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Showing 4 posts from 2018.
Kentucky Equine Liability: When the Potential Buyer Takes a Tumble
Recently the Kentucky Supreme Court addressed liability issues facing Kentucky horsemen when offering riding horses for sale. The sale of horses for riding use is a common facet of the horse business in Kentucky, and test rides are frequently part of the sale process. A test ride, however, opens the door to unique liability issues. In 1996, the General Assembly enacted the Farm Animals Activity Act (“FAAA”), which dictated that the inherent risks associated with farm animals, including horses, are beyond the reasonable control of farm animal activity sponsors, professionals, or other involved persons. However, this statute left several exceptions permitting liability on the table. Until recently, no published case law in Kentucky provided guidance for the application of these exceptions. In August 2018, the Kentucky Supreme Court clarified the FAAA exceptions involved with a potential buyer riding a sales horse in Daugherty v. Tabor. More >
With Great Power, Comes Great Liability?
As medical advancements and patients in need of medical care continue to increase, the role of mid-level practitioners becomes even more crucial. While there have been many turns of phrase for these medical professionals, the term “mid-level practitioner” is meant to encompass those non-physician providers, which include advanced practice nurses and physician assistants, among others. In Kentucky, there has been a shortage of primary care providers, which is particularly problematic in the state’s many rural areas. This in turn has led to the push for more autonomy to these integral medical providers. While there are many reasons why this development is an improvement for patients and providers alike, this also leads to more liability exposure. More >
New Bankruptcy Rules in Effect
Amendments to the Federal Rules of Bankruptcy Procedure brought important changes to the administration of consumer bankruptcy cases, particularly Chapter 13 cases, effective on December 1st of 2017. These new rules require adjustment to the calendaring of the due date for a proof of claim. The most prominent rule changes are a new proof of claim bar date tied to the date of the bankruptcy filing, a requirement that secured creditors file a proof of claim, the required use of a Model Chapter 13 Plan, deadlines regarding plan confirmation, and methods by which courts can determine the amounts of secured claims. More >
Pre-Trial Challenges to Experts in Professional Liability Cases: Sometimes the Best Strategy is Not to Play
We’ve all been there. An opposing expert lacks the proper credentials, utilized shoddy techniques in forming the opinion and/or provides irrelevant opinion testimony and you feel compelled to file a Daubert challenge. After all, Plaintiff’s case will fall apart if you are successful in excluding the expert. More >
