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Summary: 710 F. Supp. Most federal courts have held that for corporal punishment to be a violation of a student's substantive due process rights, it must fall within the "shocks the conscience" test established by the Supreme Court in Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. The Second Circuit applied the Rochin test to § 1983 police brutality cases in Johnson v. Glick, 481 F.2d 1028 (2d Cir.)The Fourth Circuit Court of Appeals, in Hall v. Tawney, 621 F.2d 607 (4th Cir. 1980), establi......read more.


Summary: 505 F. Supp. 397 (1978) M. R. GODLEY, Plaintiff, v. PIEDMONT LAND SALES, INC. et al., Defendants. A. First Series: Deed of Trust Transactions On January 21, 1972 Piedmont executed a deed of trust purporting to convey to Robert Morgan, as trustee, eighty-four (84) tracts of two hundred (200) acres each.On July 23, 1973 John Jackson, as substitute trustee, purported to sell to Piedmont at public auction, as the highest and best bidder for cash in hand, one hundred and nineteen (119) tracts[3] of K......read more.


Summary: 842 F. Supp. See e.g., Riden v. ICI Americas, Inc., 763 F. Supp. 1500 (W.D.Mo.1991); But see Kennan v. Dow Chemical Co., 717 F. Supp. See Cipollone v. Liggett Group, Inc., 893 F.2d 541 (3rd Cir.1990); Cipollone v. Liggett Group, Inc., 649 F. Supp.


Summary: 851 F. Supp. 835 (1994) STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Plaintiff, v. KENTUCKY SCHOOL BOARD INSURANCE TRUST, Defendant. I. INTRODUCTION This is an insurance contract dispute over which insurance policy covers an accident relating to a school bus accident where a child was hit by an oncoming car as the child was crossing the street after exiting a school bus. The plaintiff, State Farm Mutual Automobile Insurance Company [State Farm], provided automobile insurance coverage for the Boar......read more.


Summary: 227 F. Supp. 2d 667 (2002) Lisa Carroll SMITH, Plaintiff, v. FRANKLIN COUNTY, et al., Defendants. Smith's Medication Log Sheet from her time at the FCCC states that she began receiving Dilantin on the evening of December 20, 2000, but Smith denies receiving any Dilantin until December 21, 2000, the date she believes it was delivered to the FCCC by a friend. Hall v. Tollett, 128 F.3d 418, 422 (6th Cir.1997). Federal Law Claims Against Defendants Should Not Be Dismissed for Failure to Exhaust Admi......read more.


Summary: 549 F. Supp. John T. Ballantine, Ogden, Robertson & Marsahll, Louisville, Ky., for defendants Glenn Baird, M.D., Sylvan Golder, M.D., C.C. Hugan, M.D., Robert T. Longshore, M.D., and John H. Siehl, M.D. Rufus Lisle, Harbison, Kessinger, Lisle & Bush, Lexington, Ky., for defendants The Medical Protective Co., Carl M. Brueggeman, M.D., Robert W. O'Conner, M.D., Robert G. Heimbrock, M.D., Leroy C. Hess, M.D., Richard J. Menke, M.D., Howard A. Herringer, M.D. G. David Schiering, Thomas C. Hill, Taft......read more.


Summary: 662 F. Supp. 131 (1987) KANAWHA STEEL & EQUIPMENT COMPANY and Giant Wholesale Grocery Company, Plaintiffs, and Pepsi Cola Bottling Company of Corbin, Intervening Plaintiff, v. DORSEY TRAILERS, INC., Defendants and Third-Party Plaintiff, v. HUTCHENS INDUSTRIES, INC., Third-Party Defendant. [*] This action arises out of a truck accident that occurred on April 7, 1981 on US Highway 25-E in Knox County, Kentucky involving Kanawha Steel & Equipment Company, Giant Wholesale Grocery Company, and Pepsi ......read more.


Summary: 683 F. Supp. See, e.g., Morast v. Lance, 807 F.2d 926 (11th Cir.1987) (employee fired for reporting illegal activity had no RICO standing; however, court implies employee would have had standing if fired for refusing to participate); Nodine v. Textron, Inc., 819 F.2d 347 (1st Cir.1987). See Komm v. McFliker, 662 F. Supp. See Grantham & Mann, Inc. v. American Safety Products, Inc., 831 F.2d 596, 606 (6th Cir.1987) (plaintiff suffered no loss, direct or indirect), quoting Haroco, Inc. v. American ......read more.


Summary: 716 F. Supp. On June 20, 1989, Berrios was informed by defendant Patrick Kane, warden of FCI, that her furlough request was denied and that the prison would not allow her to store her pumped breast milk in the unit refrigerator or to make arrangements to have the pumped milk provided to the infant. In re DeLorean Motor Co., 755 F.2d 1223 (6th Cir.1985); Barton v. Bergland, 444 F. Supp. In the first case, Dike v. School Board, 650 F.2d 783 (5th Cir.1981), a public school teacher challenged the co......read more.




