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  • 05 Jan 2023 3:53 PM | Jennifer Cocanougher (Administrator)

    This was reprinted from Justia newsletter, January 5, 2023

    Doe, a high-school student, suffers from a condition that makes her hypersensitive to the everyday sounds of eating food and chewing gum. Doe’s parents unsuccessfully requested that her school ban students from eating or chewing in her classes. They sued the Knox County Board of Education under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. While considering their preliminary injunction motion, the district court dismissed the suit, reasoning that Doe’s parents could obtain the requested relief in administrative proceedings under the Individuals with Disabilities Education Act (IDEA) and had failed to exhaust administrative remedies under 20 U.S.C. 1415(l).

    The Sixth Circuit reversed and remanded. The IDEA provides relief only to students who need “specially designed instruction.” Because no ordinary English speaker would describe a ban on eating and chewing as “instruction,” her parents did not need to go through the IDEA’s review process to attempt to seek this ban under the ADA and Rehabilitation Act. However, Knox County offered significant justification for its policy allowing students to eat in class at the magnet school that Doe chose to attend—a school designed to operate like a college–which the district court must consider in the first instance.

    https://law.justia.com/cases/federal/appellate-courts/ca6/22-5317/22-5317-2023-01-04.html


  • 06 Aug 2022 6:38 PM | Jennifer Cocanougher (Administrator)

    Kelsey Bryant of Hamm, Milby & Ridings PLLC in London, is a graduate of the University of Kentucky Rosenberg College of Law.    Ms. Bryant practices in many areas including insurance defense, general liability, and business and commercial liability.   She is sponsored by Jay Milby Ridings.

    Kaitlyn Embry of Bell, Orr, Ayers & Moore PSC in Bowling Green, is a graduate of Belmont University College of Law.  Ms. Embry practices in many areas including civil litigation, insurance defense, and estate planning and administration.   She is sponsored by KDC Past-President Paul T. Lawless.

    Darren Smith of Whitlow, Roberts, Houston & Straub in Paducah, is a graduate of the University of Kentucky Rosenberg College of Law.   Mr. Smith practices in the areas of auto, general liability, insurance coverage, and workers compensation.   He is sponsored by KDC President Jason Coltharp.

    William Tyler Lloyd of Ward, Hocker & Thorton PLLC in Lexington, is a graduate of Northern Kentucky University Chase College of Law.    Mr. Lloyd practices in many areas including insurance coverage, construction, and employment.  He is sponsored by KDC Young Lawyers Committee Chairperson Whitney Williams. 


  • 15 Jun 2022 5:47 PM | Jennifer Cocanougher (Administrator)

    We are excited to announce DRI’s Free Membership Pilot Program for current KDC members! DRI is offering a free year of membership to new members and those whose membership lapsed more than five years ago. This limited program runs through August 31, 2022, so join today to start making the most of your free year of DRI membership!

    Membership in DRI gives you instant connection to the largest association of civil defense attorneys in the nation. DRI provides both virtual and in-person networking and CLE options, including webinars and seminars, as well as resources such as its monthly publication and expert witness referral network. Make the most of your defense practice by scanning the QR code below with your smart phone camera app and joining DRI today!

    For more information, email Kentucky’s DRI State Representative Ashley Brown at abrown@whtlaw.com.


  • 28 May 2022 8:52 AM | Jennifer Cocanougher (Administrator)

    Please welcome our newest member, Mr. Ryan McElroy.

    Mr. McElroy of Ward, Hocker & Thorton PLLC, is a graduate of the University of Kentucky Rosenburg College of Law.   He practices in the areas of auto, bad faith, commercial, insurance coverage, premises liability and trucking.    Mr. McElroy is sponsored by KDC's YLS Chair, Whitney Williams.

  • 30 Apr 2022 1:05 PM | Kathi McKeown

    KDC is pleased to announce the newest member:

    Taylor L. Oldham of Fowler Bell PLLC, Lexington, is University of Kentucky Rosenberg College of Law graduate.  Ms. Oldham practices in the areas of Appellate and Workers' Comp.  She is sponsored by KDC's YLS Chair, Whitney Williams.

  • 28 Apr 2022 3:59 PM | Kathi McKeown

    Effective May 2nd, 2022, to reach the office of Kentucky Defense Counsel:

    Jenny Cocanougher, P.O. Box 1412, Versailles, Kentucky 40383-1412

    Phone:  (859) 338-4761; Email:  admin@ky-def.org

  • 25 Apr 2022 1:54 PM | Kathi McKeown

    Many thanks to so many KDC members for sponsoring new members.  Our membership is now knocking at 500 members, and we hope it continues to grow.  The winners of the gift cards, whose names were drawn before the Board's LRP meeting got underway on Saturday, April 23rd, are:

    New Member

    $100 - Ellen Black of Kinkead Stilz, Lexington, who was sponsored by Melanie Sublett Marrs

    Sponsors

    $100 - Jamie Dittert of Sturgill, Turner, Barker & Moloney, Lexington who sponsored Emily Pence

    $50 Second Chance - Samantha Fields of the Oxley Rich Sammons Law Firm, Huntington, WV, who sponsored Perry Oxley.

    Your support during this membership campaign is greatly appreciated!!

  • 22 Apr 2022 2:11 PM | Kathi McKeown

    KDC is pleased to welcome its newest member:

    Madeleine Broox Loeffler of Sturgill, Turner, Barker & Moloney, Lexington is a University of Kentucky Rosenberg College of Law graduate.  Ms. Loeffler's areas of practice include Insurance Coverage, Medical Malpractice and Tort.  She is a member of DRI and is sponsored by KDC Secretary-Treasurer, Andrew DeSimone.

  • 08 Apr 2022 4:20 PM | Kathi McKeown

    KDC is pleased to welcome its newest member!

    Shad M. Brown of King, Deep & Branaman, Henderson, is a Washington and Lee University School of Law graduate.  Mr. Brown practices in the areas of Auto, Business Litigation, Commercial, Construction, Contract, Education, General Liability, Government Entity, Insurance Coverage, Municipal, Premises Liability, Tort and Workers' Comp.  He is sponsored by KDC member, C. Donald Thompson, Jr.

  • 03 Mar 2022 2:48 PM | Kathi McKeown

    KDC is pleased to welcome its newest member:

    Anthony M. Pernice of Reminger Co., LPA, Lexington is a University of Kentucky Rosenberg College of Law graduate.  Mr. Pernice practices in the areas of Auto, Business Litigation, Commercial, Construction, General Liability, Premises Liability, Product Liability, Property, Tort & Trucking.  He is sponsored by KDC member, Maxwell D. Smith.

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