News and Updates
9/30/11 – Registering Your Business Trademark with U.S. Customs
$5.4 million in counterfeit goods were recently seized by U.S. Customs officials at CVG. 80% of these items, which masquerade as their legitimate American counterparts, originate in China. Contact Jessica Rawe to learn how to register your business’ trademark with U.S. Customs and Border Patrol so it can intercept any counterfeit goods posing as your own before they hit the U.S. market. Read more about the recent seizure at CVG here.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Louis D. Kelly Successfully Prosecute Judicial Misconduct Action
On September 19, 2011, the Kentucky Judicial Conduct Commission issued its ruling in the ethics trial of Harlan Judge Russell D. Alred. Attorneys Jeff Mando and Louis Kelly prosecuted the charges against Judge Alred on behalf of the Commission. The Commission found Judge Alred guilty on 9 counts of judicial misconduct and ordered him removed from the bench. They found that he “…had improper involvement in cases, failed to dispose of cases fairly, used his office to advance personal interests and misrepresented his actions.” Click here to read the Lexington Herald Leader’s story on this decision.
By Jeffrey C. Mando and Louis D. Kelly
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jennifer L. Langen Successful in Federal civil rights case
On September 22, 2011, U.S. District Judge William Bertelsman issued his ruling in Eileen Burden v. Sgt. Scott Paul granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims alleging violation of her constitutional rights, abuse of process, and malicious prosecution. Attorneys Jeff Mando and Jennifer Langen represented Sgt. Scott Paul. In his Memorandum and Order, Judge Bertelsman found that Sgt. Paul did not act maliciously in charging plaintiff, had probable cause to charge her with a crime, and did not abuse the judicial process at any time. Click here for Judge Bertelsman’s ruling.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Claire E. Parsons Successful in Federal civil rights/wrongful death case
On September 22, 2011, U.S. District Judge David L. Bunning issued his ruling in Rose Christine Ash v. Boone County, Kentucky, et al. granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims of violation of plaintiff’s Fourteenth Amendment due process rights and claims for negligence and wrongful death. Attorneys Jeff Mando and Claire Parsons represented Boone County and Jailer Edwin Prindle. Judge Bunning did not find sufficient evidence of unlawful force used against the decedent during his incarceration at the Boone County Jail; furthermore, plaintiff did not establish evidence to demonstrate any violation of the plaintiff’s constitutional rights. Click here for Judge Bunning’s rulingBy
9/9/11 – Ohio Estate Tax Repealed
With the repeal of the Ohio Estate Tax, signed into law by Governor Kasich on June 30, 2011, decedents dying on or after January 1, 2013 will no longer be subject to Ohio estate taxes. Ohio’s current estate tax scheme, which will remain in effect until that time, imposes a tax of 6% on a decedent’s assets in excess of the $338,333 exemption, and 7% on assets in excess of $500,000. Ohio’s estate tax exemption had been the lowest among all 50 states, with New Jersey being the next lowest at $675,000. Now, combined with a current Federal estate tax exemption of $5 million and the ability of a married couple to double that exemption amount automatically through the use of portability, Ohio has made itself a much more attractive location for wealthy individuals and small businesses, especially when compared to neighboring states like Kentucky who still impose an Inheritance Tax on transfers made at the time of death.
8/31/11 – Adams Stepner Attorney Jason C. Kuhlman Successfully Defends Summary Judgment for Realtor before Kentucky Court of Appeals
On August 26, 2011, the Kentucky Court of Appeals issued an opinion affirming the Kenton Circuit Court’s grant of Summary Judgment in favor of the Defendants in the case of Michael A. Claypool v. Anthony Brock, et al., Case No. 2010-CA-001268-MR. The case was brought by the purchaser of a home who claimed that the seller had failed to disclose defects with the home, including a basement leak. Jason C. Kuhlman, a Partner in the Civil Litigation Group of Adams, Stepner, Woltermann & Dusing, PLLC, represented the buyer’s real estate agent. The Kenton Circuit Court granted Summary Judgment to the seller and the realtors on the basement leak claim, noting that the home inspection report revealed foundation cracking and evidence of past and recent moisture. Affirming the ruling, the Court of Appeals reasoned that these revelations put the buyer on notice of a leakage problem.
