MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN II, District Judge. Plaintiff filed this action in Jefferson Circuit Court, alleging breach of contract, violation of the Kentucky Unfair Claims Settlement Practices Act, breach of duty to act in good faith, violation of the Kentucky Consumer Protection Act, and violation of a licensure statute, based upon Defendant's denial of her claim for long-term disability ("LTD") benefits. After Defendant removed to this Court, Plaintiff has moved to remand...
MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, District Judge. This matter is before the court upon defendant's motion to dismiss for failure to state a claim (R. 7). For reasons discussed below, the motion will be granted. Lori A. Blair worked as a warehouse operator at Johnson & Johnson ("J & J")'s facility in Fairdale, Kentucky, beginning in February 2008. She was a participant in J & J's Long Term Disability Income Plan ("LTD Plan"). In August 2008 she stopped working and began to...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court upon Cross-Motions for Summary Judgment filed by Plaintiff Caudill Seed & Warehouse Co., Inc. ("Caudill Seed") [DN 40] and Defendant Houston Casualty Company ("Houston Casualty")[DN 41]. Fully briefed, this matter is ripe for decision. For the reasons discussed below, Plaintiff's Motion for Summary Judgment is denied and Defendant's Motion for Summary Judgment is granted in part and denied in...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., District Judge. This matter is before the Court on Defendant's Supplemental Motion for Summary Judgment [DN 143]. Fully briefed, this matter is ripe for decision. For the following reasons, the Court GRANTS IN PART and DENIES IN PART the Defendants' supplemental motion for summary judgment. I. STANDARD OF REVIEW Before the Court may grant a motion for summary judgment, it must find that there is no genuine dispute as to any material...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Senior District Judge. This matter is set for trial on January 9, 2012. In anticipation of the final pretrial conference, the parties have filed a number of motions in limine. These motions have been fully briefed and are now ripe for adjudication. Below is the Court's ruling on each of these matters. I. BACKGROUND Zometa and Aredia are two FDA-approved intravenous bisphosphonate ("IV BP") drugs, manufactured by Defendant Novartis...
MEMORANDUM OPINION AND ORDER JOSEPH H. McKINLEY, JR., Chief Judge. This matter is before the Court on Defendant Larry Bennett's Motion for Summary Judgment [DN 34] and Plaintiff Tim Pierce's Motion for Partial Summary Judgment [DN 35]. Fully briefed, this matter is ripe for decision. For the following reasons, the Court GRANTS the Defendant's motion and DENIES the Plaintiff's motion. I. BACKGROUND The material facts at issue in this case are not heavily disputed. Defendant Larry...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiff, the United States Securities and Exchange Commission (the "SEC"), brought this action against eight defendants for alleged violations of Section 10(b) of the Securities Exchange Act of 1934 ("SEA"), 15 U.S.C. 78j(b) and its accompanying Rule 10b-5, 17 C.F.R. 240.10b-5. The Complaint alleges insider trading in securities of Louisville-based Steel Technologies, Inc. ("STTX") prior to the February 28, 2007...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff's Motion to Remand to the Circuit Court of Hardin County, Kentucky. DN 169. Defendants have responded. DN 173. Plaintiff has replied. DN 183. This matter is now ripe for adjudication. For the following reasons, Plaintiff's motion is DENIED. BACKGROUND Plaintiff John Daugherty filed his original complaint in the Circuit Court of Hardin County, Kentucky on December 27, 2007. The...
MEMORANDUM OPINION CHARLES R. SIMPSON III, District Judge. Defendants have removed this case to federal court on the grounds that 301 of the Labor Management Relations Act of 1947, 29 U.S.C. 185 ("LMRA"), preempts plaintiffs' state law claims. Plaintiffs now move to remand this case to state court, asserting that their verified amended complaint only asserts claims under Kentucky law. (DN 8). Plaintiffs filed this action in Jefferson Circuit Court, alleging discrimination in employment...
MEMORANDUM OPINION AND ORDER JOHN G. HEYBURN, II, District Judge. Plaintiffs, Texas Capital Bank, N.A. ("Texas Capital"), Liberty Mutual Insurance Europe Limited trading as Liberty International Underwriters ("Liberty"), and Certain Underwriters at Lloyd's London who are members of Syndicate Nos. 4444, 2003 and 4000 subscribing to Bond No. FA054730g002 ("Lloyd's Underwriters") (collectively "Texas Capital" or "Plaintiffs"), bring this action alleging they sustained $3.2 million in losses...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter comes before the Court on Defendant Waad Ramadan Alwan's motion to dismiss counts one and two of the criminal indictment (DN 40). The Government has responded (DN 42) and Defendant has replied (DN 44). This matter is now ripe for adjudication. For the reasons that follow, Defendant's motion is DENIED. BACKGROUND The relevant facts for this motion are as follows. 1 Alwan, an Iraqi national, is alleged to have...
