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Vatican Pleased U.S. Plaintiffs Seek To Dismiss Lawsuit

VATICAN CITY - (AP) The Vatican said Tuesday it was satisfied that three men who had sought to hold the Vatican liable in an American court for sexual abuse by Roman Catholic priests have decided to abandon the case. The Kentucky case was being closely watched as the clerical abuse scandal. . . . Full...

Tough Mining Law Survives Court Test In Kentucky

LOUISVILLE, Ky. - (AP) Federal regulators have used an enforcement provision of the 33-year-old mine safety law for the first time to win a legal battle involving a troubled Kentucky mine owned by Massey Energy Co. Mine safety experts say the case demonstrates to the mining industry that the law can...

Judge: $7.8 Million For Family Of Kentucky Plane Crash Victim

LOUISVILLE, Ky. - (AP) A judge on Thursday ordered the family of a victim of the 2006 Comair crash to divide nearly $8 million in damages in the last lawsuit from the Kentucky crash. U.S. District Judge Karl Forester ordered the wife and two daughters of Bryan Keith Woodward to split $7.1 million. ....

TVA Paring Coal Operations, Paying $10M To Settle Lawsuits

CHATTANOOGA, Tenn. - (AP) The Tennessee Valley Authority over the next five years will shutter operations that account for about 16 percent if its coal-fired capacity to settle lawsuits from several states over air quality, its board said Thursday. TVA chief executive Tom Kilgore said the nation's...

USGS Boosts Amount Of Marcellus Shale Gas Reserves

PITTSBURGH - (AP) The U.S. Geological Survey said Tuesday that the Marcellus Shale region contains some 84 trillion cubic feet of undiscovered, recoverable natural gas, far more than thought nearly a decade ago. Tuesday's figure is much higher than the last government assessment in 2002, which suggested...

Kentucky Supreme Court to Kentucky Legislature: “Eat our Coal Dust”

Vision Mining, Inc. v. Gardner , 2010-SC-000311-WC (Ky. 2011): KRS 342.316 subjects coal workers’ pneumoconiosis claimants to a more stringent statutory treatment than all other pneumoconiosis claimants and thus violates the equal protection guarantees of the Federal and Kentucky Constitutions...

Kentucky: Nurture versus Nature and the Independent Contractor: Gogel v. Hancock

Gogel v. Hancock , NO. 2011-CA-001143-WC, 2011 Ky. App. LEXIS 249 (Ky. App. 2011) (Designated to be published): Public policy does not mandate that a specific “nature of the work” test be applied in determining whether a worker is an employee versus an independent contractor, as long as the...

SNR Denton on Nevels v. Deerbrook Insurance Co.: Expert Opinion in Bad Faith Case Admissible Only to Extent of Proper Basis

By William T. Barker, Partner, SNR Denton In Nevels v. Deerbrook Insurance Co., the court held an expert could testify that the insurer should have sooner offered the policy limit, but would not be permitted to testify that failure to do so was bad faith or on what a jury would have awarded. This commentary...

Guns In the Workplace: Implications of Open-Carry Laws

Prof. Stephen Bainbridge makes a great argument against state laws that permit employees to store guns in their cars. In his post, Guns vs. At-Will Employment , Prof. Bainbridge discusses a recent decision by the Kentucky Supreme Court interpreting that state's gun laws. In its opinion, the Court...

Padilla's Conviction Overturned, New Trial Granted

"A convicted drug trafficker from Honduras who won a 2010 U.S. Supreme Court ruling will get a new trial after a state appeals court overturned his conviction because his attorney gave bad advice about deportation. The Kentucky Court of Appeals on Friday ordered a new trial for Jose Padilla, a native...

Fulbright & Jaworski LLP: Summit Petroleum: EPA's Aggregation of Oil and Gas Emissions Based on 'Mere Functional Relatedness' is Unreasonable

A three-judge panel of the U.S. Court of Appeals for the Sixth Circuit* in Summit Petroleum Corporation v. U.S. Environmental Protection Agency (Nos. 09-4348; 10-4572) [ enhanced version available to lexis.com subscribers ] vacated EPA's order aggregating Summit's sour gas wells and sweetening...

U.S. EPA Creates Uncertainty in Appalachia with Air Quality Permitting Memorandum

By Armando F. Benincasa In the face of the Sixth Circuit Court of Appeals decision in late 2012 which struck down United States Environmental Protection Agency's (USEPA) use of "functional relatedness" in determining whether sources of air emissions should be aggregated for purposes...

Generic Drug Pricing Transparency: Kentucky, North Dakota and Arkansas Fight the Good Fight

At the heart of the health care crisis in this country are rising drug costs. How do we control drug costs, particularly generic drugs that account for 80 percent of prescriptions? This year Kentucky became the first state in the nation to enact a generic drug pricing transparency bill that provides...

Visa Snafu Forces Teacher to Leave USA

[Nutshell: This man's work visa was approved and renewed five times. Nothing changed in the law or his qualifications. His sixth renewal was denied for no reason. Welcome to my world.] "Eight years ago, Canadian Jim Tibbatts received immigration status that allowed him to teach in Bluegrass...

State Net Capitol Journal: Kentucky, Michigan, West Virginia Will Benefit Most From ACA

Residents of Kentucky, Michigan and West Virginia will benefit more from the Affordable Care Act than those of any other state, according to a study by the Robert Wood Johnson Foundation. Eighty-one percent of currently uninsured residents of those three states will receive some sort of financial assistance...

Steptoe & Johnson PLLC: 4th Circuit Rules CON Statute May Discriminate Against Providers

By Gordon H. Copland | A recent decision suggesting that the Virginia Certificate of Need (“CON”) law may be unconstitutional has widespread implications for CON laws around the country, including West Virginia and Kentucky. The surprising decision, by the Court of Appeals for the Fourth...

Dentons on What Does Kentucky Require To Find Failure to Pay in Good Faith?

Kentucky requires insurers to pay amounts clearly due. Under Wittmer v. Jones [ enhanced version available to lexis.com subscribers ], to create a jury question, “there must be sufficient evidence of intentional misconduct or reckless disregard of the rights of an insured or a claimant to warrant...

Supreme Court Rejects Suit Alleging Burn Injuries From Defective Lighter

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court on Jan. 13 denied a petition for a writ of certiorari filed by a man who claims that a child suffered burn injuries due to an allegedly defective cigarette lighter ( David R. Cummins v. Bic USA Inc., et al. , No. 13-574, U.S. Sup.). David...

State Net Capitol Journal: A Tale of 2 Obamacares

The starkly contrasting ways in which Democrat- and Republican-led states have generally responded to the Affordable Care Act is creating two separate health care systems, according to a report released last week by the Obama administration. Democrat-leaning Kentucky, which has warmly embraced the ACA...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

Michigan Federal Judge Is 6th To Strike Down Prohibition On Same-Sex Marriage In Wake Of United States v. Windsor

On March 21, Senior U.S. District Judge Bernard A. Friedman of the U.S. District Court for the Eastern District of Michigan struck down MCLS Const. Art. I, § 25 , an amendment to the Michigan Constitution prohibiting same-sex marriage, Deboer v. Snyder, 2014 U.S. Dist. LEXIS 37274 ( E.D. Mich. Mar...

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky. The interstate pipeline is not subject to regulation...

A Framework for Judicial Review and Remand in Immigration Law

Collin D Schueler, University of Kentucky College of Law, 2015, Denver University Law Review, Forthcoming : "This Article breaks new ground at the intersection of administrative law and immigration law. One of the more important questions in both fields is whether a reviewing court should resolve...