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Kentucky Derby 145: The rules behind the stewards’ decision

May 5, 2019

By now you know that Country House became the first horse to win the Kentucky Derby due to the disqualification of another horse for interference.  But do you know the process behind the decision?

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Businesses take note: Kentucky Court of Appeals rules businesses may not be represented by nonlawyer employees in unemployment insurance challenges

April 26, 2019

In a landmark decision for the Kentucky business community, the Kentucky Court of Appeals has forbidden the common practice of a nonlawyer employee representing the business in unemployment insurance challenges.

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U.S. Supreme Court limits classwide arbitration

April 24, 2019

For years, many businesses have moved toward avoiding the court system for disputes by placing arbitration provisions in their contracts, including employment contracts. Arbitration allows parties to resolve disputes in a private forum and appoint experts to hear the case. Today, the United States Supreme Court issued a decision that will benefit employers by limiting classwide arbitration to those instances where an arbitration agreement expressly authorizes classwide arbitration.

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Supreme Court to determine whether judicial statements privilege applies to professional licensing boards

April 8, 2019

On Thursday, the Kentucky Supreme Court will hear oral argument in a case that could impact the complaint process against licensed professionals. At issue in Maggard v. Kinney is whether the “judicial statements privilege” applies to complaints filed with Kentucky’s professional licensing boards, and specifically whether the privilege absolves the person making a complaint from liability for false statements.

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General Assembly Permits Arbitration for Employment Matters

March 13, 2019

The Kentucky General Assembly has passed a bill to permit employers to require their employees to sign an agreement to arbitrate claims. Senate Bill 7 amends KRS 336.700, which previously prohibited employers from requiring arbitration agreements. Arbitration agreements have become prevalent over the past several decades. Arbitration allows parties to avoid crowded courts, maintain privacy, and have the matter heard by a person familiar with the issues involved. Arbitration can also result in a quicker resolution and less costs. The bill now heads to the Governor, whom I expect will sign the bill. Employers should consider whether to amend their employment contracts, policies, and handbooks to reflect this change when it becomes effective this summer.

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Marsy’s Law

February 8, 2019

This morning, the Kentucky Supreme Court will hear oral arguments related to Marsy’s Law, which amends the Kentucky Constitution to include a list of crime victims’ rights. 63% of Kentucky voters voted in favor of Marsy’s Law last fall. The bill passed 34-1 in the Senate and 87-3 in the House. The issue before the Supreme Court is whether the ballot language explaining Marsy’s Law to voters was sufficiently clear.

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