8/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jason C. Kuhlman Secure Summary Judgment for Swiss Company
On August 10, 2011, Attorneys, Jeffrey C. Mando and Jason C. Kuhlman, obtained Summary Judgment on behalf of a Swiss company, CRS Holding, in a commercial dispute before the United States District Court for the Eastern District of Kentucky. The case, MidAmerican Distribution, Inc. v. Clarification Technologies., Inc., et al, Case No. 09-cv-0096-DLB-JGW, involved allegations of breach of contract and unjust enrichment between the plaintiff, a Northern Kentucky distributor of foodservice products, and a Seattle, Washington-based company that is majority-owned by CRS Holding. The successful outcome depended on several preliminary steps. After the plaintiff amended its original complaint to join CRS Holding under an “alter ego” theory, Mr. Mando and Mr. Kuhlman removed the case to Federal Court, where they later convinced the Court to bifurcate the case between the liability claims and alter ego allegations. After a period of discovery, both defendants moved for Summary Judgment. Continuing the theme that they had successfully asserted in seeking bifurcation, Mr. Mando and Mr. Kuhlman argued that the facts bearing on alter ego were irrelevant to the plaintiff’s claims for liability and that if Summary Judgment was granted on plaintiff’s liability claims, plaintiff’s assertion of the alter ego remedy must likewise fail. The Court agreed with this reasoning in granting Summary Judgment across the board to both Defendants.
8/17/11 – Adams Stepner Attorneys Mary Ann Stewart and Jennifer Langen Successful at Kentucky Court of Appeals
On August 5, 2011, Attorneys, Mary Ann Stewart and Jennifer Langen, obtained a successful ruling by the Kentucky Court of Appeals, upholding the Kenton Circuit Court’s entry of Summary Judgment on behalf of a jail deputy and a jail nurse, in Dustin Jerauld, by and through his Guardian, Patricia Robinson vs. Mark Kroger, Pamela Sams, and Ramona Parker, Case No. 2010-CA-001429-MR. In a unanimous, published decision, the Court adopted the arguments made by Ms. Stewart and Ms. Langen, and held that jail employees’ supervision of inmates falls within the scope of discretionary-decision making and that they are immune from civil suits seeking payment of damages for failure to foresee or prevent an inmate’s attempt at suicide.
The plaintiffs had brought companion claims against these same defendants in Federal Court. Ms. Stewart and Ms. Langen had secured court-ordered dismissal of these claims, too through favorable rulings of the United States District Court, Eastern District of Kentucky, and the Sixth Circuit Court of Appeals.
8/15/11 – Adams Stepner Attorney Andrew J. Vandiver’s article cited by Kentucky Court of Appeals
Attorney Andrew J. Vandiver’s article on real estate broker liability was cited recently by the Kentucky Court of Appeals (see Waldridge v. Homeservices of Ky., Inc., 2011 Ky. App. LEXIS 81 (Ky. Ct. App. Apr. 29, 2011)). The article was cited as scholarly authority on the issue by the Appeals Court.
9/30/11 – Registering Your Business Trademark with U.S. Customs
$5.4 million in counterfeit goods were recently seized by U.S. Customs officials at CVG. 80% of these items, which masquerade as their legitimate American counterparts, originate in China. Contact Jessica Rawe to learn how to register your business’ trademark with U.S. Customs and Border Patrol so it can intercept any counterfeit goods posing as your own before they hit the U.S. market. Read more about the recent seizure at CVG here.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Louis D. Kelly Successfully Prosecute Judicial Misconduct Action
On September 19, 2011, the Kentucky Judicial Conduct Commission issued its ruling in the ethics trial of Harlan Judge Russell D. Alred. Attorneys Jeff Mando and Louis Kelly prosecuted the charges against Judge Alred on behalf of the Commission. The Commission found Judge Alred guilty on 9 counts of judicial misconduct and ordered him removed from the bench. They found that he “…had improper involvement in cases, failed to dispose of cases fairly, used his office to advance personal interests and misrepresented his actions.” Click here to read the Lexington Herald Leader’s story on this decision.
By Jeffrey C. Mando and Louis D. Kelly
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jennifer L. Langen Successful in Federal civil rights case
On September 22, 2011, U.S. District Judge William Bertelsman issued his ruling in Eileen Burden v. Sgt. Scott Paul granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims alleging violation of her constitutional rights, abuse of process, and malicious prosecution. Attorneys Jeff Mando and Jennifer Langen represented Sgt. Scott Paul. In his Memorandum and Order, Judge Bertelsman found that Sgt. Paul did not act maliciously in charging plaintiff, had probable cause to charge her with a crime, and did not abuse the judicial process at any time. Click here for Judge Bertelsman’s ruling.
