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11 Kentucky opinions name it 1 courts 2015–2022 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 |
|---|---|---|
Ridgeway Nursing & Rehabilitation Facility, LLC v. Lanegreen2 sentences2020As we held in Ridgeway, 415 S.W.3d at 641 -42: our case law is clear that the certain-special-cases exception only supplants the requirement that a petitioner prove irreparable harm in the absence of a writ, not the requirement that there be no adequate remedy by appeal or otherwise. 2019When the petitioner is alleging that the inferior court is acting erroneously within its jurisdiction, as Dr. Kleinfeld has asserted in this case, “a writ will only be granted when two threshold requirements are satisfied: there exists no adequate remedy by appeal or otherwise; and the petitioner will suffer great and irreparable harm.”17 Under the certain-special-cases exception, the writ can be granted “in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correcti | 6 | 7 |
Bender v. Eatongreen2 sentences2022We reiterated in Kleinfeld, that “[u]nder the certain-special-cases exception, the writ can be granted ‘in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correction of the error is necessary and appropriate in the interest of orderly judicial administration.’” 568 S.W.3d at 332 (quoting Peters, 353 S.W.3d at 595 ) Bender, 343 S.W.2d at 801 ). 2019When the petitioner is alleging that the inferior court is acting erroneously within its jurisdiction, as Dr. Kleinfeld has asserted in this case, “a writ will only be granted when two threshold requirements are satisfied: there exists no adequate remedy by appeal or otherwise; and the petitioner will suffer great and irreparable harm.”17 Under the certain-special-cases exception, the writ can be granted “in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correcti | 2 | 9 |
Grange Mutual Insurance Co. v. Trudegreen2 sentences2015Co. v. Trude, 151 S.W.3d 803, 810 (Ky. 2004) ("[T]here will rarely be an adequate remedy on appeal if the alleged error is an order that allows discovery."); Bender, 343 S.W.2d at 802 . 18 Bender, 343 S.W.2d at 802 . 9 availability of the writ remedy 19—Caldwell would be left without an avenue of appellate recourse to rectify her grievance. 20 We also find this issue to satisfy the certain-special-cases exception because its resolution is necessary to ensure the orderly administration of justice in the Commonwealth. 2015Co. v. Trude, 151 S.W.3d 803, 810 (Ky. 2004) ("[T]here will rarely be an adequate remedy on appeal if the alleged error is an order that allows discovery."); Bender, 343 S.W.2d at 802 . 18 Bender, 343 S.W.2d at 802 . 9 availability of the writ remedy 19—Caldwell would be left without an avenue of appellate recourse to rectify her grievance. 20 We also find this issue to satisfy the certain-special-cases exception because its resolution is necessary to ensure the orderly administration of justice in the Commonwealth. | 2 | 2 |
Independent Order of Foresters v. Chauvingreen2 sentences2022Independent Ord. of Foresters, 175 S.W.3d at 617 (citing Bender, 343 S.W.2d at 801 ). 2019When the petitioner is alleging that the inferior court is acting erroneously within its jurisdiction, as Dr. Kleinfeld has asserted in this case, “a writ will only be granted when two threshold requirements are satisfied: there exists no adequate remedy by appeal or otherwise; and the petitioner will suffer great and irreparable harm.”17 Under the certain-special-cases exception, the writ can be granted “in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correcti | 1 | 2 |
Hoskins v. Mariclegreen1 sentence2019When the petitioner is alleging that the inferior court is acting erroneously within its jurisdiction, as Dr. Kleinfeld has asserted in this case, “a writ will only be granted when two threshold requirements are satisfied: there exists no adequate remedy by appeal or otherwise; and the petitioner will suffer great and irreparable harm.”17 Under the certain-special-cases exception, the writ can be granted “in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correcti | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Allstate Prop. & Cas. Ins. Co. v. Kleinfeld
green
1 sentence2022We reiterated in Kleinfeld, that “[u]nder the certain-special-cases exception, the writ can be granted ‘in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correction of the error is necessary and appropriate in the interest of orderly judicial administration.’” 568 S.W.3d at 332 (quoting Peters, 353 S.W.3d at 595 ) Bender, 343 S.W.2d at 801 ). | 1 | 2022–2022 |
Commonwealth v. Peters
green
1 sentence2022We reiterated in Kleinfeld, that “[u]nder the certain-special-cases exception, the writ can be granted ‘in the absence of a showing of specific great and irreparable injury . . . provided a substantial miscarriage of justice will result if the lower court is proceeding erroneously, and correction of the error is necessary and appropriate in the interest of orderly judicial administration.’” 568 S.W.3d at 332 (quoting Peters, 353 S.W.3d at 595 ) Bender, 343 S.W.2d at 801 ). | 1 | 2022–2022 |
Wyatt, Tarrant & Combs v. Williams
green
1 sentence2020Pursuant to CR 65.07(1), “[w]hen a circuit court by interlocutory order has granted, denied, modified, or dissolved a temporary injunction, a party adversely affected may within 20 days after the entry thereof move the Court of Appeals for relief from such order.” In Wyatt, Tarrant & Combs v. Williams, 892 S.W.2d 584 (Ky. 1995), this Court considered whether a party who had not appealed an interlocutory order within the twenty-day period given by the court rule had an adequate remedy by appeal. | 1 | 2020–2020 |
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.