next step analysis (Kentucky) · Go Syfert
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next step analysis in Kentucky

6 Kentucky opinions name it 2 courts 1999–2025 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.

Followed or applied (4)

CaseFollowedCited
Winstead v. Commonwealthgreen
ky · 2009 · cited in 1 Kentucky opinions naming this issue, 2018–2018
1 sentence

2018An "error may be deemed harmless if the reviewing court can say with fair assurance that the • I ' judgment was not substantially swayed by the error." Winstead v. Commonwealth, 283 S.W.3d 678, 689 (Ky. 2009) (citing Kotteakos v. United · States, 328 U.S. 750 (1946)).

11
City of Renton v. Playtime Theatres, Inc.green
scotus · 1986 · cited in 1 Kentucky opinions naming this issue, 2006–2006
1 sentence

2006The Renton Court found the ordinance at issue did not necessarily “fit neatly” into either category, but nonetheless concluded that the Renton ordinance was aimed “not at the content of the films shown at ‘adult motion picture theatres,’ but rather at the secondary effects of such theaters on the surrounding community,” id. at 47, 106 S.Ct. at 929 (emphasis in original), and as such it was consistent with the Court’s definition of “content-neutral” speech regulations.

11
Burke v. Blairgreen
kyctapphigh · 1961 · cited in 1 Kentucky opinions naming this issue, 1999–1999
2 sentences

1999Initially, it should be observed that it is well settled that "a party may be estopped to plead limitation where he has induced inaction on the part of the plaintiff by his false representation or fraudulent concealment." Burke v. Blair, Ky., 349 S.W.2d 836, 838 (1961) (quoted with approval in Cuppy v. General Accident Fire & Life Assurance Corp, Ky., 378 S.W.2d 629, 630-31 (1964).

1999Initially, it should be observed that it is well settled that “a party may be estopped to plead limitation where he has induced inaction on the part of the plaintiff by his false representation or fraudulent concealment.” Burke v. Blair, Ky., 349 S.W.2d 836, 838 (1961) (quoted with approval in Cuppy v. General Accident Fire & Life Assurance Corp, Ky., 378 S.W.2d 629, 630-31 (1964).

11
Cuppy v. General Accident Fire & Life Assurance Corp.green
kyctapphigh · 1964 · cited in 1 Kentucky opinions naming this issue, 1999–1999
2 sentences

1999Initially, it should be observed that it is well settled that "a party may be estopped to plead limitation where he has induced inaction on the part of the plaintiff by his false representation or fraudulent concealment." Burke v. Blair, Ky., 349 S.W.2d 836, 838 (1961) (quoted with approval in Cuppy v. General Accident Fire & Life Assurance Corp, Ky., 378 S.W.2d 629, 630-31 (1964).

1999Initially, it should be observed that it is well settled that “a party may be estopped to plead limitation where he has induced inaction on the part of the plaintiff by his false representation or fraudulent concealment.” Burke v. Blair, Ky., 349 S.W.2d 836, 838 (1961) (quoted with approval in Cuppy v. General Accident Fire & Life Assurance Corp, Ky., 378 S.W.2d 629, 630-31 (1964).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Travelers Indemnity Co. of America v. Moore & Associates, Inc. green
tenn · 2007
2 sentences

2025Moving on to the next step of our analysis, we focus on whether the alleged damage resulted from an “occurrence.” Like most modern, form-CGL 5 To the extent that Young alleged damage in the form of purchasing more PermaCrete than QSI estimated, we find that such excess cost does not fall within the definition of “property damage” or “physical injury.” -14- policies, “occurrence” is defined as an “accident, including continuous or repeated exposure to substantially the same general harmful conditions.” While the Policies do not define the term “accident,” the Tennessee Supreme Court in Moore pr

2025Moving on to the next step of our analysis, we focus on whether the alleged damage resulted from an “occurrence.” Like most modern, form-CGL 5 To the extent that Young alleged damage in the form of purchasing more PermaCrete than QSI estimated, we find that such excess cost does not fall within the definition of “property damage” or “physical injury.” -14- policies, “occurrence” is defined as an “accident, including continuous or repeated exposure to substantially the same general harmful conditions.” While the Policies do not define the term “accident,” the Tennessee Supreme Court in Moore pr

22025–2025
Taylor Stumbo v. City of Ashland green
ky · 2015
1 sentence

2022The next step mandated in Stumbo is a finding that “the claimant is unable to perform any type of work.” 461 S.W.3d at 396 .

12022–2022
Kotteakos v. United States green
scotus · 1946
1 sentence

2018An "error may be deemed harmless if the reviewing court can say with fair assurance that the • I ' judgment was not substantially swayed by the error." Winstead v. Commonwealth, 283 S.W.3d 678, 689 (Ky. 2009) (citing Kotteakos v. United · States, 328 U.S. 750 (1946)).

12018–2018

Where else courts name it

CA 39 (1976–2026) MI 19 (2006–2025) OH 19 (2002–2026) IL 19 (1983–2025) PA 17 (1978–2025) TX 17 (1990–2025) TN 16 (1995–2026) ID 14 (1994–2025) IA 12 (1918–2024) MN 9 (2007–2017) NY 9 (1987–2017) NM 9 (1998–2023) CT 9 (1987–2026) MA 8 (1993–2025) KS 8 (2003–2022) LA 7 (1993–1999) GA 7 (2006–2024) WI 7 (1996–2023) OR 7 (1983–2025) UT 7 (1992–2024) KY 6 (1999–2025) SD 5 (1988–2020) FL 5 (2003–2022) WA 5 (1987–2024) VA 5 (1984–2025) NJ 4 (1996–2014) WV 4 (2003–2022) RI 4 (2001–2013) MO 4 (2018–2024) VT 4 (1996–2025) ME 4 (1986–2021) CO 3 (1995–2025) MD 3 (2004–2023) AL 3 (1982–2013) IN 3 (2000–2016) MS 3 (2009–2025) ND 2 (1997–1997) OK 2 (2023–2023) NH 2 (1987–2007) NC 2 (2007–2014) DE 2 (1991–2024) AK 2 (2019–2022) DC 2 (1993–2026)

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.

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