9/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Claire E. Parsons Successful in Federal civil rights/wrongful death case
On September 22, 2011, U.S. District Judge David L. Bunning issued his ruling in Rose Christine Ash v. Boone County, Kentucky, et al. granting defendant’s Motion for Summary Judgment and dismissing plaintiff’s claims of violation of plaintiff’s Fourteenth Amendment due process rights and claims for negligence and wrongful death. Attorneys Jeff Mando and Claire Parsons represented Boone County and Jailer Edwin Prindle. Judge Bunning did not find sufficient evidence of unlawful force used against the decedent during his incarceration at the Boone County Jail; furthermore, plaintiff did not establish evidence to demonstrate any violation of the plaintiff’s constitutional rights. Click here for Judge Bunning’s rulingBy
9/9/11 – Ohio Estate Tax Repealed
With the repeal of the Ohio Estate Tax, signed into law by Governor Kasich on June 30, 2011, decedents dying on or after January 1, 2013 will no longer be subject to Ohio estate taxes. Ohio’s current estate tax scheme, which will remain in effect until that time, imposes a tax of 6% on a decedent’s assets in excess of the $338,333 exemption, and 7% on assets in excess of $500,000. Ohio’s estate tax exemption had been the lowest among all 50 states, with New Jersey being the next lowest at $675,000. Now, combined with a current Federal estate tax exemption of $5 million and the ability of a married couple to double that exemption amount automatically through the use of portability, Ohio has made itself a much more attractive location for wealthy individuals and small businesses, especially when compared to neighboring states like Kentucky who still impose an Inheritance Tax on transfers made at the time of death.
8/31/11 – Adams Stepner Attorney Jason C. Kuhlman Successfully Defends Summary Judgment for Realtor before Kentucky Court of Appeals
On August 26, 2011, the Kentucky Court of Appeals issued an opinion affirming the Kenton Circuit Court’s grant of Summary Judgment in favor of the Defendants in the case of Michael A. Claypool v. Anthony Brock, et al., Case No. 2010-CA-001268-MR. The case was brought by the purchaser of a home who claimed that the seller had failed to disclose defects with the home, including a basement leak. Jason C. Kuhlman, a Partner in the Civil Litigation Group of Adams, Stepner, Woltermann & Dusing, PLLC, represented the buyer’s real estate agent. The Kenton Circuit Court granted Summary Judgment to the seller and the realtors on the basement leak claim, noting that the home inspection report revealed foundation cracking and evidence of past and recent moisture. Affirming the ruling, the Court of Appeals reasoned that these revelations put the buyer on notice of a leakage problem.
8/29/11 – Adams Stepner Attorneys Jeffrey C. Mando and Jason C. Kuhlman Secure Summary Judgment for Swiss Company
On August 10, 2011, Attorneys, Jeffrey C. Mando and Jason C. Kuhlman, obtained Summary Judgment on behalf of a Swiss company, CRS Holding, in a commercial dispute before the United States District Court for the Eastern District of Kentucky. The case, MidAmerican Distribution, Inc. v. Clarification Technologies., Inc., et al, Case No. 09-cv-0096-DLB-JGW, involved allegations of breach of contract and unjust enrichment between the plaintiff, a Northern Kentucky distributor of foodservice products, and a Seattle, Washington-based company that is majority-owned by CRS Holding. The successful outcome depended on several preliminary steps. After the plaintiff amended its original complaint to join CRS Holding under an “alter ego” theory, Mr. Mando and Mr. Kuhlman removed the case to Federal Court, where they later convinced the Court to bifurcate the case between the liability claims and alter ego allegations. After a period of discovery, both defendants moved for Summary Judgment. Continuing the theme that they had successfully asserted in seeking bifurcation, Mr. Mando and Mr. Kuhlman argued that the facts bearing on alter ego were irrelevant to the plaintiff’s claims for liability and that if Summary Judgment was granted on plaintiff’s liability claims, plaintiff’s assertion of the alter ego remedy must likewise fail. The Court agreed with this reasoning in granting Summary Judgment across the board to both Defendants.
8/17/11 – Adams Stepner Attorneys Mary Ann Stewart and Jennifer Langen Successful at Kentucky Court of Appeals
On August 5, 2011, Attorneys, Mary Ann Stewart and Jennifer Langen, obtained a successful ruling by the Kentucky Court of Appeals, upholding the Kenton Circuit Court’s entry of Summary Judgment on behalf of a jail deputy and a jail nurse, in Dustin Jerauld, by and through his Guardian, Patricia Robinson vs. Mark Kroger, Pamela Sams, and Ramona Parker, Case No. 2010-CA-001429-MR. In a unanimous, published decision, the Court adopted the arguments made by Ms. Stewart and Ms. Langen, and held that jail employees’ supervision of inmates falls within the scope of discretionary-decision making and that they are immune from civil suits seeking payment of damages for failure to foresee or prevent an inmate’s attempt at suicide.
The plaintiffs had brought companion claims against these same defendants in Federal Court. Ms. Stewart and Ms. Langen had secured court-ordered dismissal of these claims, too through favorable rulings of the United States District Court, Eastern District of Kentucky, and the Sixth Circuit Court of Appeals.
8/15/11 – Adams Stepner Attorney Andrew J. Vandiver’s article cited by Kentucky Court of Appeals
Attorney Andrew J. Vandiver’s article on real estate broker liability was cited recently by the Kentucky Court of Appeals (see Waldridge v. Homeservices of Ky., Inc., 2011 Ky. App. LEXIS 81 (Ky. Ct. App. Apr. 29, 2011)). The article was cited as scholarly authority on the issue by the Appeals Court.