consideration factors (Kentucky) · Go Syfert
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consideration factors in Kentucky

28 Kentucky opinions name it 3 courts 1858–2026 12 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.

Followed or applied (10)

CaseFollowedCited
Davis v. Davisgreen
ky · 1989 · cited in 4 Kentucky opinions naming this issue, 2018–2023
2 sentences

2023Davis v. Davis, 777 S.W.2d 230, 233 (Ky. 1989).

2023Davis v. Davis, 777 S.W.2d 230, 233 (Ky. 1989).

34
Muir v. Muirgreen
kyctapp · 2013 · cited in 3 Kentucky opinions naming this issue, 2023–2026
2 sentences

2026Wood v. Wood, 720 S.W.2d 934, 934 (Ky. App. 1986). “‘Just proportions’ does not mean that the property must be equally divided, but only that a consideration of the factors in KRS 403.190 has been made.” Muir v. Muir, 406 S.W.3d 31, 36 (Ky. App. 2013).

2025This Court then reviews the decisions of the trial court to determine if the property was apportioned according to marital or nonmarital status and in just proportions. “‘Just proportions’ does not mean that the property must be equally divided, but only that a consideration of the factors in KRS 403.190 has been made.” Muir v. Muir, 406 S.W.3d 31, 36 (Ky. App. 2013).

33
Ira A. Watson Department Store v. Hamiltongreen
ky · 2000 · cited in 3 Kentucky opinions naming this issue, 2019–2022
2 sentences

2020In vacating the previous PTD determination for failure to provide the required analysis in its January 2019 opinion, the Board’s discussion had noted (among other things) that “[t]he ALJ did not articulate his consideration of Cole’s prior work history or education, or his ability to otherwise perform sedentary work.” Work history and education can or perhaps even should be discussed as part of the individualized analysis for PTD under Hamilton, 34 S.W.3d at 51 (emphasis added) (stating that proper determination of PTD “necessarily includes a consideration of factors such as the worker’s post-

2019ANALYSIS Kentucky Revised Statute (KRS) 342.0011(1 l)(c) defines “permanent total disability” (PTD) in relevant part as “the condition of an employee who, due to an injury, has a permanent disability rating and has a complete and permanent inability to perform any type of work as a result of an injury . . . .” In Ira A. Watson, 34 S.W.3d at 51 , referenced by the ALJ in this case, this Court stated that the PTD analysis requires an “individualized determination of what the worker is and is not able to do after recovering from the work injury” and then noted the following considerations: it nec

13
Wood v. Woodgreen
kyctapp · 1986 · cited in 1 Kentucky opinions naming this issue, 2026–2026
1 sentence

2026Wood v. Wood, 720 S.W.2d 934, 934 (Ky. App. 1986). “‘Just proportions’ does not mean that the property must be equally divided, but only that a consideration of the factors in KRS 403.190 has been made.” Muir v. Muir, 406 S.W.3d 31, 36 (Ky. App. 2013).

11
Anderson v. Johnsongreen
ky · 2011 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025See Anderson v. Johnson, 350 S.W.3d 453, 457 (Ky. 2011); see also Childress v. Hart, 592 S.W.3d 314 , 318 (Ky. App. 2019).

11
Commonwealth, Department of Highways v. Bairdgreen
kyctapphigh · 1969 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025A proper consideration of these factors requires a balancing analysis to be performed “in main part consisting of weighing the reasonableness of the use of the land drained (or the ‘utility’ of such use) against the gravity of the harm to the land receiving the burden of the drainage.” Commonwealth, Dep’t of Highways v. Baird, 444 S.W.2d 541, 543 (Ky. 1969).

11
Hunter v. Huntergreen
kyctapp · 2003 · cited in 1 Kentucky opinions naming this issue, 2025–2025
1 sentence

2025In addition, “[w]hether title is held individually or in some form of co-ownership, such as joint tenancy, tenancy in common, or tenancy by the entirety is not determinative in classifying property as marital or nonmarital.” Hunter v. Hunter, 127 S.W.3d 656, 660 (Ky. App. 2003).

11
Energy Home, Division of Southern Energy Homes, Inc. v. Peaygreen
ky · 2013 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023See Peay, 406 S.W.3d at 835 .

11
Commonwealth v. Andrewsgreen
ky · 2014 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022“A decision to revoke probation is reviewed for an abuse of discretion.” Commonwealth v. Andrews, 448 S.W.3d 773, 780 (Ky. 2014).

