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When DIY Goes Wrong: When NOT to Do Your Own Legal Work
There’s an old adage that the person who represents themself in court has a fool for a client. While we are not here to add any insult to the injuries suffered by legal DIYers, that particular line of reasoning may prove instructive in more areas than just court. Legal agreements and transactions may seem simple enough to handle on one’s own, but they can often get complex in a hurry. There’s never a wrong time to consult an attorney, and doing so at the beginning of a transaction can save a mountain of headache at later stages. More >
Peer Review Privilege in Kentucky: A Revolution in Public Policy
KRS 311.377 grants broad privilege protections to peer review proceedings and documentation. As effective on July 14, 2018, this statute extends privilege and confidentiality protections to “the proceedings, records, opinions, conclusions, and recommendations of any committee, board, commission, medical staff, professional standards review organization, or other entity” engaged in performing a designated professional review function. This grant of privilege was enacted, and is effective, in extending statutory protections for nearly all information arising from the retrospective review and evaluation of the competency of professional acts or conduct of healthcare personnel. The 2018 amendments legislatively overrule a long history of Kentucky law that denied privilege protections to healthcare peer review proceedings. More >
Three Types of Immunity You Can't Get from a Vaccine: Defining Governmental, Sovereign, and Qualified Immunity
There is more than one kind of immunity, but amidst all the coronavirus talk, it can be easy to forget that not all of them involve white blood cells and Vitamin C. The legal doctrines of qualified immunity, sovereign immunity, and its similar-but-slightly different successor governmental immunity are often misrepresented, misconstrued, and confused. The distinctions, however, are important to understand the many complex and controversial issues that find their way into public discourse. More >
Get the Biggest Bang for Your Association’s Political Buck!
The strategy of most Trade Associations is to advance shared issues and industries through pooling members’ resources. Nothing impacts those issues and industries more directly than elected officials and the campaigns that bring them into power. A Political Action Committee (PAC) can serve as an effective advocacy tool to maximize member resources and support political candidates who are more likely to support and vote on your association’s initiatives, or even promote specific policy initiatives and action items directly. More >
Avoiding Ethical Pitfalls in the Representation of Family Businesses
As all attorneys know, maintaining an ethically sound practice is one of the fundamental requirements of the legal profession. Nowhere is this requirement more pronounced than in the representation of a family-owned business, which typically presents a variety of complex dynamics for the attorney’s consideration. Dealing with multiple familial owners—as well as the emotional ties between those owners—can often place lawyers in a difficult position, especially from an ethical perspective. However, as long as careful practices are adhered to, many potential ethical pitfalls can be easily avoided. More >
A Fully Informed Insured is a Good Insured – Regardless of the Underlying Facts
As defense attorneys, we are often hired by an individual or entity’s insurance company to zealously defend the interests of their insured. The relationship between insurer, insured and defense counsel can oftentimes be confusing and is riddled with potential landmines for the well-intentioned attorney. As such, candid communication with the insured about this relationship is of paramount importance. More >
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 >
