District Court for the Western District of Kentucky Court Cases

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  1. Kendrick v. Bland (1981)

    This action is before the Court for final decision on the issue of guard harassment. This action was brought under 42 U.S.C. § 1983 by prisoners at Kentucky State Penitentiary (KSP) who alleged their conditions of confinement were cruel and unusual punishment violative of the Eighth Amendment to the U. S. Constitution. This Court entered a preliminary injunction prohibiting the use of unnecessary physical force, mace, or restraints on any inmate on March 21, 1980. A Consent Decree (Appendix I [...]

    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. 76-0079(P)
  2. Stafford v. Cross Country Bank (2003)

    Plaintiffs John and Julie Stafford filed this action against Defendant Cross Country Bank, (the "Bank"), in connection with debt accumulated on a Bank credit card under John Stafford's name. The Staffords contend that someone else fraudulently obtained the credit card. They have now filed suit alleging violations of federal and state consumer protection statutes as well as state common law. The Bank filed a motion for summary judgment arguing that all of the claims should be dismissed. These [...]

    Court: District Court for the Western District of Kentucky Docket: CIV.A. 3:01CV-534-H
  3. Canterino v. Wilson (1982)

    Walker Bledsoe Smith, David A. Friedman, Anne Marie Regan, Legal Aid Soc., Inc., Leslie W. Abramson, Louisville, Ky., Claudia T. Wright, ACLU National Prison Project, Washington, D. C., for plaintiffs.


    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. 80-0545-L
  4. Auto Channel, Inc. v. Speedvision Network, LLC (2001)

    K. Gregory Haynes, Wyatt, Tarrant & Combs, Louisville, KY, Burt A. Braverman, Sandra Greiner, T. Scott Thompson, Cole, Rayvid & Braveman, Washington, D.C., for Speedvision Network, LLC, defendant.


    Court: District Court for the Western District of Kentucky Docket: CIV. A. 3:97-CV-38-H
  5. Baker v. Bindner (1967)

    Neville M. Tucker, Charles J. Lunderman, Jr., Danial T. Taylor, III, Louisville, Ky., Jack Greenberg, Melvyn Zarr, New York City, Morton Stavis, Dennis J. Roberts, Newark, N. J., William M. Kunstler, Arthur Kinoy, New York City, for plaintiffs.


    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. 5648
  6. Pleasant Pointe Apts. v. Kentucky Housing Corp. (1992)

    This matter is before the Court by virtue of an appeal from an order of the Bankruptcy Court dismissing, sua sponte, the appellants' Chapter 11 petitions for lack of good faith. This matter is also before the court on the motion of appellee to dismiss the appeal upon the ground that appellants were dilatory in obtaining the transcript necessary for briefing and review of the bankruptcy court decision. The court finds nothing egregious in appellants' actions with respect to obtaining the [...]

    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. 91-0448-L(CS)
  7. Thacker v. United Companies Lending Corp. (2000)

    This matter is before the Court on appeal from the Order and Opinion of the Honorable J. Wendell Roberts, Bankruptcy Judge for the United States Bankruptcy Court for the Western District of Kentucky, entered in this adversary proceeding on November 30, 1998 (found at In re Thacker, 229 B.R. 139 (Bankr. W.D.Ky.1998)), granting Appellee's motion to dismiss the action. This Court REVERSES the judgment of the lower court.


    Court: District Court for the Western District of Kentucky Docket: CIV.A. 5:99CV-43-R
  8. CMI, Inc. v. Intoximeters, Inc. (1995)

    Charles J. Cronan, IV, Stites & Harbison, Louisville, Kentucky, Wilbur L. Tomlinson, Armstrong, Teasdale, Schlafly & Davis, St. Louis, Missouri, Patrick W. Michael, Kenneth L. Anderson, Woodward Hobson & Fulton, Louisville, Kentucky, for National Patent Analytical Systems, Inc.


    Court: District Court for the Western District of Kentucky Docket: Civil Action No. C93-265-L
  9. Eubanks v. Stengel (1998)

    David A. Friedman, American Civil Liberties Union of Kentucky, Louisville, KY, A. Stephen Hut, Jr., Carrie Y. Flaxman, Matthew P. Previn, American Civil Liberties Union Foundation, Washington, DC, Catherine Weiss, Kimberly A. Parker, American Civil Liberties Union Foundation, Eve C. Gartner, Planned Parenthood Federation of America, New York City, for Plaintiffs.


    Court: District Court for the Western District of Kentucky Docket: CIV. A. 398CV383-H
  10. United States v. Schultze (1939)

    The United States through its District Attorney filed separate criminal informations against Sid Schultze, Sr., Gordon Schultze, George Stebbins, Jr., and George Stebbins, Sr., charging said defendants with violation of 16 U.S.C.A. § 703, and the regulations promulgated thereunder pertaining to the hunting and killing of migratory birds. The four cases were heard together.