MEMORANDUM OPINION AND ORDER JENNIFER B. COFFMAN, District Judge. Pending before the court are the plaintiffs' motions to exclude the testimony of Robert Larson, R. 2364, Eddie Cooper, R. 2364, and Kevin Breen, R. 2434. Also pending are the motions of defendants Yamaha Motor Co., Ltd., Yamaha Motor Corp., U.S.A., and Yamaha Manufacturing Corp. of America (collectively "Yamaha") to exclude the proposed testimony of James Williams, R. 2371, Catherine Downs, R. 2370, William Kitzes, R. 2369, and...
MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiffs' Motion for Judgment on Counts I & II (Docket #67). Defendant has responded (Docket #77). Plaintiff has replied (Docket #79). The Court has reviewed the administrative claim file (Docket #51). This matter is now ripe for adjudication. BACKGROUND On May 28, 2006, Wade Thies was killed while operating a jet ski on Kentucky Lake. Administrative Record at 198-99 [hereinafter "A.R. at ___"]....
MEMORANDUM OPINION CHARLES R. SIMPSON, III, District Judge. This matter is before the court on cross-motions for summary judgment on the claim of the plaintiff, 500 Associates, Inc., to recoup expenses under a provision of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9607(a)(4)(B). 1 A party moving for summary judgment has the burden of showing that there are no genuine issues of fact and that the movant is entitled to summary...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Plaintiff's Second Motion for Summary Judgment (Docket #29) and Defendant's Motion for Summary Judgment (Docket # 32). Plaintiff has responded and replied (Docket #34, 35). Defendant has responded and replied (Docket #33, 36). This matter is now ripe for adjudication. For the following reasons, Plaintiff's motion is DENIED, and Defendant's motion is GRANTED IN PART and DENIED IN PART. BACKGROUND...
MEMORANDUM OPINION JOHN G. HEYBURN, II, District Judge. Plaintiffs 1 bring employment discrimination claims and claims under the Labor Management Relations Act against their current employer, Kellogg's Snacks ("Kellogg's"), and their union, Teamsters Local Union No. 783 ("the Union"). Defendants have both moved for summary judgment on all claims. The primary difficulty with Plaintiffs' claims is that the evidence entirely suggests that Kellogg's sought to follow its collective bargaining...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. Defendants Murray State University ("MSU") and Randy J. Dunn have moved to dismiss the claims against them in Plaintiff's complaint (DN 5). Plaintiff has responded (DN 7) and Defendants have replied (DN 8). This matter is now ripe for adjudication. For the following reasons, Defendants' motion is GRANTED. BACKGROUND Plaintiff Shawn Jackson, an African American, was a student at MSU during the relevant events. Sometime around...
MEMORANDUM OPINION THOMAS B. RUSSELL, Chief Judge. Defendants have filed a motion for summary judgment (DN 106). Plaintiff has responded (DN 109) and Defendants have replied (DN 111). Plaintiff has also submitted a supplemental response where she sets forth objections to the evidentiary record, the discovery process, and Defendants' description of the facts (DN 109-1). This matter is now ripe for adjudication. For the following reasons, Defendants' motion is GRANTED. BACKGROUND Plaintiff Dr....
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. Defendant Sherri Taylor has filed a motion for judgment on the pleadings (DN 14). Plaintiff Teresa Breeden has filed a response (DN 15). Defendant Taylor has filed a reply (DN 16). For the reasons that follow, the motion for judgment on the pleadings is GRANTED IN PART and DENIED IN PART. BACKGROUND Plaintiff worked for Defendant HCA Physician Services. 1 Defendant Sherri Taylor was Plaintiff's supervisor from March 2008 until...
MEMORANDUM OPINION AND ORDER THOMAS B. RUSSELL, Chief Judge. This matter is before the Court upon Defendant's Motion for Summary Judgment (Docket # 23). Plaintiff has responded (Docket # 30). Defendant has replied (Docket # 31). This matter is now ripe for adjudication. For the following reasons, Defendant's motion is GRANTED IN PART and DENIED IN PART. BACKGROUND Plaintiff Doris Gifford began working as a cook for American River Transportation Company ("ARTCO") in 2005. On October 2, 2008,...