11
Reitmeier v. Reitmeiergreen
kyctapp · 1952 · cited in 1 Kentucky opinions naming this issue, 2016–2016
1 sentence

2016See, e.g., Reitmeier v. Reitmeier, 249 S.W.2d 716, 717 (Ky. 1952) (noting that husband had purchased land with non-marital funds and “had the title placed in himself jointly with [his wife] for convenience only”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Osborne v. Johnson green
kyctapphigh · 1968
2 sentences

2021Consistent with Osborne v. Johnson, [ 432 S.W.2d 800 (Ky. 1968)], it necessarily includes a consideration of factors such as the worker’s post-injury physical, emotional, intellectual, and vocational status and how those factors interact.

2021Consistent with Osborne v. Johnson, supra, it necessarily includes a consideration of factors such as the worker’s post-injury physical, emotional, intellectual, and vocational status and how those factors interact.

82000–2021
Ratliff v. Redmon green
kyctapphigh · 1965
1 sentence

1979Fardo supports the existence of a covered employer-employee relationship by pointing out that the Act does not specifically exclude employment pf the sort involved here by a person such as Wright, and by contending that a consideration of the factors set out in Ratliff v. Redmon, Ky., 396 S.W.2d 320 (1965), weighs in favor of Fardo as an employee rather than as an independent contractor.

11979–1979
McDonald v. Commonwealth green
ky · 1977
1 sentence

1978McDonald v. Commonwealth, Ky., 554 S.W.2d 84 (1977); Wylie v. Commonwealth, Ky., 556 S.W.2d 1 (1977).

11978–1978
Wylie v. Commonwealth green
ky · 1977
1 sentence

1978McDonald v. Commonwealth, Ky., 554 S.W.2d 84 (1977); Wylie v. Commonwealth, Ky., 556 S.W.2d 1 (1977).

11978–1978
Summers v. Carpenter neutral
kyctapp · 1913
2 sentences

1959In Summers v. Carpenter, 156 Ky. 337 , 160 S.W. 1064 , it was held that a party claiming to have been induced by fraud to enter into a contract of purchase of property had waived his right of action for damages by his acts and conduct after having discovered the alleged fraud.

1959In Summers v. Carpenter, 156 Ky. 337 , 160 S.W. 1064 , it was held that a party claiming to have been induced by fraud to enter into a contract of purchase of property had waived his right of action for damages by his acts and conduct after having discovered the alleged fraud.

11959–1959
Cessna v. Cessna's adm'r neutral
· 1868
1 sentence

1911Under the authority of Cessna v. Cessna, 4 Bush, 516 , and Goodrich v. Schaefer, 24 Ky. Law Rep., 219 , and similar cases, it is contended by appellants that under the deed now before us for construction, the éstate would open up to such future born children, and they would take their respective shares thereunder.

11911–1911
M'Crea v. Purmort green
nycterr · 1836
1 sentence

1858Purmort, ( 16 Wendell, 460 ,) the authorities upon this subject, English and American, are fully and ably reviewed, and the principle deducible from them is stated to be this: That, according to the American cases, the only effect of a consideration clause in a deed, is to estop the grantor from alleging that the deed was executed without consideration, and that for other purposes it is open to explanation, and may be varied by parol proof.

11858–1858

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 342.0011 (9) KY § Ky. Rev. Stat. § 403.190 (9) KY § Ky. Rev. Stat. § 342.285 (8) KY § Ky. Rev. Stat. § 342.730 (7) KY § Ky. Rev. Stat. § 342.125 (4) KY § Ky. Rev. Stat. § 403.270 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 119 (1856–2026) NY 105 (1843–2025) IL 104 (1883–2026) CT 74 (1941–2026) OH 68 (1903–2026) AL 67 (1855–2015) PA 65 (1923–2026) TX 64 (1884–2025) IN 45 (1857–2026) MI 42 (1908–2023) MO 37 (1876–2024) TN 35 (1986–2022) OR 34 (1888–2026) FL 32 (1879–2021) NJ 32 (1951–2022) VA 31 (1919–2026) GA 30 (1898–2021) NC 29 (1883–2021) WA 28 (1895–2025) KY 28 (1858–2026) LA 24 (1937–2024) MA 24 (1860–2023) MD 23 (1909–2016) AR 20 (1909–2026) CO 20 (1890–2025) WI 19 (1892–2022) MN 18 (1887–2018) SC 16 (1941–2022) ID 16 (1932–2019) UT 14 (1901–2025) NM 13 (1939–2021) WV 13 (1904–2026) IA 12 (1876–2021) RI 12 (1971–2014) OK 12 (1919–2010) MS 10 (1909–2025) AZ 10 (1989–2023) DC 9 (1988–2008) MT 9 (1929–2020) NE 9 (1906–2025) KS 9 (1963–2022) WY 7 (1912–2025) ME 6 (1969–2023) DE 6 (1962–2018) VT 6 (1850–2023) AK 4 (1986–2020) NH 3 (1984–2013) HI 3 (1920–2013) NV 3 (2013–2022) ND 3 (1919–2001) SD 2 (1959–2019) PR 2 (1916–1954)

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.

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