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10.13.2015

Tennessee Statute of Limitations barred recovery in government case

There's an old riddle that asks, "If a tree falls in the woods and no one is there to hear it, does it still make a sound?" We may never know the answer to that question, but it seems that, if a tree located on state property falls onto a car passing over a bridge, there is a good chance that the state's high court will eventually hear about it, especially if there is any question as to whether the injured person's lawsuit was promptly filed. As we've mentioned before, the statute of limitations is important in any lawsuit, but some cases have other time limitations and procedural requirements that must also be complied with. In cases involving governmental entities, the timing can be especially tricky. Read More

09.29.2015

Choosing a potential guardian for your children in your will

By Elizabeth McKinney, Attorney and Partner English, Lucas, Priest & Owsley, LLP Estate planning often involves thinking about things you’d rather not, and perhaps the most unpleasant of tasks is to consider who you’d appoint as guardians for your minor or special needs children in the event of your death. Read More

09.15.2015

Attorney Beth McKinney joins ELPO as a partner

Attorney Beth McKinney at ELPO's offices in Bowling Green, Kentucky. Local attorney Elizabeth McKinney joined our firm on September 1 as a partner and attorney. She will work primarily in the areas of estate, probate, wills and taxation. We're thrilled to have her on our team. Beth has been an attorney for 20 years. She is also a licensed Certified Public Accountant, working as an accountant prior to her career in law. Besides estate planning, wills, probate and taxation, Beth will work with business clients, such as corporations, limited liability companies and partnerships on a variety of business and corporate issues. She has advised numerous new business owners with respect to the choice of the entity formed for new businesses. In addition, she has represented business owners in the transition and continuation of closely held businesses in the preparation of asset purchase agreements, buy-sell agreements, shareholder or stock restriction agreements and other business succession planning matters. Before coming to ELPO, Beth had her own solo law practice, but decided she wanted to come back to a law firm environment. “There are very experienced staff here and terrific attorneys,” Beth says. “This is where I want to spend the rest of my career.” Read More

08.28.2015

Environmental attorneys address stormwater issues in presentation

Environmental attorneys address stormwater issues in presentation Read More

08.20.2015

Kenly Ames examines Kentucky standard for civil lawsuits in latest Bench & Bar

Kenly Ames examines Kentucky standard for civil lawsuits in latest Bench & Bar Read More

08.18.2015

“Modified Comparative Fault” Rule Bars Recovery in Tennessee Car Crash

Car accidents fall under an area of tort law known as "negligence." To make out a successful case, a plaintiff must prove four things:  1) the defendant owed him or her a duty of care, 2) the defendant breached that duty, 3) the plaintiff sustained actual damages, and 4) the plaintiff's damages were caused by the defendant's breach of duty. It seems simple enough, right? Unfortunately, many cases are not as simple as they initially seem. Issues such as comparative fault - an allegation by the defendant that the plaintiff is responsible for some part of the accident - can quickly complicate matters. The resolution of such issues often depends upon the law of the state in which the wreck occurred. This Tennessee car crash case is an example. Kentucky is one of about a dozen states that follow the "pure comparative fault" doctrine, under which a plaintiff's damages are reduced in proportion to his or her fault, but he or she is still allowed to recover against the defendant for the defendant's percentage of fault. In Tennessee, however, the rule is one of "modified comparative fault," with the plaintiff only being allowed to recover if his or her fault is less than 50%. If the plaintiff is found to be 49% at fault, he or she can recover 51% of his or her total damages, but there is no recovery at all if the parties are determined to bear equal fault. Read More

08.13.2015

ELPO attorneys speaking on immigration law at conference

ELPO attorneys speaking on immigration law at conference Read More

08.04.2015

A couple’s marital status determines who gets the estate

By Nathan Vinson, Attorney English, Lucas, Priest & Owsley, LLP Facebook has a neat little box that you can check to indicate your relationship status. There are some options that are clear cut – or at least seem to be: married, divorced, single. There’s another option that’s becoming more popular as of late called “it’s complicated.” It’s a handy box to check when life is messy. Unfortunately, though, there’s no “it’s complicated” box to check in legal documents. In the eyes of the law, you’re either single, legally separated or married. There’s no in-between for marital status. The lives of Luther and Shirley Mills definitely fell under the “it’s complicated” category, and the Kentucky Court of Appeals recently ruled on whether or not the couple was legally married at the time of Luther’s death. At stake was Luther’s estate. ' Read More

05.14.2015

ELPO hosting reception for UK Law professor

ELPO hosting reception for UK Law professor Read More

05.07.2015

Bob Young addresses strategic planning at Atlanta conference

Bob Young addresses strategic planning at Atlanta conference Read More