11 Kentucky opinions name it 2 courts 1994–2025 2 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 |
|---|---|---|
Hoskins v. Mariclegreen2 sentences2020This Court set forth that standard in Hoskins v. Maricle: A writ . . . may be granted upon a showing that (1) the lower court is proceeding or is about to proceed outside of its jurisdiction and there is no remedy through an application to an intermediate court; or (2) that the lower court is acting or is about to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted. 3 150 S.W.3d 1, 10 (Ky. 2004). 2018This Court set forth that standard in Hoskins v. Maricle: A writ. . . may be granted upon a showing that (1) the lower court is proceeding or is about to proceed outside of its jurisdiction and there is no remedy through an application to an intermediate court; or (2) that the lower court is acting or is about to act erroneously, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise and great injustice and irreparable injury will result if the petition is not granted. 150 S.W.3d 1, 10 (Ky. 2004). | 3 | 3 |
Gall v. Scroggygreen1 sentence2021When ruling on the motion, the allegations in “the pleadings should be liberally construed in a light most favorable to the plaintiff and all allegations taken in the complaint to be true.” Gall v. Scroggy, 725 S.W.2d 867, 868 (Ky. App. 1987). | 1 | 1 |
Pari-Mutuel Clerks' Union of Kentucky, Local 541, SEIU, AFL-CIO Ex Rel. Mann v. Kentucky Jockey Clubgreen1 sentence2021In Benningfield v. Pettit Environmental, Inc., 183 S.W.3d 567, 570 (Ky. App. 2005), this Court set forth our standard of review in an appeal seeking review of an order granting a motion to dismiss pursuant to CR 12.02 for failure to state a claim upon which relief may be granted: A motion to dismiss should only be granted if “it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim.” Pari-Mutuel Clerks’ Union v. Kentucky Jockey Club, 551 S.W.2d 801, 803 (Ky. 1977). | 1 | 1 |
Benningfield v. Pettit Environmental, Inc.green1 sentence2021In Benningfield v. Pettit Environmental, Inc., 183 S.W.3d 567, 570 (Ky. App. 2005), this Court set forth our standard of review in an appeal seeking review of an order granting a motion to dismiss pursuant to CR 12.02 for failure to state a claim upon which relief may be granted: A motion to dismiss should only be granted if “it appears the pleading party would not be entitled to relief under any set of facts which could be proved in support of his claim.” Pari-Mutuel Clerks’ Union v. Kentucky Jockey Club, 551 S.W.2d 801, 803 (Ky. 1977). | 1 | 1 |
Commonwealth v. Benhamgreen1 sentence2017In Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky. 1991), the Court set forth the standard for granting or denying a directed verdict motion: On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. | 1 | 1 |
Sam Horne Motor and Implement Company v. Gregggreen1 sentence2007However, even the evidence cited in support of Brock’s contention is contrary to his position. *385 Citing the Restatement of the Law, Agency Section 220(2), in Sam Horne Motor & Implement Co. v. Gregg, 279 S.W.2d 755, 757 (Ky.1955), the court set forth the factors to be considered in determining whether one acting for another is a servant or an independent contractor: (a) the extent of control which, by the agreement, the master may exercise over the details of the work; (b) whether or not the one employed is engaged in a distinct occupation or business; (c) the kind of occupation, with refer | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ld v. Jh
green
1 sentence2025Standard of Review This Court set forth the standard of review for awards of permanent custody to grandparents in dependency, neglect and abuse cases in L.D. v. J.H., 350 S.W.3d 828 (Ky. App. 2011). | 1 | 2025–2025 |
Western Baptist Hospital v. Kelly
green
1 sentence2019The function of further review of the [Board] in the Court of Appeals is to correct the Board only where the Court perceives the Board has overlooked or misconstrued 7 Greyhound Lines, Inc. v. Slider, 2018-CA-000267-WC, 2018 WL 4682422 , at *3 (Ky. App. Sept. 28, 2018). s 827 S.W.2d 685 (Ky. 1992). 7 controlling statutes or precedent, or committed an error in assessing the evidence so flagrant as to cause gross injustice. | 1 | 2019–2019 |
Smart v. Georgetown Community Hospital
green
1 sentence2009The employer asserts that the CALJ erred in the present case by failing to apply what it characterizes as the “stricter” test for service to the employer found in Jackson v. Cowden Manufacturing Company, 578 S.W.2d 259 (Ky.App.1978), and Smart v. Georgetown Community Hospital 170 S.W.3d 370 (Ky.2005). | 1 | 2009–2009 |
Jackson v. Cowden Manufacturing Co.
green
1 sentence2009The employer asserts that the CALJ erred in the present case by failing to apply what it characterizes as the “stricter” test for service to the employer found in Jackson v. Cowden Manufacturing Company, 578 S.W.2d 259 (Ky.App.1978), and Smart v. Georgetown Community Hospital 170 S.W.3d 370 (Ky.2005). | 1 | 2009–2009 |
Nix v. Whiteside
green
2 sentences2007This special duty of an attorney to prevent and disclose frauds upon the court derives from the recognition that perjury is as much a crime as tampering with witnesses or jurors by way of promises and threats, and undermines the administration of justice.” (Footnote and citation omitted.) Nix v. Whiteside, supra at 168-169 , 475 U.S. 157 , 106 S.Ct. 988 , 89 L.Ed.2d 123 . 2007This special duty of an attorney to prevent and disclose frauds upon the court derives from the recognition that perjury is as much a crime as tampering with witnesses or jurors by way of promises and threats, and undermines the administration of justice.” (Footnote and citation omitted.) Nix v. Whiteside, supra at 168-169 , 475 U.S. 157 , 106 S.Ct. 988 , 89 L.Ed.2d 123 . | 1 | 2007–2007 |
Snodgrass v. Commonwealth
green
2 sentences1994In Snodgrass v. Commonwealth, Ky., 814 S.W.2d 579 (1991), where the defendant sought a continuance for the purpose of employing new counsel, this Court set forth the factors a trial court should consider in the exercise of its discretion to grant or deny a continuance: "length of delay; previous continuances; inconvenience to the litigants, witnesses, counsel and the court; whether the delay is purposeful or is caused by the accused; availability of other competent counsel; complexity of the case; and whether denying the continuance will lead to identifiable prejudice." Id. at 581 . 1994In Snodgrass v. Commonwealth, Ky., 814 S.W.2d 579 (1991), where the defendant sought a continuance for the purpose of employing new counsel, this Court set forth the factors a trial court should consider in the exercise of its discretion to grant or deny a continuance: "length of delay; previous continuances; inconvenience to the litigants, witnesses, counsel and the court; whether the delay is purposeful or is caused by the accused; availability of other competent counsel; complexity of the case; and whether denying the continuance will lead to identifiable prejudice." Id. at 581 . | 1 | 1994–1994 |
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.