5 Kentucky opinions name it 2 courts 2009–2022 1 in the last five years
The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Fischer v. Fischerred2 sentences2014Id. at 589-90 . 2013The Estate’s reliance on our decision in Fischer is misplaced, as that case focused on this Court’s inability to reverse the trial court on unpreserved grounds absent a finding of palpable error. 348 S.W.3d at 589-90 (“But when an appellate court determines to reverse a trial court, it cannot do so on an unpreserved legal ground unless it finds palpable error, because the trial court has not had a fair opportunity to rule on the legal question.”) (emphasis supplied). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McKesson Corp. v. Division of Alcoholic Beverages and Tobacco, Fla. Dept. of Business Regulation
green
2 sentences2009Furthermore, where the state, as did Kentucky at the time these taxes were collected, requires or encourages its citizens to rely upon a postdeprivation refund action, that action “must provide taxpayers with, not only a fair opportunity to challenge the accuracy and legal validity of their tax obligation, but also a ‘clear and certain remedy,’ ... for any erroneous or unlawful tax collection to ensure that the opportunity to contest the tax is a meaningful one.” Id. at 39 , 110 S.Ct. 2238 (quoting from Atchison, T. & S.F.R. 2009Furthermore, where the state, as did Kentucky at the time these taxes were collected, requires or encourages its citizens to rely upon a postdeprivation refund action, that action “must provide taxpayers with, not only a fair opportunity to challenge the accuracy and legal validity of their tax obligation, but also a ‘clear and certain remedy,’ ... for any erroneous or unlawful tax collection to ensure that the opportunity to contest the tax is a meaningful one.” Id. at 39 , 110 S.Ct. 2238 (quoting from Atchison, T. & S.F.R. | 2 | 2009–2018 |
Nami Res. Co. v. Asher Land & Mineral, Ltd.
green
1 sentence2022Co. v. Asher Land & Min., Ltd., 554 S.W.3d 323 (Ky. 2018) (stating “when an appellate court determines to reverse a trial court, it cannot do so on an unpreserved legal ground unless it finds palpable error, because the trial court has not had a fair opportunity to rule on the legal question. . . . | 1 | 2022–2022 |
Atchison, Topeka & Santa Fe Railway Co. v. O'Connor
green
2 sentences2009Co. v. O’Connor, 223 U.S. 280 , 32 S.Ct. 216 , 56 L.Ed. 436 (1912)). 2009Co. v. O’Connor, 223 U.S. 280 , 32 S.Ct. 216 , 56 L.Ed. 436 (1912)). | 1 | 2009–2009 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.