Gaines Penn to participate in Leadership Kentucky program Read More
Gaines Penn to participate in Leadership Kentucky program Read More
By Leah Morrison, Attorney English, Lucas, Priest and Owsley, LLP Leah Morrison, attorney One of the most frequent reasons clients tell me they want to create a will, trust, or other estate documents is to avoid probate. People have come to see probate as an unduly burdensome process that can cost a lot of money and time, but in Kentucky, it’s not as bad as you might fear. Before we delve into it, let’s take a moment to review what probate is. Probate is the legal process by which the financial affairs of a deceased person are concluded. It is a court supervised process in which assets are accumulated and distributed in accordance with the decedent’s will or pursuant to the statutory plan of descent, and debts are gathered for payment. Although, in Kentucky, the supervision provided by the court is often times very minimal. While Kentucky’s probate laws are sufficient to ensure the deceased person’s assets are properly managed and distributed to the appropriate person, the requirements of the probate process are minimal enough that most people navigate it smoothly without incident. The one thing, though, to know is that probate does make your will public. Your will becomes a public document that is recorded in the court system, and is available to anyone who wishes to view it. Read More
By Bob Young, attorney English, Lucas, Priest and Owsley, LLP For the last year, cases have been working their way through the courts against Johnson & Johnson and their talc supplier, with plaintiffs who used their baby powder or Shower to Shower powder suing because they were diagnosed with cancer after long-term use of the products. Last week, a jury handed down a landmark verdict against Johnson & Johnson on behalf of plaintiff Larry Lanzo and his wife. Lanzo had used Shower to Shower powder and other similar products for nearly 30 years, and developed mesothelioma, a type of lung cancer. Lanzo believes the disease came from inhaling the product during the past three decades of use. The court ruled Johnson & Johnson must pay $117 million in damages, with $30 million of that going to Lanzo, and $7 million to his wife. The rest of the money - $80 million – will be paid in punitive damages. Johnson & Johnson issued a statement saying it does not believe there is a link between its powder and mesothelioma. Read More
By J.A. Sowell, Attorney English, Lucas, Priest and Owsley, LLP Snow is beautiful when you’re tucked inside with hot chocolate and have nowhere to go. But that’s not the case for most of us. You may have a doctor’s appointment, work duties or errands to run that demand you leave the house before the snow is gone. In most cases, businesses do a nice job of getting out and clearing snow and ice from sidewalks and steps to keep their own employees and customers safe. You might wonder what your own duties are at home or at your business. Are you required to clean your sidewalks? What about your steps? Read More
Bob Young selected for ABA Diversity and Inclusion Advisory Council Read More
Adoption reception honors families who provided loving homes for children Read More
The Kentucky appellate courts seem to have heard more uninsured and underinsured motorist (UM/UIM) insurance cases than usual lately. Perhaps the court has done this intentionally for the sake of judicial economy - the reason being that it is easier to decide cases with similar issues while all of the intricacies of a particular branch of law are still fresh in the court's mind. Another reason may be that there are simply more UM/UIM disputes these days than in past years. Kentucky does have mandatory automobile liability insurance requirement, but the minimum required is just $25,000 per person (or $50,000 per accident) for bodily injury claims. Given the rapidly increasing costs of medical care, this coverage is often not enough to fully compensate an accident victim for his or her medical expenses, lost wages, and pain and suffering. UM/UIM coverage bridges the gap between a defendant's liability coverage and a plaintiff's total amount of damages, at least up to the plaintiff's own policy limits. It is important to note that, just as in other types of personal injury cases, timeliness is very important when it comes to asserting one's rights under a UM/UIM policy. Read More
Attorney Sarah Jarboe organizes environmental law conference Read More
Jessica Shoulders joins Kentucky Justice Association Board of Governors Read More
LaJuana Wilcher speaks at Kentucky Governor's Conference on Energy and the Environment Read More