referred analysis (Kentucky) · Go Syfert
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referred analysis in Kentucky

6 Kentucky opinions name it 3 courts 1921–2023 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.

Followed or applied (2)

CaseFollowedCited
In Re the Marriage of Pattersongreen
kanctapp · 1996 · cited in 2 Kentucky opinions naming this issue, 2016–2016
2 sentences

2016Id. (citing Matter of Marriage of Patterson, 22 Kan.App.2d 522 , 920 P.2d 450, 455 (1996)).

2016Id. (citing Matter of Marriage of Patterson, 22 Kan.App.2d 522 , 920 P.2d 450, 455 (1996)).

22
Hardy v. Beachgreen
kyctapp · 2018 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Hardy, 575 S.W.3d at 696 (“The trial court’s dismissal, based on a contractual agreement conferring the court’s authority to decide the merits of the claim to an arbitrator, necessarily did not touch the merits of the case.”). -8- Therefore, a mere referral to arbitration does not eliminate a party’s rights to seek relief on the referred claim(s).

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 (5)

CaseCitedYears
Downing v. Downing green
kyctapp · 2001
2 sentences

2016Id. (citing Matter of Marriage of Patterson, 22 Kan.App.2d 522 , 920 P.2d 450, 455 (1996)).

2016Id. (citing Matter of Marriage of Patterson, 22 Kan.App.2d 522 , 920 P.2d 450, 455 (1996)).

22016–2016
San Diego Building Trades Council v. Garmon green
scotus · 1959
2 sentences

1979Although dealing with the Labor Management Relations Act and not the Act here in question, the court referred to the rule which has become known as the Garmon rule as elucidated in the case of San Diego Building Trades Council Etc. v. Garmon, 359 U.S. 236, 244 , 79 S.Ct. 773, 779 , 3 L.Ed.2d 775 (1959), as follows: When it is clear or may fairly be assumed that the activities which a State purports to regulate are protected by § 7 of the National Labor Relations Act, or constitute an unfair labor practice under § 8, due regard for the federal enactment requires that state jurisdiction must yie

1979Although dealing with the Labor Management Relations Act and not the Act here in question, the court referred to the rule which has become known as the Garmon rule as elucidated in the case of San Diego Building Trades Council Etc. v. Garmon, 359 U.S. 236, 244 , 79 S.Ct. 773, 779 , 3 L.Ed.2d 775 (1959), as follows: When it is clear or may fairly be assumed that the activities which a State purports to regulate are protected by § 7 of the National Labor Relations Act, or constitute an unfair labor practice under § 8, due regard for the federal enactment requires that state jurisdiction must yie

11979–1979
Smith's Adm'r v. National Coal & Iron Co. green
· 1909
2 sentences

1937Thus, in Smith’s Adm’r v. National Coal & Iron Co., 135 Ky. 671 , 117 S. W. 280, 281 , where a boy under fourteen years of age was employed in a mine in violation of a statute then in force and was injured while riding on some ears loaded with coal, the court referred to the principle that where a statute prohibits a thing for the benefit of a person, he mav maintain an ¡action to .recover damages sustained by reason of the violation of the statute, and said: *270 “We see no reason why this principle should not be applied to infants who are injured when employed in violation of the statute, fo

1937Thus, in Smith’s Adm’r v. National Coal & Iron Co., 135 Ky. 671 , 117 S. W. 280, 281 , where a boy under fourteen years of age was employed in a mine in violation of a statute then in force and was injured while riding on some ears loaded with coal, the court referred to the principle that where a statute prohibits a thing for the benefit of a person, he mav maintain an ¡action to .recover damages sustained by reason of the violation of the statute, and said: *270 “We see no reason why this principle should not be applied to infants who are injured when employed in violation of the statute, fo

11937–1937
Jeffers v. Easton, Eldridge & Co. green
cal · 1896
1 sentence

1921There is a statement in the text of 24 Cyc. 948, that the better rule is, in the absence of a stipulation to the contrary, “there is an implied undertaking (by the assignor) to make out the lessor’s title to the demised premises,” and there is cited in support of the text the cases of Jeffers v. Easton, 113 Cal. 345 ; Krause v. Krause, 58 Ill.

11921–1921
Krause v. Kraus neutral
illappct · 1895
1 sentence

1921There is a statement in the text of 24 Cyc. 948, that the better rule is, in the absence of a stipulation to the contrary, “there is an implied undertaking (by the assignor) to make out the lessor’s title to the demised premises,” and there is cited in support of the text the cases of Jeffers v. Easton, 113 Cal. 345 ; Krause v. Krause, 58 Ill.

11921–1921

Where else courts name it

CA 20 (1914–2025) IL 14 (1939–2022) NY 9 (1889–2020) LA 8 (1914–2017) NJ 7 (1948–2020) OR 7 (1935–2002) MD 6 (1967–2014) OH 6 (1992–2026) KY 6 (1921–2023) KS 5 (1988–2012) WA 5 (1938–2018) PA 5 (1981–2024) AR 4 (1928–2025) FL 4 (1955–1989) OK 4 (1957–1999) MO 4 (1950–1991) TX 4 (1963–2015) MN 3 (1893–1993) MI 2 (1974–2014) TN 2 (2021–2021) MT 2 (2005–2011) SC 2 (1998–2010) IN 2 (1961–2007) VA 2 (1994–2020) DC 2 (1970–2008) CT 2 (2007–2025)

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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