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May 23, 2017

Sentence Modification

Equan Taylor appeals a judgment of conviction entered after he pled guilty to one count of burglary to a dwelling as a party to the crime.

May 23, 2017

Jury Instruction

Steven Dresel appeals a judgment, entered upon a jury verdict, awarding $16,000 in damages to Dresel as a result of an automobile accident caused by William Giles.

May 23, 2017

Ineffective Assistance of Counsel

Presley Hubanks appeals a judgment, entered upon a jury’s verdict, finding him a sexually violent person and committing him to the Department of Health Services for control, care, and treatment.

May 23, 2017

Court Authority – Sanctions

Central Bank appeals judgments awarding Viking Electric Supply, Inc. (Viking) and J.H. Larson Electrical Company (Larson) the reasonable costs and attorney fees they incurred as a result of Central Bank proffering false affidavits during this litigation.

May 23, 2017

Statutory Interpretation

American International South Insurance Company (AISIC) appeals an order granting plaintiffs’ summary judgment motion and ordering AISIC to pay $684,499.14 in interest on its delayed payment on the underlying claim in this case.

May 23, 2017

Monetary Damages – Court Error – Indemnification

Millis Transfer, Inc. (Millis) and its insurer, Zurich American Insurance Company (Zurich), appeal a summary judgment awarding money damages in favor of MillerCoors LLC (MillerCoors).

May 23, 2017

15-1031 Howell v. Howell

A state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits.

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.

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