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Summary: 393 F. Supp. The named plaintiffs represent a class composed of those persons in Kentucky who have been unemployed, and who have applied for unemployment insurance benefits in Kentucky, and who have not received payment of said benefits within 14 days after their application has been filed. The complaint requests the Court to enter a judgment declaring that the delay of payment of unemployment insurance benefits beyond 14 days is inconsistent with the Social Security Act and the provisions of 42......read more.


Summary: 139 F. Supp. 679 (1956) Curlee BROWN, Plaintiff, v. Ross RUTTER, F. H. Trewolia and Floyd Jett, Jury Commissioners of McCracken County, Kentucky; and Russell Jones, Sheriff of Said County, Defendants. Claiming that the defendants are maintaining a custom established by their predecessors in office, of long standing, to systematically exclude qualified Negroes from jury service by failing to place their names in the jury wheel and to summon them as bystander jurors, solely because of their race o......read more.


Summary: 7 F. Supp. The plaintiffs seek in this action to enjoin Thomas J. Sparks, United States attorney for the Western district of Kentucky, and J. R. Layman, state compliance director of Kentucky, appointed under the National Industrial Recovery Act (48 Stat. 195), from initiating or prosecuting any suit or suits in equity or any criminal proceedings against them for violations of a certain order issued by General Hugh S. Johnson, Administrator for National Recovery, on March 31, 1934, as supplemente......read more.


Summary: 3 F. Supp. This is a suit under the Urgent Deficiencies Act, 28 USCA §§ 41 (27, 28) 42-47, to enjoin the enforcement of an order of the Interstate Commerce Commission, issued November 7, 1932, requiring interstate railroads operating in Kentucky to establish and maintain for the transportation of all intrastate traffic within the state rates which shall not be lower than the rates in force and applicable to corresponding interstate traffic within the state, plus the surcharges authorized by the ......read more.


Summary: 628 F. Supp. This matter is before the Court on Defendant BIC USA's motion for summary judgment on the ground that Plaintiff's claims for product liability, breach of warranty, failure to warn, and violation of the Kentucky Consumer Protection Act are preempted by the Consumer Product Safety Act ("CPSA"), 16 C.F.R. 1210 (1993). 2d 407 (1992); State Farm Bank v. Reardon, 539 F.3d 336, 341-42 (6th Cir.2008). See, e.g., Greenawalt v. Philip Rosenau Co., Inc., 471 F. Supp. 2d 531, 534 (E.D.Pa.2007) ......read more.


Summary: 53 F. Supp. Hemmeter Cigar Co. v. Congress Cigar Co., 6 Cir., 118 F.2d 64, 70; Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co., 6 Cir., 119 F.2d 316; Id., 316 U.S. 203, 205, 62 S. Ct. 1022, 86 L. Ed. Hemmeter Cigar Co. v. Congress Cigar Co., 6 Cir., 118 F.2d 64, 71; Mishawaka Rubber & Woolen Mfg. Co. v. S. S. Kresge Co., 6 Cir., 119 F.2d 316, 323; Id., 316 U.S. 203, 205, 62 S. Ct. 1022, 86 L. Ed. Newport Sand Bank Co. v. Monarch Sand Mining Co., 144 Ky. 7, 9, 10, 137 S.W. 784, 34......read more.


Summary: 3 F. Supp. This matter is before the court on motion of the plaintiff, Sean V. McGinnis ("McGinnis"), for an order in limine precluding the defendant from introducing evidence of collateral source payments in the trial of this matter. 1477 (1941)] ..." Barkanic v. General Administration of Civil Aviation of the People's Republic of China, 923 F.2d 957, 960 (2d Cir.1991) (emphasis in original). As noted in *769 Jackson v. City of Cookeville, 31 F.3d 1354, 1359 (6th Cir.1994), "The collateral sour......read more.


Summary: 336 F. Supp. 2d 647 (1967); Escalera v. New York Housing Authority, 2nd Cir., 425 F.2d 853 (1970); Hall v. Garson, 5th Cir., 430 F.2d 430 (1970); Santiago v. McElroy, 319 F. Supp. 284 (E.D.Pa., 1970); Laprease v. Raymours Furniture Co., Inc., 315 F. Supp. 716 (N.D.N.Y.1970); and Klim v. Jones, 315 F. Supp.


Summary: 492 F. Supp. 2d 709 (2007) GREAT AMERICAN INSURANCE COMPANY, Plaintiff v. LAWYERS MUTUAL INSURANCE COMPANY OF KENTUCKY, Defendant. he case appears to turn on the analysis of two contractual provisions: Great American's "excess" clause and LMICK's "escape" clause. Overstreet v. Norden Lab., 669 F.2d 1286, 1290 (6th Cir.1982). All three of these factors suggest that the Great American policy assumed the primary risk of the malpractice claims against Paletti for acts committed while he was an emplo......read more.


