Recent Blog Posts

Kentucky Supreme Court confirms punitive damages are not recoverable for “fraudulent” breach of contract unless an independent fraud claim exists

Written By: Kyle M. Winslow In Nami Res. Co., LLC v. Asher Land & Mineral, LTD, 2018 Ky. LEXIS 353 (August 16, 2018), the Kentucky Supreme Court recently considered the interplay between punitive damages and a breach of contract claim based on fraud. That case involved a dispute over a gas lease. Under the lease,… Read More »

The Kentucky Fairness in Construction Act and Its Effect on the Construction Industry

In 2007, then-governor Ernie Fletcher of Kentucky signed the Kentucky Fairness in Construction Act into law. The goal of the legislation was to “level the playing field,” as legislators put it, between owners and contractors. It has had wide-reaching effects on the construction industry in several specific areas. Therefore, all owners and contractors must be… Read More »

What’s Included in the Kentucky State Plan for Occupational Safety and Health?

The Kentucky State Plan for Occupational Safety and Health has been in effect for more than 30 years. It applies to all private-sector workplaces in the state, with a few exceptions. These exceptions include: Maritime jobs, such as shipyard employment, longshoring and marine terminals Employment at military bases, Tennessee Valley Authority facilities and other properties… Read More »

Employer Responsibility for Workers’ Compensation in Kentucky

The Kentucky Workers’ Compensation Act (WCA) lists the requirements for employers related to workers’ compensation. The benefits themselves are administered by the Kentucky Department of Workers’ Claims (DWC), which also enforces each employer’s compliance with the WCA. The vast majority of employers in Kentucky must comply with the WCA. Employers are subject to the legislation… Read More »

What Does Kentucky Law Say About General Contractor Liability for Faulty Construction?

How much liability, if any, do general contractors have for faulty construction when subcontractors are also involved in a project? The answer to this question depends not just on the circumstances of the case but also on the state where the project is taking place. In recent years, Kentucky law has been tougher on general… Read More »

What Are Deceptive Trade Practices, and How Are They Covered Under Kentucky Business Law?

The term “deceptive trade practices” encompasses any type of advertising or labeling intended to somehow mislead or deceive consumers. Kentucky has extensive consumer protection laws — in addition to federal laws — to protect consumers from suspicious or disingenuous advertising and sales tactics. There are also mechanisms to punish companies that engage in these practices…. Read More »

Kentucky Law Places Limitations on the Interest Rates Lenders Can Charge

Banks and other loan providers in Kentucky must follow strict state laws regarding the interest rates they may charge. What follows is a brief summary of interest rate laws in the state. Legal maximum rates and judgment rates In Kentucky, the maximum legal interest rate is 8 percent, unless the parties agree otherwise. Even in… Read More »

How Can Kentucky Employers Use Arrest and Conviction Records?

Job hunting can be difficult for a person with a criminal record. There are federal and state protections that can make matters a little easier for these individuals. In Kentucky, job applicants do not have to disclose any expunged records on their employment applications. However, the state does not prohibit employers from considering arrests and… Read More »

Kentucky’s Pro Hac Vice Procedure

Written By: Kyle M. Winslow Today, appearance of lawyers on a pro hac vice basis is more common than ever.  Our law firm serves as local counsel for out-of-state attorneys in a variety of litigation cases.  Additionally, we often work with local counsel who serve our clients in other jurisdictions.  Because of the time-sensitive nature… Read More »

Beware! Kentucky’s Rules on the Unauthorized Practice of Law are Strict

Written By: Todd V. McMurtry As a Kentucky lawyer, who lives on the Ohio border, I have seen Ohio lawyers, not licensed to practice law in Kentucky, “cross the river” to handle Kentucky cases. I have always cautioned these lawyers to tread carefully as Kentucky’s rules that govern the practice of law are stricter than… Read More »

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