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11 Kentucky opinions name it 3 courts 1934–2019 0 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 |
|---|---|---|
Watts Ex Rel. Watts v. K, S & Hgreen2 sentences2010Watts v. K, S & H, 957 S.W.2d 233, 236 (Ky. 1997) . 2010Watts v. K, S & H, 957 S.W,2d 233, 236 (Ky.1997). | 2 | 2 |
Egbert v. Curtisgreen2 sentences2016Res judicata “has a subsidiary rule that a cause of action may not be split and tried piecemeal[,]” thus barring “not- only .,. the issues disposed of in the first action, but ... every point which properly belonged to the subject of the litigation in the first action and which in the exercise of reasonable diligence might have been brought forward at that time.” Egbert v. Curtis, 695 S.W.2d 123, 124 (Ky.App.1985). 1997Egbert, supra, at 124 ; CR 8.03. | 1 | 3 |
Springer v. Commonwealthgreen2 sentences2019“Because one's emotional response to a situation may dissipate over time, a subsidiary inquiry arises as to whether there intervened between the provocation and the resulting [assault) a cooling-off period of sufficient 11 duration that the provocation should no longer be regarded as ‘adequate.” Id. 2001See Springer v. Commonwealth, Ky., 998 S.W.2d 439, 452 (1999); Morgan v. Commonwealth, Ky., 878 S.W.2d 18, 21 (1994); Foster v. Commonwealth, supra, at 678. | 1 | 2 |
Fields v. Commonwealthgreen2 sentences2019“Because one's emotional response to a situation may dissipate over time, a subsidiary inquiry arises as to whether there intervened between the provocation and the resulting homicide a cooling-off period of sufficient duration that the provocation should no longer be regarded as ‘adequate.’” Fields, 44 S.W.3d at 359 . 2012Because one’s emotional response to a situation may dissipate over time, a subsidiary inquiry arises as to whether there intervened between the provocation and the resulting [assault] a cooling-off period of sufficient duration that the provocation should no longer be regarded as “adequate.” Fields, 44 S.W.3d at 359 (citation omitted). | 1 | 2 |
Yeoman v. Com., Health Policy Bd.green1 sentence2016As explained in Yeoman v. Commonwealth, Health Policy Bd., 983 S.W.2d 459, 464-65 (Ky.1998) (internal citations and footnote omitted): The doctrine of res judicata is formed by two subparts: 1) claim preclusion and 2) issue preclusion. | 1 | 1 |
Morgan v. Commonwealthgreen1 sentence2001See Springer v. Commonwealth, Ky., 998 S.W.2d 439, 452 (1999); Morgan v. Commonwealth, Ky., 878 S.W.2d 18, 21 (1994); Foster v. Commonwealth, supra, at 678. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Combs v. Prestonsburg Water Co.
green
2 sentences1988So, as said in Combs v. Prestonsburg Water Co., 260 Ky. 169 , 84 S.W.2d 15 , 18 ‘The rule is elementary that, when a matter is in litigation, parties are required to bring forward their whole case; and ‘the plea of res judicata applies not only to the points upon which the court was required by the parties to form an opinion and pronounce judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.’ See Egbert v. Curtis, Ky.App., 695 S.W.2d 123 (1985). 1988So, as said in Combs v. Prestonsburg Water Co., 260 Ky. 169 , 84 S.W.2d 15 , 18 ‘The rule is elementary that, when a matter is in litigation, parties are required to bring forward their whole case; and ‘the plea of res judicata applies not only to the points upon which the court was required by the parties to form an opinion and pronounce judgment, but to every point which properly belonged to the subject of litigation, and which the parties, exercising reasonable diligence, might have brought forward at the time.’ See Egbert v. Curtis, Ky.App., 695 S.W.2d 123 (1985). | 2 | 1968–1988 |
Mutual Benefit Life Ins. v. Daviess' Ex'r
green
2 sentences1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . 1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . | 1 | 1934–1934 |
Aetna Life Ins. v. Claypool
neutral
2 sentences1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . 1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . | 1 | 1934–1934 |
Columbia Life Ins. v. Tousey
green
2 sentences1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . 1934Couch’s Cyc. of Insurance Law, sec. 831; Mutual Benefit Life Insurance Company v. Daviess’ Ex’r, 87 Ky. 541 , 9 S. W. 812 , 10 Ky. Law Rep. 577 ; U. S. Health & Accident Insurance Company v. Bennett’s Adm’r, 105 S. W. 433 , 32 Ky. Law Rep. 235 ; Penick v. Metropolitan Life Insurance Company, supra; Columbia Life Insurance Company v. Tousey, 152 Ky. 447 , 153 S. W. 767 ; Ætna Life Insurance Company v. Claypool, 128 Ky. 43 , 107 S. W. 325 , 32 Ky. Law Rep. 856 . | 1 | 1934–1934 |
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.