HERALD LEADER ATTORNEY GENERAL’S OPINION JULY 2016: We are pleased to have had the opportunity to assist the Herald-Leader in its commitment to the transparency in government that is protected by both the Open Meetings and Open Records Acts. The information presented at the Trustees’ dinner meeting directly concerned the University’s management of funds, and so is exactly the type of information that our legislature recognizes that the citizens of the Commonwealth must receive in order to hold their public entities accountable. Although we have not yet received a response to our request to the Attorney General for the documents presented during the meeting, we are optimistic that they will soon be provided to the Herald-Leader. We also believe that, because the University chose to have an open meeting, Kentucky’s Open Meetings Act requires that minutes be prepared for the meeting, and those minutes must now be provided. The Attorney General’s Opinion reflects his agreement. Read the article here. UK reports as of August 9, 2016, in the Lexington Herald Leader that it intends to appeal the AG’s decision.
NURSING HOME WRONGFUL DEATH FILING JULY 2016: Miller, Griffin & Marks, PSC filed an action in the Madison Circuit Court in July 2016 alleging the wrongful death of Donald Shelton. Named in the suit as defendant IS Madison Health and Rehabilitation Center in Richmond, Kentucky. Read more.
FEDERAL UPDATE 2016: FEDERAL WAGE-AND-HOUR RULES CHANGES - An important change in the federal wage-and-hour rules becomes effective on December 1, 2016. The new rule recently promulgated by the Department of Labor will increase the salary level from $455 per week ($23,660 annually) to $913 per week (or $47,476 annually). Additional changes were made to the salary rules applicable to the “highly compensated employee” exemption, and the rule provides for automatic updates to the salary and compensation levels every three years. No changes have been made to the “duties test.” Read more.
RECENT LITIGATION MATTER 2016: Litigation with a flooding neighbor: Our litigators address a variety of issues through trial and appeal. In a case of an uphill neighbor focusing and directing ‘unnatural’ water flow on the downhill neighbor, a jury awarded $50,000 in compensatory damages and $75,000 in punitive damages. See Vescio v. Darnell, (Fayette Circuit Court, 99-CI-2531), The verdict was affirmed by the Kentucky Court of Appeals in Case 2013-CA-189, rendered January 29, 2016. The appellate court further ordered the case remanded to the trial court with directions to enjoin the uphill neighbor by requiring that all the holes in their brick wall be “plugged” to prevent further intentional flooding of the downhill neighbor.
RECENT FAMILY LAW MATTER 2016: Our Family Law Group is active through all levels of litigation. In what appears to be a case of first impression in Kentucky, in December 2015 they successfully reversed the lower courts’ rulings related to a conflict between an IRA beneficiary form that was not changed as required by the terms of divorce and the Divorce Decree. Sadler v. Van Buskirk, 2013-SC-809-DG, Kentucky Supreme Court, December 17, 2015.
THE FIRM HISTORY: Since its formation over 80 years ago, Miller, Griffin & Marks has remained a primarily litigation-oriented firm, representing both plaintiffs and defendants in all types of civil proceedings. In addition to our dedicated Litigation Division, the members of our Equine and Family Law Divisions are also primarily litigators. Litigation Division attorneys also perform work in the equine and family law areas. Our firm's team-oriented approach provides our clients with a broad spectrum of litigation experience and skills. Although we have been involved in litigation in Tennessee, Oklahoma, California, Florida, and New York, our primary work is through the state and federal courts located in Kentucky. We have substantial experience in all four levels of the Kentucky court system, the United States District Courts for the Eastern and Western Districts of Kentucky, the United States Sixth Circuit Court of Appeals, local government proceedings, and administrative tribunals.
Our attorneys regularly practice in the areas of criminal law, personal injuries, insurance disputes, real estate disputes, and commercial disputes, including bank foreclosures, contractual issues and disputes brought against fiduciaries and/or professionals.