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22 Kentucky opinions name it 3 courts 1907–2025 4 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 |
|---|---|---|
Cottrell v. Cottrellgreen1 sentence2025Kentucky case law is clear that a petitioner is not required to show “proof of additional acts of domestic violence before extending a DVO.” Cottrell v. Cottrell, 571 S.W.3d 590, 592 (Ky. App. 2019). | 1 | 1 |
Commonwealth Department of Agriculture v. Vinsongreen2 sentences2021Amendments to statutes governing “in-court procedures and remedies which are used in handling pending litigation, even if the litigation results from events which occurred prior to the effective date of the amendment, do not come within the rule prohibiting retroactive application.”19 Accordingly, we examine whether the extension of the privilege set out in KRS 311.377 is procedural or remedial in nature. 17 Commonwealth Dept. of Agric. v. Vinson, 30 S.W.3d 162, 168 (Ky. 2000). 18 Martin v. Warrior Coal LLC, 617 S.W.3d 391 , 396 (Ky. 2021). 19 Vinson, 30 S.W.3d at 168 -69 (citing Peabody Coal 2021Amendments to statutes governing “in-court procedures and remedies which are used in handling pending litigation, even if the litigation results from events which occurred prior to the effective date of the amendment, do not come within the rule prohibiting retroactive application.”19 Accordingly, we examine whether the extension of the privilege set out in KRS 311.377 is procedural or remedial in nature. 17 Commonwealth Dept. of Agric. v. Vinson, 30 S.W.3d 162, 168 (Ky. 2000). 18 Martin v. Warrior Coal LLC, 617 S.W.3d 391 , 396 (Ky. 2021). 19 Vinson, 30 S.W.3d at 168 -69 (citing Peabody Coal | 1 | 1 |
Brown v. Commonwealthgreen1 sentence2021Brown v. Commonwealth, 313 S.W.3d 577, 610 (Ky. 2010). | 1 | 1 |
Labor Ready, Inc. v. Johnstongreen1 sentence2014Citing Rice v. Conley, 414 S.W.2d 138, 140 (Ky.1967), and Labor Ready v. Johnston, 289 S.W.3d 200, 206 (Ky.2009), the Court of Appeals reasoned that: One of the most basic rules of workers’ compensation in Kentucky is that “[a]n employee, for compensation purposes, cannot have an employer thrust upon him against his will or without his •knowledge.” And, the loaned employee doctrine is simply an extension of that rule; it “was instituted to protect injured workers and does not permit a special employer to be thrust upon them against their will or without their knowledge, thereby depriving them | 1 | 1 |
Rice v. Conleygreen1 sentence2014Citing Rice v. Conley, 414 S.W.2d 138, 140 (Ky.1967), and Labor Ready v. Johnston, 289 S.W.3d 200, 206 (Ky.2009), the Court of Appeals reasoned that: One of the most basic rules of workers’ compensation in Kentucky is that “[a]n employee, for compensation purposes, cannot have an employer thrust upon him against his will or without his •knowledge.” And, the loaned employee doctrine is simply an extension of that rule; it “was instituted to protect injured workers and does not permit a special employer to be thrust upon them against their will or without their knowledge, thereby depriving them | 1 | 1 |
Commonwealth v. Schaefergreen2 sentences2010In Commonwealth v. Schaefer, 639 S.W.2d 776, 777 (Ky.1982), this Court held that an appellate court "has no power on a second appeal to correct an error in the original judgment which either was, or might have been relied upon in the first appeal." In addition to inaccurately characterizing the law of the case as a limitation of the appellate court's "power" as opposed to a prudential restraint on its discretion, Schaefer also mischaracterized this extension of the doctrine as part of the law-of-the-case doctrine. 2010In Commonwealth v. Schaefer, 639 S.W.2d 776, 777 (Ky.1982), this Court held that an appellate coui’t “has no power on a second appeal to correct an error in the original judgment which either was, or might have been relied upon in the first appeal.” In addition to inaccurately characterizing the law of the case as a limitation of the appellate court’s “power” as opposed to a prudential restraint on its discretion, Schaefer also mischaracterized this extension of the doctrine as part of the law-of-the-case doctrine. | 1 | 1 |