Summary: 621 F. Supp. After Crossmann's merger into what ultimately became Beazer Homes Investments LLC ("Beazer"), Beaumont homeowners complained of property damage and related medical issues resulting from water intrusion into their houses, which they claim was a result of faulty workmanship by Crossmann and/or its subcontractors.Beazer then submitted claims to CIC for houses with closing dates between December 1998 and July 1, 2002, that have incurred damage as a result of water intrusion. It then fil......read more.


Summary: 45 F. Supp. 2d 578 (1999) Misty Dawn MESSICK, Plaintiff, v. TOYOTA MOTOR MANUFACTURING, KENTUCKY, INC., et al., Defendants. I. Plaintiff, Misty Dawn Messick, filed this action in Scott County Circuit Court on May 7, 1998 alleging sexual harassment, breach of contract and intentional infliction of emotional distress. 2d 318 (1987); Agnifili v. KFC Corp., 924 F. Supp. In addition, the removal statutes must be strictly construed with all doubts cast against removal, Her Majesty the Queen v. City of......read more.


Summary: 517 F. Supp. ORDER GREGORY F. VAN TATENHOVE, District Judge. This matter is before the Court on the Motions for Summary Judgment filed by the Plaintiff and the Defendant [R. 38-39]. Ball claims that Stalnaker, a licensed attorney, committed legal malpractice *948 during his representation of him in 1996 in a civil action in Pike Circuit Court. [1] In that action, styled Hamilton v. Ball, et al, Pike Civil Action 96-CI-867, Hamilton claimed that Ball committed fraud, conversion, and theft related......read more.


Summary: 17 F.2d 167 (1926) CUMBERLAND PIPE LINE CO. v. LEWIS et al. In order that plaintiff may be entitled to the interlocutory injunction, because of the commission's fixing of the value of plaintiff's capital stock at the sum of $7,550,227, it is essential, according to the decision of the Kentucky Court of Appeals in the case of Kentucky Heating Co. v. Louisville, 174 Ky. 142, 148, 192 S.W. 4, that the commission, in so fixing, acted "corruptly or fraudulently," or the valuation which it made must h......read more.


Summary: 55 F. Supp. This matter is currently before the Court on two separate summary judgment motions filed by Hall and Defendants, Ashland Independent School District and Superintendent Larry Graves [Record Nos. 32 & 34]. Andrea Williams At the December 18, 1997 pretrial conference, the Court gave the parties permission to depose one more essential witness, Plaintiff's friend and former co-worker, Andrea Williams [Record No. 55]. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1477 (6th Cir.1989). Educ.......read more.


Summary: 715 F. Supp. Smith v. Hudson, 600 F.2d 60, 63 (6th Cir.1979) (citing cases — citations omitted). Schultz v. News-week, 668 F.2d 911, 918 (6th Cir.1982). Ecclesiastical Order of the Ism of Am, Inc. v. Chasin, 845 F.2d 113, 115 (6th Cir.1988) (citing Hutchinson v. United States, 677 F.2d 1322 (9th Cir.1982)); see Brandon v. Holt, 469 U.S. 464, 471-72, 105 S. Ct. 873, 877-78, 83 L. Ed. See, e.g., Moore v. U.S. House of Representatives, 733 F.2d 946, 954-55 (D.C.Cir.1984) ("[d]eclaratory relief *185......read more.


Summary: 99 F. Supp. 2d 797 (2000) Kaye BLANTON, et al., Plaintiffs, v. COOPER INDUSTRIES, INC., et al., Defendants. Harry K. Herren, Jill F. Lowenbraun, Woodward, Hobson & Fulton, Louisville, *799 Clifford J. Zatz, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, for Cooper Industries, Inc., McGraw Edison Company, defendants. This matter is before the court upon the defendants' motion for summary judgment [Record No. 35] and the plaintiffs' motion to strike affidavits of William Redwine and Paul R. Le......read more.


Summary: 788 F. Supp. MEMORANDUM OPINION & ORDER GREGORY F. VANTATENHOVE, District Judge. A Kentucky statute addresses this defense: In any product liability action, if the manufacturer is identified and subject to the jurisdiction of the court, a wholesaler, distributor, or retailer who distributes or sells a product, upon his showing by a preponderance of the evidence that said product was sold by him in its original manufactured condition or package, or in the same condition such product was in when r......read more.


Summary: 610 F. Supp. 2d 759 (2009) Lisa KELLY, et al., Plaintiffs, v. CITY OF FORT THOMAS, KENTUCKY, et al., Defendants. [1] [Record No. 22] For the reasons discussed below, the Court will grant the Defendants' motion with respect to all issues with the exception of the issue of whether Ordinance § 91.51 is preempted by state law. [Record No. 1] Pursuant to this Court's July 30, 2008, Memorandum Opinion and Order, the § 1983 claims asserted against Defendants Mary Brown, Barbara Runge, James Doepker, Ro......read more.