Without Consent of Skipped Creditor
In elementary school, there was always the kid from the back of the line muscling in ahead of others who were patiently waiting their turn for the slide. Known as “the cutter”, this kid’s goal...
Kentucky Enacts Medical Review Panel Law Regarding Malpractice Claims
On March 16, 2017, Governor Bevin signed into law a bill that requires medical malpractice plaintiffs to obtain an opinion from a panel of health care providers regarding the merits of their claims before filing...
Sixth Circuit Rules Kentucky’s Economic Loss Doctrine Inapplicable to Consumer Transactions
Last month, in State Farm Mutual Automobile Insurance Co. v. Norcold, Inc., the Sixth Circuit predicted that the Kentucky Supreme Court would decline to extend the “economic loss rule” to consumer transactions. The rule prevents...
Does the Republicans' Estate Tax Repeal Plan Affect Community Property Trusts?
In 2010, Tennessee became the second state to create an elective community property system through community property trusts. Community property is a system of ownership that provides for equal ownership between husband and wife. However...
You may be retaliating against your employees without realizing it
OSHA’s much maligned anti-retaliation rule took effect December 1, 2016. The rule seeks to prevent certain post-accident drug testing policies and safety incentive programs which, in OSHA’s opinion, discourage employees from reporting injuries and accidents...
Kentucky Court of Appeals Entertains Contractor’s Negligent Misrepresentation Claims Against Archite
On December 22, 2016, the Kentucky Court of Appeals held that the economic loss rule does not prohibit a general contractor from pursuing claims against an architect for negligent misrepresentation arising from the architect’s negligent...
Kentucky Repeals Prevailing Wage Law
Within the first week of the 2017 session of the Kentucky General Assembly, the Legislature passed a law repealing the prevailing wage law in Kentucky. The legislation was passed on an emergency basis and signed...
Guided Choice: Emerging ADR Trend
As you contemplate your New Year’s resolution, you should consider implementing Guided Choice as a means to resolve some of your company’s more thorny construction disputes. Guided Choice is an emerging trend in the resolution...