MEMORANDUM OPINION & ORDER AMUL R. THAPAR, District Judge. Charles Scott Howard alleges that Cumberland River Coal Company violated Kentucky state law by laying him off in retaliation for reporting Cumberland's unsafe mining practices. But because Howard's claim requires construing and applying the terms of a collective bargaining agreement, it is preempted by the LMRA. Unfortunately for Howard, he brought his claim nearly a year and a half too late under the LMRA. Consequently, Cumberland is...
MEMORANDUM OPINION & ORDER AMUL R. THAPAR, District Judge. Of all the canons of statutory construction, one of the most well established is the rule that waivers of sovereign immunity must be strictly construed. "[T]he United States, as sovereign, is immune from suit[.]" United States v. Testan, 424 U.S. 392 , 399, 96 S.Ct. 948, 47 L.Ed.2d 114 (1976). If Congress decides to depart from this "background of complete immunity," United States v. Shaw, 309 U.S. 495 , 502, 60 S.Ct. 659, 84 L....
MEMORANDUM OPINION & ORDER DAVID L. BUNNING, District Judge. Plaintiff Thomas H. Dierig ("Dierig") commenced this civil action against Defendants Lees Leisure Industries, Limited ("Lees Leisure"), 1 Lite Tent Camper, LLC ("Lite Tent"), and Jimmie G. Dawkins ("Dawkins") alleging product liability claims, including negligence and breach of warranty, for the malfunction of a latch on a pull tent trailer manufactured by Lees Leisure and sold to Plaintiff by Dawkins of Lite Tent, a distributor...
MEMORANDUM OPINION & ORDER GREGORY F. VAN TATENHOVE, District Judge. This matter is before the Court on Plaintiff's Motion to Remand. [R. 14.] Defendants Appalachian Investment Corporation and Kentucky Highlands Investment Corporation each subsequently filed independent motions to remand. [R. 31; R. 40.] Defendant Plasticware's Notice of Removal [R. 1] claimed this Court has diversity jurisdiction, while acknowledging that Kentucky citizens are on both sides of this action. This invocation...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiff BancInsure, Inc. ("BancInsure"), commenced this action against Defendant U.K. Bancorporation Inc./United Kentucky Bank of Pendleton County, Inc. ("UKB"), pursuant to the Declaratory Judgment Act, 28 U.S.C. 2201, seeking a declaratory judgment that a Financial Institution Bond and Extended Professional Liability Policy issued to UKB are rescinded effective October 13, 2010 and rendered void ab initio, thereby...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon cross-motions for summary judgment on the plaintiff's appeal of the Commissioner's denial of his application for Disability Insurance Benefits [DE 10, 11]. 1 Plaintiff Paul has also filed a response in opposition to the Commissioner's Motion for Summary Judgment [DE 12]. The Court, having reviewed the record and being otherwise sufficiently advised, will deny the plaintiff's motion and...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon Defendant's Motion to Dismiss the Superseding Indictment in this matter [DE 29] on the grounds that it fails to charge a felony violation of the MBTA because it does not aver that Defendant took the actions described "while knowing that the birds [in question] were migratory birds." The Court being adequately advised, this motion is ripe for decision and will be denied for the reasons...
OPINION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF DEFENDANT WILLIAM O. BERTELSMAN, District Judge. This matter is before the court on Defendant's motion for summary judgment. (Doc. #22). 1 Having previously heard oral argument, and having taken the matter under submission (Doc. # 42), the court now issues the following Opinion and Order. Introduction Plaintiff Kathleen Laws worked as a licensed practical nurse at HealthSouth Kentucky Rehabilitation Hospital (hereinafter "...
OPINION AND ORDER KARL S. FORESTER, Senior District Judge. This matter is before the Court on the motion of Defendant, Dr. Ignacio Pavlovsky ("Pavlovsky"), for summary judgment [DE 46] and the cross-motion of Plaintiff Santa Escolastica, Inc. ("SEI") for partial summary judgment [DE 51]. For the reasons discussed below, both motions will be granted in part and denied in part. I. BACKGROUND This case arises from the breakup of a thoroughbred horse investment relationship. The Defendant, Dr....
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This matter is before the Court upon the Motion for Summary Judgment made by Plaintiffs Arbor Farms, LLC, Jaswinder Grover, Monica Grover, MacDonald Stables, LLC, Nelson Breeders, LLC, and West Hills Farms, LLC [DE 482]. 1 David Plummer, Spencer Plummer, and Strategic Opportunity Solutions, LLC, which did business as Buffalo Ranch, have filed a Response stating their objections [DE 514, 524], as have ClassicStar 2004, LLC,...
