15 Kentucky opinions name it 2 courts 1968–2026 3 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 |
|---|---|---|
Toyota Motor Corp. v. Gregorygreen2 sentences2017The list of factors an ALJ may consider when judging the reliability of an expert opinion includes: 6 (1) whether the theory or technique can be and has been-tested; (2) whether the theory or technique has been subjected to peer review and publication; (3) the lmown or potential rate of error in using a particular scientific technique and the existence and maintenance of standards controlling the technique's operation; and (4) whether the theory or technique has been generally accepted in the particular field. · Toyota Motor Corp. v. Gregory, 136 S.W.3d 35, 39-40 (Ky. 2004), as amended (June 1 2017Toyota Motor Corp. v. Gregory, 136 S.W.3d 35, 39-40 (Ky. 2004), as amended (June 14, 2004). | 2 | 2 |
C.J.M. v. Cabinet for Health & Family Servicesgreen1 sentence2026She asserts that, unlike in cases where this Court consider the list of factors when determining both “the best interest of the child and the existence of a ground for termination[.]” (emphasis added). -8- has affirmed the finding of reasonable efforts, C.J.M. v. Cabinet for Health and Family Services, 389 S.W.3d 155, 162 (Ky. App. 2012), and T.P. v. Cabinet for Health and Family Services, 697 S.W.3d 758 , 763-64 (Ky. App. 2024), she never stopped cooperating with the Cabinet and, as evidenced by the amended case plan, there were services available to aid in reunifying her with the children. | 1 | 1 |
Snodgrass v. Commonwealthgreen2 sentences2025Third, the record does not demonstrate that the litigants, witnesses, counsel, or the court would have 8 This list of factors is derived from Snodgrass v. Commonwealth, 814 S.W.2d 579, 581 (Ky. 1991). 2025The Snodgrass factors also include the “availability of other competent counsel.” Id. | 1 | 1 |
George T. Franklin, Petitioner-Appellee/cross-Appellant v. Carl S. Anderson, Warden, Respondent-Appellant/cross-Appelleegreen1 sentence2023For his IAAC claim, Henderson invites the application of a list of factors provided by the Sixth Circuit Court of Appeals in Franklin v. Anderson, -7- 434 F.3d 412, 429 (6th Cir. 2006). | 1 | 1 |
Mills v. Commonwealthgreen1 sentence2012See, e.g., Mills, 996 S.W.2d at 482 . | 1 | 1 |
Fugate v. Commonwealthgreen1 sentence2008In Mitchell v. Commonwealth, 908 S.W.2d 100, 101-02 (Ky.1995) (overruled in part on other grounds by Fugate v. Commonwealth, 993 S.W.2d 931, 937 (Ky.1999)), the Kentucky Supreme Court adopted the Daubert standards and procedures for screening the admissibility of scientific testimony, which, again, assigns to the trial court the role of “gatekeeper.” *194 In Kumho Tire Company v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), the Supreme Court of the United States extended the Daubert process to all expert testimony relying upon technical or other specialized knowledge. | 1 | 1 |
Mitchell v. Commonwealthgreen1 sentence2008In Mitchell v. Commonwealth, 908 S.W.2d 100, 101-02 (Ky.1995) (overruled in part on other grounds by Fugate v. Commonwealth, 993 S.W.2d 931, 937 (Ky.1999)), the Kentucky Supreme Court adopted the Daubert standards and procedures for screening the admissibility of scientific testimony, which, again, assigns to the trial court the role of “gatekeeper.” *194 In Kumho Tire Company v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), the Supreme Court of the United States extended the Daubert process to all expert testimony relying upon technical or other specialized knowledge. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2008The Daubert decision included a list of factors the trial court may consider in reaching its determination: Whether a “theory or technique ... can be (and has been) tested;” Whether it “has been subjected to peer review and publication;” Whether, in respect to a particular technique, there is a high “known or potential rate of error” and whether there are “standards controlling the technique’s operation;” and Whether the theory or technique enjoys “general acceptance” ... within a “relevant scientific community.” See Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 at 2796-97 , 125 L.Ed.2d 469 . 2008The Daubert decision included a list of factors the trial court may consider in reaching its determination: Whether a “theory or technique ... can be (and has been) tested;” Whether it “has been subjected to peer review and publication;” Whether, in respect to a particular technique, there is a high “known or potential rate of error” and whether there are “standards controlling the technique’s operation;” and Whether the theory or technique enjoys “general acceptance” ... within a “relevant scientific community.” See Daubert, 509 U.S. at 592-94 , 113 S.Ct. 2786 at 2796-97 , 125 L.Ed.2d 469 . | 2 | 2008–2011 |
Kumho Tire Co. v. Carmichael
green
2 sentences1999In Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), the Court further clarified that the list of factors was meant to be helpful, not definitive. 1999In Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 , 119 S.Ct. 1167 , 143 L.Ed.2d 238 (1999), the Court further clarified that the list of factors was meant to be helpful, not definitive. | 2 | 1999–2008 |
Mullins v. Picklesimer
green
2 sentences2020Id. at 576-77 . -13- Examining the list of factors leaves the strong impression that “partial waiver” is applicable only “when the child was conceived by artificial insemination with the intent that the child would be co-parented by the parent and her [same-sex] partner . . . .” Id. at 575 . 2020Id. at 576-77 . -13- Examining the list of factors leaves the strong impression that “partial waiver” is applicable only “when the child was conceived by artificial insemination with the intent that the child would be co-parented by the parent and her [same-sex] partner . . . .” Id. at 575 . | 1 | 2020–2020 |
Vibbert v. Vibbert
green
1 sentence2017In so doing, the Court acknowledged and expanded on the modified best interest standard set out by this court in Vibbert v. Vibbert, 144 S.W.3d 292 (Ky. App. 2004). | 1 | 2017–2017 |
Ingram v. Ingram
green
1 sentence2015She cites Ingram v. Ingram, 125 P.3d 694 (Ok.App.2005), which sets forth a list of factors for (Oklahoma) courts to consider when determining if specific time factors should be imposed. | 1 | 2015–2015 |
Ulrich v. Kasco Abrasives Co.
green
2 sentences1980In Jones, supra , we discussed deviation from industry standard as a factor; in Kasco Abrasives, supra , we recognized the obviousness of the danger and presence of a warning as relevant. 1980In Jones, supra, we discussed deviation from industry standard as a factor; in Kasco Abrasives, supra, we recognized the obviousness of the danger and presence of a warning as relevant. | 1 | 1980–1980 |
Jones v. Hutchinson Manufacturing, Inc.
green
2 sentences1980In Jones, supra , we discussed deviation from industry standard as a factor; in Kasco Abrasives, supra , we recognized the obviousness of the danger and presence of a warning as relevant. 1980In Jones, supra, we discussed deviation from industry standard as a factor; in Kasco Abrasives, supra, we recognized the obviousness of the danger and presence of a warning as relevant. | 1 | 1980–1980 |
McKinny v. Bailey
neutral
1 sentence1969(On the last point see McKinny v. Bailey, Ky., 316 S.W.2d 370 .) Finally, the appellants contend that the trial court erred in overruling their motion for a new trial based on newly discovered evidence. | 1 | 1969–1969 |
Yonts v. Yonts
neutral
1 sentence1968For a list of these factors see Yonts v. Yonts, Ky., 329 S.W.2d 209 . | 1 | 1968–1968 |
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.