Ford v. Ford's Ex'rgreen2 sentences1925Gifts on trust for the purpose of erecting tombstones, for maintaining stables and kennels have been upheld; see Ford, et al. v. Ford, Exor., 91 Ky. 572 , 16 S. W. 451 ; and the principle on which these cases are supported is that the trustee or donee takes subject to a moral obligation to carry out the testator’s commands, and if he is willing to act honestly equity will not prevent him, but if he refuses to perform his duty, the heir or next of kin may interfere.' As said in the 0 ’Leary case: “Nor do we see any reason why the application of the fund to the designated purpose may not be enfo 1925Gifts on trust for the purpose of erecting tombstones, for maintaining stables and kennels have been upheld; see Ford, et al. v. Ford, Exor., 91 Ky. 572 , 16 S. W. 451 ; and the principle on which these cases are supported is that the trustee or donee takes subject to a moral obligation to carry out the testator’s commands, and if he is willing to act honestly equity will not prevent him, but if he refuses to perform his duty, the heir or next of kin may interfere.' As said in the 0 ’Leary case: “Nor do we see any reason why the application of the fund to the designated purpose may not be enfo | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Curd v. Kentucky State Board of Licensure for Professional Engineers & Land Surveyors
green
1 sentence2022Id. at 298 . | 1 | 2022–2022 |
Peabody Coal Co. v. Gossett
green
1 sentence2021Amendments to statutes governing “in-court procedures and remedies which are used in handling pending litigation, even if the litigation results from events which occurred prior to the effective date of the amendment, do not come within the rule prohibiting retroactive application.”19 Accordingly, we examine whether the extension of the privilege set out in KRS 311.377 is procedural or remedial in nature. 17 Commonwealth Dept. of Agric. v. Vinson, 30 S.W.3d 162, 168 (Ky. 2000). 18 Martin v. Warrior Coal LLC, 617 S.W.3d 391 , 396 (Ky. 2021). 19 Vinson, 30 S.W.3d at 168 -69 (citing Peabody Coal | 1 | 2021–2021 |
Edwards v. Commonwealth
green
2 sentences2010Because the testimony of each of these medical personnel implicates KRE 803(4) [1] and the ongoing viability of the extension of that rule created in Edwards v. Commonwealth, 833 S.W.2d 842 (Ky.1992) (overruled on other grounds by B.B. v. Commonwealth, 226 S.W.3d 47 (Ky.2007)), we consider Colvard's allegations of error as it relates to these medical witnesses together. 2010Because the testimony of each of these medical personnel implicates KRE 803(4) 1 and the ongoing viability of the extension of that rule created in Edwards v. Commonwealth, 833 S.W.2d 842 (Ky.1992) (overruled on other grounds by B.B. v. Commonwealth, 226 S.W.3d 47 (Ky.2007)), we consider Col-vard’s allegations of error as it relates to these medical witnesses together. | 1 | 2010–2010 |
BB v. Com.
green
2 sentences2010Because the testimony of each of these medical personnel implicates KRE 803(4) [1] and the ongoing viability of the extension of that rule created in Edwards v. Commonwealth, 833 S.W.2d 842 (Ky.1992) (overruled on other grounds by B.B. v. Commonwealth, 226 S.W.3d 47 (Ky.2007)), we consider Colvard's allegations of error as it relates to these medical witnesses together. 2010Because the testimony of each of these medical personnel implicates KRE 803(4) 1 and the ongoing viability of the extension of that rule created in Edwards v. Commonwealth, 833 S.W.2d 842 (Ky.1992) (overruled on other grounds by B.B. v. Commonwealth, 226 S.W.3d 47 (Ky.2007)), we consider Col-vard’s allegations of error as it relates to these medical witnesses together. | 1 | 2010–2010 |
McKee v. Commonwealth
neutral
2 sentences1994McKee v. Commonwealth, Ky. App., 720 S.W.2d 344 (1986). 1994McKee v. Commonwealth, Ky. App., 720 S.W.2d 344 (1986). | 1 | 1994–1994 |
Orr v. Coleman
green
2 sentences1988The majority opinion does not overrule or depart from any established precedent, but it is an extension of the rule established by Orr v. Coleman, Ky., 455 S.W.2d 59 (1970). 1988The majority opinion does not overrule or depart from any established precedent, but it is an extension of the rule established by Orr v. Coleman, Ky., 455 S.W.2d 59 (1970). | 1 | 1988–1988 |
Raffel v. United States
green
2 sentences1986Id. at 499 , 46 S.Ct. at 568 . 1986Id. at 499 , 46 S.Ct. at 568 . | 1 | 1986–1986 |
Bonn v. Sears, Roebuck & Company
green
1 sentence1977“I grabbed hold of the hand rail.” This Court agrees that the Houchin case, supra, is an extension of the rule set out in Bonn v. Sears, Roebuck & Co., Ky., 440 S.W.2d 526 (1969). | 1 | 1977–1977 |
Commonwealth, Department of Highways v. Louisville Water Co.
neutral
1 sentence1977Commonwealth, Department of Highways v. Louisville Water Company, Ky., 479 S.W.2d 626 (1972); Southern Bell Tel. & Tel. | 1 | 1977–1977 |
Maxwell v. Moorman
neutral
1 sentence1977The appellant’s arguments that in Kentucky fraud is presumed and need not be pleaded in relation to a case involving land deficiencies, where the deficiency was 10% or more Maxwell v. Moorman, Ky., 522 S.W.2d 441 (1975), would require an extension of that doctrine to the construction and bidding area of the law. | 1 | 1977–1977 |
Elmore v. American Motors Corp.