MEMORANDUM OPINION & ORDER AMUL R. THAPAR, District Judge. Imagine walking outside every morning and finding a layer of black, soot-like dust on your home, car, and yard. You wipe it away, but it returns. Your children return from outside with black streaks on their clothes. You can no longer use your swimming pool because of the dust. Close to your home is a coal processing plant. You realize that your dust problems began around the time the Plant began operating and believe the two to be...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, District Judge. This matter is before the Court upon Appellee James D. Lyon's Motion to Lift the Order Holding Appeal in Abeyance and to Dismiss the Appeal [DE 7], as well as Appellant Neil Baker's Motion for a Continuance of the Abeyance and Suspension of Deadlines [DE 9] and Response and Objection to Appellee's Motion to Lift the Order Holding Appeal in Abeyance and to Dismiss the Appeal [DE 11]. In light of the threshold nature of the...
MEMORANDUM OPINION & ORDER DAVID L. BUNNING, District Judge. This is an action for breach of contract and unjust enrichment under Kentucky law brought by Plaintiff representative/distributor, MidAmerican Distribution Inc., against Defendant distributor, Clarification Technology, Inc. (CTI). This matter is before the Court on cross motions for summary judgment by Defendant CTI (Doc. # 74) and Plaintiff MidAmerican (Doc. # 97). The motions have been fully briefed and, at the Court's request,...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. This action is before the Court on Defendants' Motion for Summary Judgment [Record No. 65]. Plaintiff has filed a Response [Record No. 70], and Defendants have made a Reply in further support of their Motion [Record No. 73]. The Court has also had the benefit of Plaintiff's Surreply [Record No. 76]. This motion is now ripe for decision and, for the reasons stated below, will be granted in part and denied in part. I. FACTUAL...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiffs initiated this 42 U.S.C. 1983 action against Bracken and Campbell counties and multiple police officers after Robert Bradford was killed in a shooting incident in Bracken County, Kentucky on May 31, 2009. Plaintiffs assert ten state and federal claims against Defendants, including constitutional violations, battery, negligence, excessive force, and loss of consortium. The Court has federal question jurisdiction under...
OPINION & ORDER KARL S. FORESTER, Senior District Judge. This matter is before the Court upon the motion for summary judgment filed by Plaintiff, Fifth Third Bank, Inc. ("Fifth Third"), against Defendant, J. Fred Miller, III d/b/a Miller Thoroughbreds, LLC ("Miller") [DE #29]. The motion having been fully briefed, this matter is ripe for review. I. FACTUAL BACKGROUND This case arises from the execution and delivery of a promissory note by Miller to Fifth Third on or about June 27, 2008 in...
MEMORANDUM OPINION AND ORDER JOSEPH M. HOOD, Senior District Judge. Defendant Allstate Insurance Company has filed a Motion for Summary Judgment [Record No. 40]. Plaintiffs have filed a Response [Record No. 43]. This Court being sufficiently advised, Defendant's motion is now ripe for decision. I. PROCEDURAL AND FACTUAL HISTORY On December 20, 2008, Michelle Moses was a twenty-one-year-old college student at the University of Florida on her way to her father Garry Moses' home in Ohio for...
OPINION & ORDER KARL S. FORESTER, Senior District Judge. This matter is before the Court upon the motion filed by the Defendant, Kentucky State Police ("KSP") Trooper Eric Taylor ("Trooper Taylor"), in his individual capacity, for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure [DE #31]. This matter is fully briefed and ripe for review. This case arises out of an encounter between Roger King ("King") and various police officers, including Trooper Taylor, on...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiff Ashland Hospital Corporation d/b/a King's Daughters Medical Center (KDMC) commenced two separate actions against different defendants alleging almost identical causes of action. Against International Brotherhood of Electrical Workers Local 575 (IBEW) and Austin Keyser, KDMC asserts a "harassment" count citing the Communications Decency Act of 1996(CDA), 47 U.S.C. 223 et seq., and KRS 525.080, a violation of the...
MEMORANDUM OPINION AND ORDER DAVID L. BUNNING, District Judge. Plaintiffs Kentucky Riverkeeper, Inc. ("Riverkeeper"), Kentuckians for the Commonwealth, Inc. (KFTC) and Kentucky Waterways Alliance, Inc. (KWA) commenced this action for declaratory and injunctive relief challenging the United States Army Corps of Engineers' ("the Corps") nationwide permitting program, and, specifically, its use in Kentucky, and throughout the Appalachian region generally, to issue permits for mining activities...
