Kentucky Supreme Court to hear variety of oral arguments this week
FRANKFORT, Ky. (Press Release) – The Supreme Court of Kentucky will hear oral arguments Wednesday and Thursday, including arguments involving a dispute between the city of Fort Wright and Kentucky Retirement Systems about how KRS invested pension funds. Proceedings will take place in the Supreme Court Courtroom on the second floor of the state Capitol in Frankfort.
The public can watch proceedings via a livestream on KET’s website. To watch proceedings later, visit the Supreme Court section of the site.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.
Oral Arguments
WEDNESDAY, AUG. 18, 2021
10 a.m. ET
2020-SC-0010-DG
PAUL KEARNEY, M.D. V. UNIVERSITY OF KENTUCKY
Whistleblower Protection Act. KRS 61.102. Protected Disclosure. Issues include whether a University-employed doctor made a protected disclosure of suspected wrongdoing by a public entity when the doctor: (1) informed the dean of a potential violation of University regulations; (2) told the dean, general counsel, a member of the board of trustees, and the executive vice president of medical affairs that the Kentucky Medical Services Foundation needed to be independently audited; (3) emailed general counsel to allege that the executive vice president of medical affairs was attempting to gain unfettered control of the Foundation’s funds; and (4) filed a whistleblower lawsuit repeating his allegations.
Discretionary Review Granted: 10/22/2020
Fayette Circuit Court, Judge Ernesto Scorsone
Counsel for Appellant: Bernard Pafunda
Counsel for Appellee: Bryan H, Beauman & Donald C. Morgan
11 a.m. ET
2021-SC-0008-DGE
J.S.B. V. S.R.V.
Child Custody. Issues involve attempted adoption of two children, not involving a stepparent, without termination of both biological parents’ parental rights; and application and viability of parental waiver as discussed in Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010) in light of Obergefell v. Hodges, 576 U.S. 644 (2015).
Discretionary Review Granted: 4/20/2021
Livingston Circuit Court, Judge Clarence A. Woodall, III
Counsel for Appellant: Jennifer Sacharnoski Nelson
Counsel for Appellee: Alisha Kay Bobo, Brad A. Miller
THURSDAY, AUG. 19, 2021
10 a.m. ET
2019-SC-0226-DG
LINDSEY CHILDERS, AS ADMINISTRATRIX OF THE ESTATE OF CAMERON PEARSON, ET AL. V. WILLIAM S. ALBRIGHT, ET AL.
Tort Law. KRS 503.085. Self-Defense Immunity. Collateral Estoppel. Issues presented include whether a court’s ruling that a defendant in a criminal case is entitled to self-defense immunity bars re-litigation of the immunity issue in a subsequent civil action.
Discretionary Review Granted: 4/22/20
Jefferson Circuit Court, Judge Mitchell Perry
Counsel for Appellants: Kevin C. Burke, Jamie K. Neal, Martin A. Pohl and Richard A. Hessing
Counsel for Appellees: Gregg E. Thornton, Maxwell D. Smith, Alexandra DeMoss-Campbell, Aida Almasalkhi, Charles H. Cassis, Melissa Thompson Richardson, Ryan W. Becker
Note: Lambert, Nickell, JJ., not sitting. Special Justices Julie A. Tennyson and Cheryl U. Lewis, sitting.
11 a.m. ET
CITY OF FORT WRIGHT, KENTUCKY, ET AL. V. BOARD OF TRUSTEES OF THE KENTUCKY RETIREMENT SYSTEMS (2020-SC-0053-DG) & BOARD OF TRUSTEES OF THE KENTUCKY RETIREMENT SYSTEMS V. CITY OF FORT WRIGHT, KENTUCKY, ET AL. (2020-SC-0477-DG)
Public Pensions. County Employees Retirement System (CERS). Statutory Interpretation. Issues include whether KRS 78.790(1), which requires CERS to invest in securities which are “permitted for the investment of funds by fiduciaries in this state[,]” prohibits CERS from investing in financial products that are not included in KRS 386.020, which includes a list of authorized investments for trust funds.
Discretionary Review Granted: 9/16/20 & 12/09/20
Franklin Circuit Court, Judge Thomas D. Wingate
Counsel for Appellants/Cross-Appellees: Amy L. Hunt, Todd V. McMurtry, Timothy B. Theissen, Ronald R. Parry, Robert R. Sparks, Michael Bartlett, Jack S. Gatlin, Frank A. Wichmann
Counsel for Appellees/Cross-Appellants: Robert W. Kellerman
Note: Nickell, J., not sitting.
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