detailed analysis in Kentucky

2017Id. at 817-18 . _ Applying these standards in this case, the Court of Appeals concluded that Appellants direct and control CBA Pharma, a company that was involved in the circumstances underlying the judgment if for no other reason than the fact Appellants transferred 2,000,000 shares of CBA Pharma stock to Phelps in exchange for the release of their debts." Appellants dispute that CBA Pharma was involved in the underlying circumstanceslthat led to the $12 million judgment, emphasizing that the CBA Companies2 were not borrowers or guarantors on the underlying indebtedness They insist that the C

2017Id. at 817-18 .

2025Nonetheless, I acknowledge that our Supreme Court has stated that unpreserved claims that a plea did not comply with Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 230 L.

2025Nonetheless, I acknowledge that our Supreme Court has stated that unpreserved claims that a plea did not comply with Boykin v. Alabama, 395 U.S. 238 , 89 S. Ct. 1709 , 230 L.

2023Wallen, supra. The ALJ is not required to engage in a detailed analysis under the AMA Guides, nor is he required to engage in a detailed explanation of the minutia of his reasoning in reaching a particular result.

2023Shields v. Pittsburgh and Midway Coal Mining Co., 634 S.W.2d 440 (Ky. App. 1982); Big Sandy Community Action Program v. Chaffins, 502 S.W.2d 526 (Ky. 1973).

2023Shields v. Pittsburgh and Midway Coal Mining Co., 634 S.W.2d 440 (Ky. App. 1982); Big Sandy Community Action Program v. Chaffins, 502 S.W.2d 526 (Ky. 1973).

2021As to the ALJ’s analysis regarding entitlement to TTD benefits for the right and left shoulder injuries, the Board remanded the matter for a more detailed analysis pursuant to Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015), and Trane Commercial Systems v. Tipton, 481 S.W.3d 800 (Ky. 2016).

2021As to the ALJ’s analysis regarding entitlement to TTD benefits for the right and left shoulder injuries, the Board remanded the matter for a more detailed analysis pursuant to Livingood v. Transfreight, LLC, 467 S.W.3d 249 (Ky. 2015), and Trane Commercial Systems v. Tipton, 481 S.W.3d 800 (Ky. 2016).

2020Phon, 545 S.W.3d at 308-09 .

2018In Yeoman v. Commonwealth, Health Policy Bd. , 983 S.W.2d 459 , 464-65 (Ky. 1998), the Supreme Court of Kentucky provided a detailed analysis of the doctrine of res judicata.

2001Nor did the trial judge err in refusing to define “reasonable doubt,” RCr 9.56, Commonwealth v. Callahan, Ky., 675 S.W.2d 391 (1984), or to give a more detailed instruction on the Commonwealth’s burden of proof.

2001Nor did the trial judge err in refusing to define "reasonable doubt," RCr 9.56, Commonwealth v. Callahan, Ky., 675 S.W.2d 391 (1984), or to give a more detailed instruction on the Commonwealth's burden of proof.

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 *171 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 *171 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2001Victor v. Nebraska, 511 U.S. 1, 5 , 114 S.Ct. 1239, 1243 , 127 L.Ed.2d 583 (1994); Gall v. Commonwealth, Ky., 607 *171 S.W.2d 97, 110 (1980), cert. denied, 450 U.S. 989 , 101 S.Ct. 1529 , 67 L.Ed.2d 824 (1981), overruled on other ground, Payne v. Commonwealth, Ky., 623 S.W.2d 867 (1981).

2000Cf. Kerns v. Bucklew, 178 W.Va. 68 , 357 S.E.2d 750 (1987), which provides a detailed analysis of state sovereign immunity and the supremacy of the Federal Civil Rights Act.

2000Cf. Kerns v. Bucklew, 178 W.Va. 68 , 357 S.E.2d 750 (1987), which provides a detailed analysis of state sovereign immunity and the supremacy of the Federal Civil Rights Act.

1996Although Walrath involved a federal parole board, the Supreme Court has held that "there is no basis for according to federal officials a higher degree of immunity from liability when sued for a constitutional infringement ... than is accorded state officials when sued for the identical violation under § 1983.” Butz, supra, 438 U.S. at 500 , 98 S.Ct. at 2907 .

1996Although Walrath involved a federal parole board, the Supreme Court has held that "there is no basis for according to federal officials a higher degree of immunity from liability when sued for a constitutional infringement ... than is accorded state officials when sued for the identical violation under § 1983.” Butz, supra, 438 U.S. at 500 , 98 S.Ct. at 2907 .

1993She said, ‘He tongued me all over my body.’ Meaning that he kissed or licked, as I interpreted it.” Prior to this Court’s decision in Drumm v. Commonwealth, Ky., 783 S.W.2d 380 (1990), there would have been little necessity for a detailed analysis of the challenged testimony.

