bankruptcy.
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In Branham v. Rock, 2010-CA-2292, the Kentucky Court of Appeals, in a decision written by Chief Judge Glenn Acree, upheld a defense jury verdict in a medical negligence action.
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