green
2 sentences1975Elmore v. American Motors Corp., 70 Cal.2d 578 , 75 Cal.Rptr. 652 , 451 P.2d 84 (1969). 1975Elmore v. American Motors Corp., 70 Cal.2d 578 , 75 Cal.Rptr. 652 , 451 P.2d 84 (1969). | 1 | 1975–1975 |
Roaden v. Kentucky
green
2 sentences1973The opinion of the Supreme Court in Roaden v. Kentucky, 413 U.S. 496 , 93 S.Ct. 2796 , 37 L.Ed.2d 757 (decided June 25, 1973), clearly approves the extension of the standard of reasonableness expressed in the Fourth Amendment to seizures of publicly exhibited motion picture films despite the lack of ownership of the film by the exhibitor and the lack of even a pretended expectation of privacy on his part. 1973The opinion of the Supreme Court in Roaden v. Kentucky, 413 U.S. 496 , 93 S.Ct. 2796 , 37 L.Ed.2d 757 (decided June 25, 1973), clearly approves the extension of the standard of reasonableness expressed in the Fourth Amendment to seizures of publicly exhibited motion picture films despite the lack of ownership of the film by the exhibitor and the lack of even a pretended expectation of privacy on his part. | 1 | 1973–1973 |
Sutherland v. Davis
green
2 sentences1955In Sutherland v. Davis, 286 Ky. 743 , 151 S.W.2d 1021, 1025 , this Court adopted the extension of the rule. 1955In Sutherland v. Davis, 286 Ky. 743 , 151 S.W.2d 1021, 1025 , this Court adopted the extension of the rule. | 1 | 1955–1955 |
Helvering v. Gerhardt
green
2 sentences1950Ed. 907 , which gave rise to a re-examination by the Supreme Court of the theory underlying the extension of the immunity to salaries of employees of one government from taxation.by a coexisting government in Helvering v. Gerhardt, 304 U. S. 405 , 58 S. Ct. 969 , 82 L. 1950Ed. 907 , which gave rise to a re-examination by the Supreme Court of the theory underlying the extension of the immunity to salaries of employees of one government from taxation.by a coexisting government in Helvering v. Gerhardt, 304 U. S. 405 , 58 S. Ct. 969 , 82 L. | 1 | 1950–1950 |
Rawlings v. Clay Motor Co.
green
2 sentences1946The exact question was presented to this court in the case of Rawlings v. Olay Motor Co., 287 Ky. 604 , 154 S. W. 2d 711 , but there it was held that the proof did not show that the defective condition of the vehicle was the proximate cause of the accident and therefore the question was not decided. 1946The exact question was presented to this court in the case of Rawlings v. Olay Motor Co., 287 Ky. 604 , 154 S. W. 2d 711 , but there it was held that the proof did not show that the defective condition of the vehicle was the proximate cause of the accident and therefore the question was not decided. | 1 | 1946–1946 |
Green v. State
green
1 sentence1935Roberson’s Criminal Law, secs. 461, 462; Mitchell v. Commonwealth, 14 S. W. 489 , 12 Ky. Law Rep. 458 ; Davis v. Commonwealth, 95 Ky. 19 , 23 S. W. 585 , 15 Ky. Law Rep. 396 , 44 Am. | 1 | 1935–1935 |
Davis v. Commonwealth
neutral
2 sentences1935Roberson’s Criminal Law, secs. 461, 462; Mitchell v. Commonwealth, 14 S. W. 489 , 12 Ky. Law Rep. 458 ; Davis v. Commonwealth, 95 Ky. 19 , 23 S. W. 585 , 15 Ky. Law Rep. 396 , 44 Am. 1935Roberson’s Criminal Law, secs. 461, 462; Mitchell v. Commonwealth, 14 S. W. 489 , 12 Ky. Law Rep. 458 ; Davis v. Commonwealth, 95 Ky. 19 , 23 S. W. 585 , 15 Ky. Law Rep. 396 , 44 Am. | 1 | 1935–1935 |
Wilson v. Nichols & Shepherd Co.
neutral
1 sentence1914Workmen or experts are not agents and have no authority to bind the vendor by any contract or statement, neither shall the fact of any local or traveling agent or expert of the vendor rendering assistance of any nature at any time operate as an extension or waiver of the conditions thereof.” In the case of Wisdom, et al v. Nichols & Shepherd Co., 97 S. W. 18 , there was a sale of a threshing machine and wind stacker under a warranty identical with that under consideration. | 1 | 1914–1914 |
Coke v. Gutkese
neutral
1 sentence1907Coke v. Gutkese, 80 Ky. 598 , 4 Ky. Law Rep. 545 , 44 Am. | 1 | 1907–1907 |
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.