The U.S. Supreme Court issued a unanimous decision in Kennedy v. DuPont. The Court held the plan administrator of an ERISA benefits plan should pay plan benefits to wife #1, who was the designated plan beneficiary on a designation executed during the marriage and not to wife #2, who was married to the deceased participant...Read More

Unless you consider David V. Johnson, that is. Decedent’s step-child who was not legally adopted may not recover share of damages under wrongful death statute.Read More

Kentucky finally joins the majority in distinguishing between personal and enterprise goodwill in business valuations. Court also cannot factor in a non-existent non-compete agreement to enhance a professional practice valuation. It’s about time! Gaskill v. Robbins, online here. Digest to follow.Read More

A digest of Hearld v. Hearld, custody jurisdiction under UCCJEA, will be posted soonRead More

UPDATE: The Kentucky Supreme Court denied discretionary review and ordered this case not to be published. Hines v. Carpenter, _ S.W.3d _ (Ky. App. 2009), 2006-CA-002173-MRRead More

Ruby v. Ruby DOMESTIC VIOLENCE HEARINGS AND VOLUNTARY DISMISSAL 2008-CA-000122 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; MOORE CONCURS; HENRY CONCURS IN PART AND DISSENTS IN PART COUNTY: JEFFERSON DATE RENDERED: 1/23/2009Read More

A digest of Hines v. Carpenter will be posted shortly. It affirms the denial of motion to compel lump sum payment for damages where father posted supersedeas bond on judgment for back child support.Read More

BELL V. CARTWRIGHT MODIFICATION OF CHILD SUPPORT 2008-CA-001137 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; TAYLOR AND GRAVES CONCUR COUNTY: CLARK DATE RENDERED: 1/16/2009Read More

Last week at the Louisville Bar Association annual Bench & Bar dinner, out-going Family Law Section chair Michelle Eisenmenger Mapes was presented the 2008 Co-Section of the year award along with the litigation section. Michelle set this as her goal early last year and worked tirelessly to present great CLE and to raise money for...Read More

Ruby V. Ruby, DVO entered but parties then entered into an agreed order dismissing the DVO. Trial court declined to enter agreed order, amending DVO to no unlawful contact instead. Court of Appeals affirmed entry of DVO but remanded to trial court to conduct a hearing on circumstances surrounding agreement to dismiss DVO.Read More