In Kentucky, medical malpractice occurs when a healthcare professional (such as a doctor, nurse or other hospital staff member) is medically negligent, leading to injury for a patient. Medical negligence arises from any acts or failures to act that fall below the standard of care expected of competent medical professionals. To determine if the action… Read More »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »