FRANKFORT, Ky., Sept. 9, 2025 – The Kentucky Court of Appeals will convene Thursday at the University of Louisville’s Louis D. Brandeis School of Law to hear oral arguments in a civil case on appeal from Jefferson Circuit Court. The proceedings in Louisville are open to the public and will take place at 10:30 a.m. EDT in Breit Courtroom.
Court of Appeals Judges Jacqueline M. Caldwell, Susanne M. Cetrulo and Audra J. Eckerle will hear oral arguments in Susan Crowder v. Marvin Yussman, M.D. Judge Eckerle will preside.
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.
Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location but travel throughout the state to hear cases.
Oral arguments
Thursday, Sept. 11, 2025
10:30 a.m.
SUSAN CROWDER v. MARVIN YUSSMAN, M.D. 2024-CA-0930
Presiding Judge: HON. AUDRA J. ECKERLE
Associate Judges: HON. JACQUELINE M. CALDWELL and HON. SUSANNE M. CETRULO
Appeal from order granting summary judgment. Issues include (1) whether KRS §311.373 (Kentucky Fertility Fraud Act), enacted in 2022, has retroactive application to a fertility doctor’s use of his own sperm to artificially inseminate his patient in 1975; and (2) whether the patient's claims are time-barred pursuant to the applicable statutes of limitation.
JEFFERSON County, HON. JULIE KAELIN
Attorney for Appellant: Amy Rebecca Wheatley
Attorneys for Appellee: Colleen Orsella Davis and William Kennedy Simpson
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