1993She said, `He tongued me all over my body.' Meaning that he kissed or licked, as I interpreted it." *544 Prior to this Court's decision in Drumm v. Commonwealth, Ky., 783 S.W.2d 380 (1990), there would have been little necessity for a detailed analysis of the challenged testimony.

1970Without undertaking a detailed analysis of the cited cases, none of which may be regarded as completely apposite, it is appropriate to note that Butler v. United Cerebral Palsy of Northern Kentucky, Inc., Ky., 352 S.W.2d 203 , recognized that much of the language employed in the decisions dealing with delegation of legislative authority is inaccurate and inapplicable in determining whether a particular act of the Legislature runs afoul of constitutional proscriptions against delegation of authority.

1970Without undertaking a detailed analysis of the cited cases, none of which may be regarded as completely apposite, it is appropriate to note that Butler v. United Cerebral Palsy of Northern Kentucky, Inc., Ky., 352 S.W.2d 203 , recognized that much of the language employed in the decisions dealing with delegation of legislative authority is inaccurate and inapplicable in determining whether a particular act of the Legislature runs afoul of constitutional proscriptions against delegation of authority.

1967Appellants call attention to text authorities including Prosser, Torts, Page 138 (2d Ed. 1955) for the proposition, “there are many situations in which the hypothetical, reasonable man would be expected to anticipate and guard against the conduct of others.” We deem it unnecessary to attempt a detailed analysis of each of the authorities relied upon by appellants as we conclude that the rationale of Lareau v. Trader, Ky., 403 S.W.2d 265 , forecloses the argument that Stanley Poole was guilty of negligence as a matter of law.

1967Starting from the "strict liability" premise established in Dealers Transport, supra, we observe that liability is imposed upon Dr. Pepper if it sold the carton in a defective condition unreasonably dangerous to the ultimate user, and if the item was expected to and did reach the user or consumer without substantial change in the condition in which it was sold by Dr. Pepper.

1967Starting from the “strict liability” premise established in Dealers Transport, supra, we observe that liability is imposed upon Dr. Pepper if it sold the carton in a defective condition unreasonably dangerous to the ultimate user, and if the item was expected to and did reach the user or consumer without substantial change in the condition in which it was sold by Dr. Pepper.

1965Perhaps the best single treatment of the subject is in Swiss Oil Corp. v. Hupp, 253 Ky. 552 , 69 S.W.2d 1037 , wherein it is recognized that the burden is always upon the offender to establish his status of "innocence." The intent of the trespasser is a key factor, but that is a subjective matter, generally, and the mere proclamation of an innocent intent will not suffice.

1965Perhaps the best single treatment of the subject is in Swiss Oil Corp. v. Hupp, 253 Ky. 552 , 69 S.W.2d 1037 , wherein it is recognized that the burden is always upon the offender to establish his status of "innocence." The intent of the trespasser is a key factor, but that is a subjective matter, generally, and the mere proclamation of an innocent intent will not suffice.

1964It suffices to observe that we feel that the case before us is not controlled, on the facts, by: Louisville Taxicab and Transfer Co. v. Warren, 305 Ky. 861 , 205 S.W.2d 695 ; Louisville & N. R.

1964It suffices to observe that we feel that the case before us is not controlled, on the facts, by: Louisville Taxicab and Transfer Co. v. Warren, 305 Ky. 861 , 205 S.W.2d 695 ; Louisville & N. R.

1964Michigan followed this trend in Williams v. City of Detroit, 364 Mich. 231 , 111 N.W.2d 1 .

1964Michigan followed this trend in Williams v. City of Detroit, 364 Mich. 231 , 111 N.W.2d 1 .

1945A more detailed analysis of the testimony in the case would substantiate our conclusion that actual fraud, in which both parties to the mortgage participated, was proven in this case and that the court erred in concluding otherwise and in dismissing the petition. *792 It is argued, however, that express testimony of defendants in a case like this should be accepted in the absence of similar contradictory testimony by the opposing litigant, but, as said in the case of Com. v. Filiatreau, 161 Ky. 434 , 170 S. W. 1182 , 1183: “While fraud is not to be presumed, it is not required of him who charg

1945A more detailed analysis of the testimony in the case would substantiate our conclusion that actual fraud, in which both parties to the mortgage participated, was proven in this case and that the court erred in concluding otherwise and in dismissing the petition. *792 It is argued, however, that express testimony of defendants in a case like this should be accepted in the absence of similar contradictory testimony by the opposing litigant, but, as said in the case of Com. v. Filiatreau, 161 Ky. 434 , 170 S. W. 1182 , 1183: “While fraud is not to be presumed, it is not required of him who charg