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Opinion

May 23, 2017

FDCPA Violation

The filing of a proof of claim that is obviously time barred is not a false, deceptive, misleading, unfair, or unconscionable debt collection practice within the meaning of the Fair Debt Collection Practices Act.

May 23, 2017

Federal Arbitration Act

The Kentucky Supreme Court’s clear-statement rule violates the Federal Arbitration Act by singling out arbitration agreements for disfavored treatment.

May 23, 2017

16-3119 Luis Vega v. New Forest Home Cemetery, LLC

Luis Vega filed this suit alleging that his former employer, New Forest Home Cemetery, LLC (“New Forest”), by failing to pay him for his final two weeks of work, violated his right under the Fair Labor Standards Act of 1938, 29 U.S.C. § 206(b), to compensation at the minimum wage.

May 23, 2017

16-2991

Patrick Armand pleaded guilty to distributing crack and powder cocaine, in violationof 21 U.S.C. § 841(a)(1), and was sentenced to 108 months' imprisonment, and a five-year term of supervised release subject to certain special conditions.

May 23, 2017

Disability Benefits

Cathleen Kennedy, the plaintiff, was hired by Lilly in 1982 and rose rapidly, eventually becoming an executive director in the company’s human resources division, with a monthly salary of $25,011.

May 23, 2017

Plea – Sentencing

James Wheeler pleaded guilty to an attempt to obstruct interstate commerce by robbery, in violation of the Hobbs Act, 18 U.S.C. §1951(a), and to using a gun (by shooting someone) during that crime, in violation of 18 U.S.C. §924(c)(1)(A)(iii).

May 19, 2017

Weekly Case Digests — May 15-19, 2017

Weekly Case Digests — May 15-19, 2017.

May 17, 2017

Court Error – Admission of Evidence

Shawn Forgue appeals the judgment of conviction entered after a jury verdict finding Forgue guilty of misdemeanor battery (domestic abuse) and misdemeanor disorderly conduct (domestic abuse), and the order of restitution.

May 17, 2017

Breach of Contract – Waiver of Claims

Terry Sullivan appeals an order of the circuit court granting summary judgment in favor of American Family Mutual Insurance Company, American Family Life Insurance Company, and American Standard Insurance Company of Wisconsin (collectively, American Family).

May 17, 2017

Power of Attorney Breach – Time-Barred Claims

Michael Coyle, Jacqueline Coyle, Jon Coyle, and Amanda Coyle are the children of Hubert Coyle, who died in 2007. After Hubert died, the Siblings sued Amanda, alleging that she had, between 1996 and 2007, engaged in identified wrongful acts that reduced the value of Hubert’s estate, and, thereby, reduced the shares of the estate bequeathed to the Siblings in Hubert’s will.

May 17, 2017

Ineffective Assistance of Counsel

The State appeals from an order of the circuit court which, after a Machner hearing, vacated the judgment of conviction finding Anthony R. Pico guilty of first-degree sexual assault and ordered a new trial based on Pico having received ineffective assistance of counsel at trial.

May 17, 2017

Breach of Fiduciary Duty – Statute of Limitations

Michael Trewin, pro se, appeals a judgment granting Darryel and Mary Hearley rescission of a 2005 conveyance of real property to Trewin, based on Trewin’s breach of his fiduciary duties as the Hearleys’ attorney.

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