Kentucky Courts

No Common Law Implied Warranty of Habitability in Landlord-Tenant Arrangements

Kentucky Court of Appeals Confirms No Common Law Implied Warranty of Habitability in Landlord-Tenant Arrangements in Closely Watched Case             On July 10, 2015, a panel of the Kentucky Court of Appeals rendered a decision in Wildcat Property Management, LLC v. Franzen, 2014-CA-000964-MR, a closely-watched case in the landlord-tenant realm.  […]

Be Wary of Incorporating Clauses in Commercial Contracts

The Kentucky Supreme Court rendered an interesting decision recently in Dixon v. Daymar Colleges Group, LLC, 2012-SC-000687-DG. In this case, a group of students challenged a for-profit college’s enrollment process as both procedurally and substantively unconscionable.  The College challenged the students’ right to institute legal proceedings in circuit court based […]

FDCPA Not Applicable to Proof of Claim Filings

In March of 2014 the US District Court of for the Eastern District of Kentucky discussed the application of the Fair Debt Collection Practices Act (“FDCPA”) to bankruptcy proof of claim filings. Plaintiff, Mallard, filed an adversarial proceeding with the bankruptcy court alleging that Defendant’s failure to redact numerical medical […]

Waiver of Contractual Interest Does Not Necessarily Waive Right to Statutory Interest

In late November 2013, the US District Court for the Eastern District of Kentucky found that the waiver of prejudgment contractual interest by the original creditor did not necessarily, by itself, waive the right of a debt buyer to collect prejudgment statutory interest and therefore a request for prejudgment statutory interest did […]

What a Difference a State Makes: Variations in Spousal Liability for Medical Debts in Ohio, Kentucky, & Indiana

The liability that individuals have for their spouse’s medical expenses is a common question for creditors with accounts consisting of medical debt. In the course of our practice in Ohio, Kentucky, and Indiana we have found that liability varies by state and depends upon the courts’ interpretation of common law […]

FDCPA Claim Barred by res judicata and Lack of Standing

On December 20, 2012, in the case of Dionte Tyler, v. DH Capital Management, Inc., Case No. 3:12-CV-00129-CRS the United States District Court, for the Western District of Kentucky, dismissed the Plaintiff’s complaint for damages under the Fair Debt Collection Practices Act (“FDCPA”) finding that the claims were barred by […]