FRANKFORT, Ky., June 25, 2020 – The
Supreme Court of Kentucky will hear oral arguments by videoconference July 1-2 in cases on appeal from courts in Fayette, Franklin, Jefferson and Woodford counties. The justices are hearing arguments remotely to observe social distancing due to the COVID-19 pandemic.
The public may watch proceedings via a livestream on the
KET website, as usual. Proceedings are also available to watch later at the link.
The court heard arguments via videoconference for the first time in history in April and again in May.
Visit
COVID-19 and the Courts for ongoing updates on how the state court system is handling the pandemic.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law.
Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Oral Arguments
WEDNESDAY, JULY 1, 2020
9:30 a.m. ET
2018-SC-000657-DG
FRANK LASSITER V. WILLIAM M. LANDRUM III, SECRETARY OF THE FINANCE AND ADMINISTRATION CABINET
View case briefs
Contracts. Model Procurement Code. Subpoena Power. The issue is whether the Secretary of the Finance and Administration Cabinet has the authority to issue a subpoena to a former state employee, who later became an independent contractor/consultant for a contractor providing fraud detection service while investigating whether the renewal of the contracts for the services violate the Model Procurement Code.
Discretionary Review Granted: 4/11/19
Woodford Circuit Court, Judge Paul F. Isaacs
Attorneys for Appellant: J. Guthrie True
Attorneys for Appellee: Samuel Flynn, Hiren B. Desai, Brian C. Thomas
(Rescheduled from March 20, 2020)
11 a.m. ET
2018-SC-000155-DG
HAROLD MERRITT, ET AL. V. CATHOLIC HEALTH INITIATIVES, INC., ET AL.
View case briefs
Insurance. Captive Insurer. Unfair Claims Settlement Practices Act. Issues include whether a healthcare company’s captive insurer is exempt from the Unfair Claims Settlement Practices Act.
Discretionary Review Granted: 10/25/18
Fayette Circuit Court, Judge Ernesto Scorsone
Attorneys for Appellant: J. Dale Golden, Kellie Marie Collins, Mary Lauren Melton
Attorneys for Appellee: Chad Owens Propst, Bryan Todd Thompson
(Rescheduled from February 12, 2020)
1 p.m. ET
A.H., THE MINOR CHILD OF JAMES HATCHER BY AND THROUGH HEIDI GALLO, ET AL. V. LOUISVILLE METRO GOVERNMENT, ET AL. (
2018-SC-000359-DG) AND LOUISVILLE METRO GOVERNMENT, ET AL. V. A.H., THE MINOR CHILD OF JAMES HATCHER BY AND THROUGH HEIDI GALLO, ET AL. (
2019-SC-000158-DG)
View case briefs
Jails. Statutory Duties. Consolidated Government. Immunity. Issues include whether the estate of a deceased inmate can recover from Metro Government or the director of Metro Corrections for violation of KRS 71.040, which requires jailers to treat inmates humanely.
Discretionary Review Granted: 3/6/19
Cross Motion for Discretionary Review Granted: 6/5/2019
Jefferson Circuit Court, Judge Brian C. Edwards
Attorneys for Appellants/Cross-Appellees: Andrew J. Horne
Attorneys for Appellees/Cross-Appellants: Ivan Joel Frockt, Michael J. O’Connell, David Sean Ragland
(Rescheduled from March 19, 2020)
THURSDAY, JULY 2, 2020
10 a.m. ET
2019-SC-000231-DG
COMMONWEALTH V. CROWE
View case briefs
Criminal Law. KRS 439.3401(5) Violent Offender Domestic Violence Exemption. Issues involve applicability of the domestic violence exemption from “violent offender” characterization of a husband who pled guilty to first-degree manslaughter of his verbally and physically abusive wife. Did the abuse occur “with regard to” the manslaughter?
Discretionary Review Granted: 9/18/19
Fayette Circuit Court, Judge James D. Ishmael, Jr.
Attorneys for Appellant: Daniel J. Cameron, Leilani K.M. Martin
Attorneys for Appellee: Kathleen Kallaher Schmidt
NICKELL, J., NOT SITTING
1 p.m. ET
COMMONWEALTH OF KENTUCKY EX REL. J. MICHAEL BROWN, SECRETARY OF THE GOVERNOR’S EXECUTIVE CABINET V. STARS INTERACTIVE HOLDINGS (IOM) LTD., F/K/A AMAYA GROUP (IOM) LTD, ET AL.(
2019-SC-000058-DG) AND STARS INTERACTIVE HOLDINGS (IOM) LTD., F/K/A AMAYA GROUP HOLDINGS (IOM) LTD., ET AL V. COMMONWEALTH OF KENTUCKY EX REL. J. MICHAEL BROWN, SECRETARY OF THE GOVERNOR’S EXECUTIVE CABINET (
2019-SC-000209)
View case briefs
KRS 372.040. Loss Recovery Act. Standing. Issues involved include whether the Commonwealth is “any other person” who has standing to bring claims under the Loss Recovery Act and whether the complaint sufficiently stated a cause of action against the Appellees. On the cross-motion, issues involve dare whether the internet gambling sites are “winners” under the Loss Recovery Act from which recovery may be obtained, whether the trial court accurately calculated the damages, and whether treble damages were warranted by the circumstances in this matter.
Discretionary Review Granted: 4/11/19
Cross Motion for Discretionary Review Granted: 6/5/19
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys for Appellant/Cross-Appellee: James L. Deckard, William C. Hurt, Jr., William H. May III
Attorneys for Appellees/Cross-Appellants: Sheryl G. Snyder; Theresa A. Canaday, Griffin Terry Sumner, Jason P. Renzelmann