Topics discussed by Ct. of Appeals for Feb. 13, 2009

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TOPICS DISCUSSED THIS WEEK BY KY. CT. OF APPEALS:

BREACH OF CONTRACT CLAIM RE: INSURANCE POLICY-DISCOVERY OF FRAUD-ORAL CONTRACT-PUNITIVE DAMAGES REMITTAL
  TO BE PUBLISHED EMPLOYMENT DISCRIMINATION-HEARSAY-JUDICIAL NOTICE-SEVERANCE OF TRIALS-PARTIES TO APPEAL-DISQUALIFICATION OF ATTORNEY-PUBLIC RECORDS EXCEPTION-JURY INSTRUCTIONS
 

beneficiary statute of FEGLI insurance policy denies due process
 housekeeping ruling for dismissal of civil cases-with prejudice-without prejudice
 

inheritance) expectancy not yet in existence cannot serve as consideration in contract formation  
TO BE PUBLISHED  settlement agreement interpretation-oral contracts-de nova review by appellate court-agreement to add additional terms to handwritten settlement agreement  
 Trial court did not issue findings of fact as directed upon remand…so case remanded again
 

elements of tort claim- low head dam open and obvious-causation-licensee
 sua sponte court order  modifying child support improper – motion must be filed before court can modify child support
 

TO BE PUBLISHED assignment of legal malpractice claim invalid – proceeds from assignment invalid
 

TO BE PUBLISHED  contingent remainder-vested remainder-life
 TO BE PUBLISHED  worker’s compensation- university evaluators qualifications
 

unfair settlement of claims standards-
 trial court improperly struck pleadings for delay during stay mandated by related bankruptcy
 

TO BE PUBLISHED insurance policy definition of “automobile” ambiguous, court gives its own definition
 TO BE PUBLISHED court erred in reviewing legislative record in overruling smoke free ordinance in absence of ambiguity of ordinance
 

best interests of child-abandonment-de facto custodian
 prison discipline review standards of proof
 

TO BE PUBLISHED  jurisdiction of family court limited when custodial parent lives with children out of state
 fact based award of child custody-findings of fact omission argument must be raised to trial court
 

sufficient evidence to support child abuse finding
 fact based award of child custody-findings of fact omission argument must be raised to trial court
 

termination of parental rights upheld
 award of attorney fees-failure to support income claims by wife in the record – change in financial condition merits modification
 

worker’s compensation-the three multiplie-alj finder of fact
 TO BE PUBLISHED – mistrial-double jeopardy-failure to object –implied waiver of objection
 

11.42 motion
 child witness incompetent to testify

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