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Supreme Court to hear oral arguments Oct. 16-17 in Frankfort

FRANKFORT, Ky., Oct. 14, 2024 – The Supreme Court of Kentucky will hear oral arguments Wednesday and Thursday, Oct. 16-17, in cases on appeal from Floyd and Jefferson counties. Proceedings are open to the public and will take place in the historic Supreme Court Courtroom on the second floor of the Capitol.

The public may observe in person or via livestream. Stream arguments as they happen or later as archives at ket.org/supremecourt.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

WEDNESDAY, OCT. 16, 2024
10 a.m. EDT
COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. LEAH ATKINSON, ET AL. (2023-SC-0173-DG)

Real Property. Eminent Domain. Fair Market Value. Subsurface Minerals. Issues include whether the circuit court should have excluded the landowners’ expert’s testimony regarding the value of the coal-containing property because the expert used an income approach that considered the present value of potential future coal royalties.

View attorneys and links to briefs at https://bit.ly/SCOct2024.

Discretionary Review Granted: August 16, 2023
Trial Court(s): Floyd Circuit Court
Presiding Judge(s): Hon. Thomas M. Smith

11 a.m. EDT
DONNA MILLER BRUENGER, ET AL. V COURTENAY ANN MILLER (2023-SC-0156-DG)

Sanctions. RAP 11(B)(3). Issues involve “costs” sanctions imposed by the Court of Appeals, including attorney’s fees, for filing a frivolous appeal.

View attorneys and links to briefs at https://bit.ly/SCOct2024.

Discretionary Review Granted: August 16, 2023
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. A. C. McKay Chauvin

THURSDAY, OCT. 17, 2024
11 a.m. EDT
MOTORIST MUTUAL INSURANCE COMPANY V. FIRST SPECIALTY INSURANCE CORP. (2023-SC-0239-DG)

Contract. Insurance. Commercial General Liability. Priority. Other-Insurance Clauses. Issues include the effect of the companies’ competing other-insurance clauses. Specifically, whether First Specialty’s other-insurance clause is an excess clause, which is mutually repugnant to Motorists Mutual’s excess clause, or a nonstandard escape clause, which prevails over Motorists Mutual’s excess clause.

View attorneys and links to briefs at https://bit.ly/SCOct2024.

Discretionary Review Granted: September 20, 2023
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Eric Joseph Haner

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