Kentucky Enacts Certificate of Merit Requirement for Filing Medical Liability Cases
The Kentucky General Assembly has enacted KRS 411.167 which now requires a claimant commencing any civil action against a healthcare provider, or long-term care facility, to file a “certificate of merit” when the complaint is filed.
Coming Soon: Revised and (Mostly) Relaxed Hazardous Waste Pharmaceutical Regs!
The regulation of hazardous waste in our nation is one of the most important and complicated programs.
Finally U Can Trademark immoral or scandalous marks
On June 24, 2019, the United States Supreme Court struck down the Lanham Act’s ban on the registration of immoral or scandalous trademarks as a violation of the First Amendment.
U.S. Supreme Court Rejects "Unreasonable but Good Faith Belief" Defense for Creditors in Violation of Discharge Injunction
At the conclusion of a bankruptcy, the court typically enters an order discharging the debtor from personal liability for most pre-bankruptcy debts. This “discharge order” bars creditors from attempting to collect any debt covered by the order from the debtor personally. 11 USC § 524(a)(2).
Legal Risks of Virtual and Augmented Reality on the Construction Site
Co-Author, Kelly Ball, Summer Associate. The construction industry is known for innovation and creative problem solving, and the industry’s early adoption of cutting-edge virtual technologies is no exception.
Trademarks in Bankruptcy
Last week, in Mission Products, Inc. v. Tempnology, LLC, ___ U.S. ___, Case No. 17-1657 (May 20, 2019), the U.S. Supreme Court resolved a circuit split by clarifying the consequences of a bankruptcy debtor’s rejection of a trademark license when the bankruptcy debtor is the trademark licensor.
Kentucky Employers - New Pregnancy Worker Accommodation Law Becomes Effective June 27, 2019
The Kentucky Pregnant Workers Act (“KPWA”) requires Kentucky employers, with 15 or more employees, to evaluate pregnant employees’ requests for accommodations related to medical issues tied to their pregnancy or childbirth somewhat differently.
In Hindsight . . . Supreme Court of Kentucky Reaffirms Its Retrospective Approach to Enforcing Liquidated Damages Provisions
The Supreme Court of Kentucky recently reaffirmed its decision in Mattingly Bridge Co. v. Holloway & Son Const. Co. which established the standard for assessing the enforceability of a liquidated damages provision.