    Court: District Court for the Western District of Kentucky Docket: 20147-20150
  11. Davenport v. United States (1991)

    Hildegard Helen Davenport (Davenport) appeals from a judgment of the Bankruptcy Court for the Western District of Kentucky in which the Bankruptcy Court found that Davenport's homestead exemption in property seized and sold by the appellee, The United States of America d/b/a Internal Revenue Service (IRS), did not take priority over a tax lien, properly filed by the IRS. Title 11 U.S.C. § 522(c)(2)(B); Title 28 U.S.C. § 158.


    Court: District Court for the Western District of Kentucky Docket: C 91-0414-L(B)
  12. United States v. Adcock (1943)

    The defendant, James Clifton Adcock, was indicted for knowingly transporting a stolen automobile in interstate commerce in violation of Section 408, Title 18 U.S.C.A. The jury returned a verdict of guilty and the matter is before the Court on the defendant's motion for a new trial.


    Court: District Court for the Western District of Kentucky Docket: 21465
  13. Lamb v. Martin Marietta Energy Systems, Inc. (1993)

    W. Pelham McMurry, Stephen E. Smith, Jr., McMurry & Livingston, Paducah, KY, E.H. Rayson, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, TN, and G. Wilson Horde and Donald C. Wood, Oak Ridge, TN, for defendants.


    Court: District Court for the Western District of Kentucky Docket: Civ. No. 90-0005 P(J)
  14. Hazel v. General Motors Corp. (1994)

    The Court must decide whether Defendant is entitled to protection of the one year statute of limitations applicable to products liability actions. In considering the difficult issues raised, the Court has received superb assistance from the fine memoranda and oral argument of counsel. Applying existing Kentucky law, Plaintiff's claim is barred. For Plaintiff to prevail this Court must conclude that Kentucky courts would expand the limited equitable tolling doctrine to encompass the [...]

    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. C93-0184-BG(H)
  15. In Re Davis (2006)

    This matter is before the court on appeal of the bankruptcy court's final order in an adversary proceeding.[1] The court, having reviewed the record and being duly advised, will affirm in part, reverse in part, and remand for further proceedings.


    Court: District Court for the Western District of Kentucky Docket: Civil Action No. 06-88-C
  16. Canterino v. Wilson (1983)

    Susan Deller Ross, Charles Ory, Terisa E. Chaw, U.S. Justice Dept., Civil Rights Div., Sp. Lit. Section, Washington, D.C., Ronald E. Meredith, U.S. Atty., Louisville, Ky., for plaintiff-intervenor.


    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. 80-0545-L(J)
  17. United States v. Larkins (1987)

    This action arises out of alleged violations of Section 301(a) of the Clean Water Act (CWA), 33 U.S.C. § 1311(a), which prohibits the discharge of pollutants into "navigable waters"—defined as the "waters of the United States" and including adjacent freshwater wetlands[1]—unless authorized by permit issued by the Army Corps of Engineers (Corps) pursuant to Section 404, 33 U.S.C. § 1344. The United States contends that Defendants Thomas R. and Herbert M. Larkins, brothers who own and operate [...]

    Court: District Court for the Western District of Kentucky Docket: 84-0044-P(J)
  18. Cherry Hill Vineyards, LLC v. Hudgins (2006)

    Alan N. Linker, Joseph H. Cohen, Seiller Waterman, LLC, J. Gregory Troutman, Louisville, KY, James A. Tanford, Indiana University School of Law, Bloomington, IN, Michael J. Donahoe, Robert D. Epstein, Epstein Cohen Donahoe & Mendes, Indianapolis, IN, for Plaintiffs.


    Court: District Court for the Western District of Kentucky Docket: Civil Action No. 3:05CV-289-S
  19. Matt v. Liberty Mut. Ins. Co. (1991)

    This is a diversity jurisdiction case involving a claim against an insurer for badfaith failure to settle a personal injury tort action for the limits of an automobile liability policy. The case is before the court on motion of the defendant insurer for summary judgment pursuant to FED.R.CIV.P. 56. The material facts are set out in this opinion. Finding no genuine issues as to these facts and finding that the conduct of defendant does not rise to the level of badfaith under Kentucky law, the [...]

    Court: District Court for the Western District of Kentucky Docket: Civ. A. No. C90-0101-L(J)
  20. Commonwealth Brands, Inc. v. United States (2010)

    Charles E. English, Jr., Charles E. English, Sr., D. Gaines Penn, E. Kenly Ames, English, Lucas, Priest & Owsley LLP, Bowling Green, KY, Philip J. Perry, Latham & Watkins, Donald B. Ayer, Geoffrey K. Beach, Noel J. Francisco, Robert F. McDermott, Jr., Jones Day, Washington, DC, Leon F. DeJulius, Jr., Jones Day, Pittsburgh, PA, Floyd Abrams, Joel Kurtzberg, Kayvan Sadeghi, Cahill, Gordon & Reindel LLP, New York, KY, Leanne Moore, National Tobacco Company, Dresden, TN, for Plaintiffs.

    Court: District Court for the Western District of Kentucky Docket: Civil Action No. 1:09-CV-117-M

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