FIRM NEWS AND NOTABLE CASES.

Earl Lee Jones v. Kathy Witt, et al., NO. 2007-CA-000404-MR (March 7, 2008) -In upholding the trial court’s entry of summary judgment in favor of the Fayette County Sherriff, the Court of Appeals once again held that Sec. 10 of the Kentucky Constitution does not create a private right of action analogous to a cause of action under 42 U.S.C. Sec. 1983 or principles of federal common law first established in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971).  The Court further held that the doctrine of official immunity affords police officers immunity from a plaintiff’s claim for an unlawful arrest when the officers act in a good faith, objectively reasonable manner in serving a warrant.

Attorneys: Stephen Amato and Benjamin Riddle

James R. Turner, et al. v. Grant County Detention Center, et al., Civil Action No. 05-148-DLB (3-26-2008) - Judge Bunning denied Named Plaintiffs’ Renewed Class Certification, finding, as McBrayer claim on behalf of its client, the Grant County Detention Center, that Named Plaintiffs had not met their burden of proof with respect to each element required for class certification.

Attorneys: Brent Caldwell, Stephen Amato and Nathan Billings

Salt Lick Bankcorp, Inc. et al. v. Kentucky Department of Financial Institutions, Ky. Board of Claims, Claim No. 02-289 (Dec. 21, 2007) – Recommended Order and Opinion Granting Respondents’ Motion to Dismiss.

Attorneys: Stephen Amato and Nathan Billings

Curtis D. Congleton, et al. v. Burley Tobacco Growers Cooperative Association, Fayette Circuit Court, Civil Action No. 06-CI-69 (December 19, 2007) – Final Judgment

Attorneys:  Robert Maclin, Brent Caldwell, Nathan Billings, and David Cohen

Old Republic Insurance Co. v. Underwriters Safety & claims, Inc. and Louisville/Jefferson County Metro Government, Civil Action 3:05-cv-343-CRS-DW (W.D.Ky., November 9, 2007) – Memorandum Opinion Granting Plaintiff’s Motion for Summary Judgment, and Denying Defendants’ Motion for Summary Judgment

Attorneys: Robert Maclin, Pamela Chesnut and David Cohen

Curtis D. Congleton, et al. v. Burley Tobacco Growers Cooperative Association, Fayette Circuit Court, Civil Action No. 06-CI-69 (March 15, 2007) – Opinion and Judgment on “FETRA Tobacco” and Sales Proceeds Thereon

Attorneys:  Robert Maclin, Brent Caldwell, Nathan Billings, and David Cohen

Kea-Ham Contracting, Inc. v. Floyd County Development Authority, et al., 2006 WL 2193806 (Ky.Ct.App. (Aug. 4, 2006) (unpublished) – Affirming Trial Court’s Summary Judgment Dismissing Defendants

Attorneys:  Robert Maclin, Nathan Billings, and Pamela Chesnut

Salt Lick Bankcorp, Inc. et al. v. Kentucky Department of Financial Institutions, 187 Fed.Appx. 428, 2006 WL 1524623 (6th Cir. (May 30, 2006) (unpublished) – Affirming Trial Court’s Summary Judgments and Final Judgment Dismissing Defendants

Attorneys: Stephen Amato and Brent Caldwell

Daniel Grubb, et al. v. Charles Marcum, et al., 2006 WL 625148 (E.D.Ky (March 9, 2006) (unpublished) – Memorandum Opinion and Order Denying Plaintiffs’ Motion for Class Certification

Attorneys: Stephen Amato and Nathan Billings

Pamela Steela, et al. v. Republic Services of Kentucky, LLC, et al., 2006 WL 307868 (Ky.Ct.App. (Feb. 10, 2006)) (unpublished) – Opinion and Order Denying Plaintiffs’ Petition for Writ of Mandamus to Prohibit Enforcement of Trial Court’s Order Compelling DNA Testing

Attorneys: Robert Maclin, Pamela Chesnut and Nathan Billings