Kentucky Supreme Court aligns with KDC amicus brief position on supplementation of expert disclosures

In a decision issued on February 14, 2019, the Supreme Court of Kentucky held in Oliphant v. Ries, 2017-SC-208, that a litigant is not obligated to supplement a CR 26 expert witness disclosure with opinions previously provided by the litigant’s expert witness in a deposition. In reversing the Court of Appeals on that issue, the Supreme Court’s opinion aligned with the position urged on the Court by a KDC amicus curiae brief authored by KDC Amicus Committee Chair David Kramer and his colleague Michael Enzweiler of Dressman Benzinger LaVelle psc. Counsel for the successful appellants were Gerald Toner, Katherine, Vesely and Whitney Kramer of O’Bryan, Brown & Toner, PLLC.  The decision was designated for publication in the South Western Reporter.

BREAKING NEWS FOR KENTUCKY MED MAL ATTORNEYS -- SCOKY has DENIED the petition for rehearing in the MRP Act case. What this means: (1) The SCOKY opinion is now final and the MRP Act is officially dead; and (2) questions about the SOL, equitable tolling, and applicability of the Savings Statute will be decided by the circuit courts on a case-by-case basis.

KDC wishes to thank the authors of several amicus curiae briefs named below for their volunteer assistance in researching and writing amicus briefs on behalf of KDC.  Also thanks to Amicus Committee Chair David Kramer and Vice-Chairs Aaron Silletto and Bill Orberson for extra effort in planning for and reviewing the KDC amicus briefs.  Briefs have been filed in the following matters:

KDC member, Andrew Pellino, is now practicing with Dressman Benzinger Lavelle psc in their Louisville office.

The KDC Board of Directors approved the nomination of David T. Riley of Bradley, Freed & Grumley, P.S.C., Paducah as  Director for District 1.  David fills the Director position left vacant by Jason Coltharp, who is now serving as Secretary-Treasurer of KDC.

The Board looks forward to having David serve in this position.

KDC wishes to thank the Amicus Committee, Dave Kramer, Bill Orberson and Aaron Silletto, for extra effort put into reviewing and planning for recent amicus briefs filed on behalf of KDC.  Briefs have been filed in the following matters:

KDC is pleased to welcome its newest member, Mark A. Osbourn of Bush & Osbourn, PLLC, Louisville.  Mr. Osbourn is a University of Louisville Brandeis school of law graduate and practices in the areas of Civil Rights, Government, Insurance, Municipal and Tort.  Mr. Osbourn is a member of DRI and is sponsored by KDC member, John M. Bush.

KDC is pleased to welcome the newest members of KDC:

 Aziza A. Jones of Landrum & Shouse LLP, Lexington is a graduate of the Western New England University School of Law, Springfield, Massachusetts.  Ms. Jones practices in the areas of Civil Rights, Commercial and Product Liability.  She is a member of DRI and sponsored by KDC member, Jeffrey Taylor.

Heather P. Howell of Landrum & Shouse LLP, Lexington is a graduate of the University of Kentucky College of Law.  Ms. Howell practices in the areas of Civil Rights, Commercial, Insurance,  and Product Liability.  She is a member of DRI and sponsored by KDC member, Jeffrey Taylor.

Join KDC for its webinar Freedom of Speech in the Workplace, to be presented by Bryan Beaumann of Sturgill, Turner, Barker & Moloney, PLLC, Lexington at 10:00 a.m. eastern time February 27, 2019.  Click here to register Events.  $15 for KDC members and their staff, $60 for non-KDC members.

Application for 1.0 hour of CLE has been made to the Kentucky Bar Association.

Blake Nolan and James Taylor are now working at the Lexington office of Gess Mattingly & Atchison, PSC.

Megan George is now working at the Lexington office of Stites & Harbison.

Noelle B. Haegele is now with Phillips Parker Orberson & Arnett PLC in Louisville.