16 June

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Lawmakers Consider Marijuana ‘Legalization’

State Senator Perry Clark (D-Louisville) introduced a measure that would allow recreational use of cannabis. What effect would such a law have on DUI drug offenses? Much like similar measures in California and about twelve other states, BR 408 would allow Kentuckians 21 and over to possess up to one ounce of marijuana (about 50 joints) and/or five plants for cultivation; the proposal would also allow free transfer of the ounce or the plants and allow marijuana consumption on private property with the owner's consent. Penalties for possessing more than an ounce or five plants, as well as smoking marijuana in...

12 June

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EU Goes Against Grain And Approves Roundup

Posted by Gary Logsdon Law

in Defective Products

In a move that highlights the inherent difficulties in proving dangerous product cases, the European Union said it would consider extending Roundup’s license.

A newly-issued study from the European Chemical Agency apparently convinced the agency that Roundup was safe, despite a volume of evidence that glyphosate, which is the weed killer’s active ingredient, causes several forms of cancer. A spokeswoman insisted that the EU had considered “the latest state of scientific research” prior to its announcement. Environmental groups roundly criticized the move. Green Party European Parliament member said it “makes no sense to accept the wide range of risks associated with glyphosate.” The EU set no date for the start of discussions.

The retention of the European market could mean an additional $100 million a year for Roundup manufacturer Monsanto.

31 May

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Supreme Court Sides With Ky. Nursing Homes

Posted by Gary Logsdon Law

in Medical Malpractice

Long-term care facilities may use questionable tactics to prevent juries from hearing about nursing home neglect, according to the United States Supreme Court.

The decision came from the pen of Justice Elena Kagan. Justice Clarence Thomas dissented and Justice Neil Gorsuch did not participate in the case.

12 May

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Setting Up And Modifying Spousal Support In Kentucky

Posted by Gary Logsdon Law

in General Litigation

Around the country, there is considerable hand-wringing about the purpose of alimony. Some believe that these support payment should be a mechanism that permanently equalizes the standard of living between the divorcing spouses while others see alimony as a means to an end. The Kentucky alimony law basically strikes a balance between these two extremes, because it allows for permanent payments as long as the obligee spouse can prove a financial or other hardship.

Modification can be a rather undertain proposition, since it can be based on objective income and expense data or on a more subjective relationship change.

08 May

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Complex Injury Car Crash In Nelson County

Posted by Gary Logsdon Law

in Auto Accidents

A serious car wreck in Nelsonville drew first responders from two counties to the scene of a two-vehicle collision.

The wreck happened near the intersection of the Bluegrass Parkway and Nelsonville Road, right around a sharp curve in the road. The vehicle owner from Campbellsville, told investigators that she allowed her friend to drive her Chevrolet Impala; and that the Impala’s tires were bald and she had earlier hydroplaned over a wet spot on the road. As the Impala rounded the curve, it slid over some liquid on the road’s surface, which police believe may have been fuel or oil. The Impala driver lost control and smashed into the passenger side door of a Honda Accord that was traveling in the opposite direction. Two people were transported to nearby hospitals with serious car wreck injuries.

10 April

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Deadly Rear-End Crash Raises Liability Questions

Posted by Gary Logsdon Law

in Auto Accidents

One person is dead after a commercial truck swerved into another lane of traffic and caused a traffic collision.

According to witnesses and authorities, a 2010 International Box Truck was southbound on Interstate 75 between Houston and Turfway roads in Boone County when the truck experienced mechanical issues. The driver suddenly swerved over to the right, crossing directly into the path of an oncoming work truck. The driver of the second vehicle — 50-year-old victim from Union — was declared dead at the scene.

Police do not expect to file charges.

10 March

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Making And Breaking Premarital Agreements: A Primer

Posted by Gary Logsdon Law

in General Litigation

Just like there is nothing romantic about a life insurance policy, there is nothing romantic about a premarital agreement. But they both help people be prepared in case something unexpected happens, whether it be an untimely death or a divorce.

Premarital agreements have benefits during the marriage as well, because they eliminate money from the equation, and money is one of the leading causes of marital friction. These pacts can also set ground rules for inheritance and succession, so insecurity and doubt cannot take root.

Before the advent of the Uniform Premarital and Marital Agreements Act, the complex web of laws meant that only the super-rich needed to bother with premarital agreements. But because of the UPMAA, the law is now much easier to understand and apply.

08 March

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House Passes Workers’ Compensation Reform Measure

Posted by Gary Logsdon Law

in Workers' Compensation

House Bill 296 cleared that chamber along a largely party-line vote and now heads to the Senate for consideration; this measure is the first comprehensive workplace injury bill that Kentucky lawmakers have considered in nearly two decades.

Chief sponsor Rep. Adam Koenig (R-Erlanger) said that he and other lawmakers “worked incredibly hard to pass a fix to workers’ compensation for the sake of both workers and businesses.” He predicts that, if the measure passes, it will save over $100 million year, largely by limiting temporary disability payments and reducing the amount of time that workers have to file claims. The bill also establishes a prescription drug formulary for workplace injury victims and streamlines the system for agreed treatment cases.

Immediately prior to the vote, lawmakers defeated an amendment that would have increased attorneys’ fees and worker benefits.

27 February

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Some Ky. Farmers Eligible To Join Class Action Lawsuit

Posted by Gary Logsdon Law

in Defective Products

The plaintiffs in this action say that Roundup Ready 2 Xtend, a defective product, contained a dangerous herbicide that killed their crops.

20 February

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Teenager Dead Following Police Chase

Posted by Gary Logsdon Law

in Auto Accidents

One person is dead in a vehicle crash, and several others seriously injured, after police cornered a 16-year-old driving an allegedly stolen car near Tates Creek in Lexington. Police first spotted the vehicle near the intersection of Richmond Road and Mt. Tabor Road as they attempted to detain the driver for an unspecified traffic violation. Rather than pull over, the driver accelerated down Mt. Tabor in the direction of Richmond Road. Shortly thereafter, the driver, later identified as a 16-year-old male, started driving the wrong way on New Circle Road. After striking a pickup, a third car collided into the wreckage,...

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