Summary: 420 F. Supp. In this case, Plaintiff, Louisville Gas and Electric Company ("LG & E"), seeks to recover damages from Defendants, Continental Field Systems, Inc. ("Continental") and Advanced Welding Services, LLC ("Advanced Welding"), arising from a broken fan shaft on an electrical generating unit at the LG & E Cane Run Road facility. Beck v. Haik, 377 F.3d 624, 641 (6th Cir.2004). Id; Welsh v. United States, 844 F.2d 1239, 1243 (6th Cir.1988). United States v. Wagner, 382 F.3d 598, 616 (6th Cir.......read more.


Summary: 153 F. Supp. See Sunbeam Corp. v. Payless Drug Stores, D.C.N.D.Cal.1953, 113 F. Supp. Headrick v. Atchison, Topeka & Santa Fe Railroad Co., 10 Cir., 1950, 182 F.2d 305; Greve v. Gibraltar Enterprises, Inc., D.C.D.N.Mex.1949, 85 F. Supp.


Summary: 234 F. Supp. Plaintiffs, Michael Hasken and Gregg Hasken, (hereinafter the term "Haskens" refers to all plaintiffs who have filed their consent to join the case) along with other current and retired firefighters, claim that by miscalculating their regular rate of pay for purposes of determining overtime compensation, the City has underpaid its firefighters in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. ("FLSA"). Hasken v. City of Louisville, 173 F. Supp. Hasken, 173 F.Su......read more.


Summary: 838 F. Supp. *320 F. Thomas Conway, White, Conway & Adams, Louisville, KY, for plaintiffs, Wilma O'Bryan, Parent and Next Friend of John C. O'Bryan, and John C. O'Bryan. Volkswagen argued that O'Bryan's claims relating to lack of a manual lap belt were impliedly preempted by FMVSS 208 and its enabling legislation, the Safety Act. Volkswagen claimed that its choice not to utilize a manual lap belt with its automatic seat belt protection system could not be challenged by O'Bryan via a state common......read more.


Summary: 141 F. Supp. Defendant Jerry Glenn Tosh ("Tosh") moves the Court to correct his 1985 sentence pursuant to Federal Rule of Criminal Procedure 35(a); United States v. Dale, 178 F.3d 429 (6th Cir.1999) and the Supreme Court's recent decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. Defendant argues that under these decisions his ten year sentence — which exceeds the statutory maximum sentence for a 1982 crime involving only marijuana[1] — is illegal because his jury retu......read more.


Summary: 344 B.R. 817 (2006) In re Andrew S. MICKLER, Debtor. Andrew S. Mickler, Plaintiff, v. Terry J. Mickler, Defendant. In the second case, Appellant appeals the Bankruptcy Court's determination dated April 25, 2005, that the debtor's bad faith warranted dismissal of his Chapter 11 proceeding, that the debtor was barred from refiling a petition under Title 11 for 24 months, and that the debts arising from the divorce of the debtor and Terry J. Mickler were forever nondischarge able. The court further......read more.


Summary: 345 F. Supp. 345 (1972) Edward and Darlene BAKER, with, and in behalf of their minor child, Glenn Anthony Baker, and all other persons similarly situated, Plaintiffs, v. Allen HAMILTON, Sheriff and Jailor of Jefferson County, Kentucky, et al., Defendants. The pleadings allege in substance that the juveniles are being unconstitutionally placed by the Juvenile Court in the Jefferson County Jail. It is alleged that imprisonment and detention of such juveniles in the Jail violates the rights of juve......read more.


Summary: 368 F. Supp. At the time of the accident, the owner had a Personal Excess Liability Insurance Policy with plaintiff, Aetna Insurance Company, which designated her as the named insured. If the insured has other insurance against a loss covered by Part I of this policy for a greater proportion of such loss than the applicable limit of liability stated in the declarations bears to the total applicable limit of liability of all valid and collectible insurance against such loss; provided, however, th......read more.


Summary: 393 F. Supp. *329 Edwin F. Kagin, Jr., James R. Voyles, Louisville, Ky., Scott L. Mayorga and Henry Harber Rubin, Beverly Hills, Cal., for plaintiff. F. Larkin Fore, Louisville, Ky., for defendants. His wife, defendant Mary Jo Pecora, left the company at the same time, and within two days she and her husband had procured Agreements, for a firm entitled Action Advertising Associates, Inc., operated by Phil Pecora, a brother of Rocco Pecora, with 14 bowling centers, 13 of which were located in Lou......read more.


Summary: 664 F. Supp. Plaintiffs claim that the defendants' suspension of visitation privileges without a hearing violates section 12 of the consent decree as set forth in Kendrick v. Bland, 541 F. Supp.