Limits on the Enforceability of Agreements to Arbitrate Injury Claims

By: Mark L. Moseley

Limits on the Enforceability of Agreements to Arbitrate Injury ClaimsFifty years ago, pre-injury arbitration agreements were unenforceable in most states. Basically, this was because courts believed that the right to have claims resolved in court was a fundamental constitutional right that could not be waived before a claim arose. But in the 1970's, that view began to change. The federal government and the states enacted laws making arbitration agreement provisions enforceable.

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Obergefell and FMLA Benefits for Same-Sex Couples

By: Erin C. Sammons

Obergefell and FMLA Benefits for Same-Sex CouplesMost recall Rowan County Clerk Kim Davis and her refusal to issue marriage licenses to same-sex couples in the face of the U.S. Supreme Court's decision in Obergefell v. Hodges holding the right to marry is a fundamental right under the 14th Amendment Due Process and Equal Protection Clauses. 135 S.Ct. 2584 (Jun. 26, 2015). The legal ideology for same-sex marriage is just beginning to take shape, as States struggle between individual constitutional rights and federalism.

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Kentucky Supreme Court Addresses Limitations on UIM Claims

By: James W. Lacy III

Kentucky Supreme Court Addresses Limitations on UIM ClaimsUntil March of this year, Kentucky courts had yet to uphold any contractual limitation provision on an insured's ability to bring a UIM suit against their carrier. In March, the Supreme Court of Kentucky rendered its opinion in State Farm v. Riggs, 484 S.W.3d 724 (Ky. 2016), noting that a policy provision limiting the time to file a UIM claim was reasonable.

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Case Establishes New Standard for Determining UM Priority

By: Lacy J. Fiorella

Case Establishes New Standard for Determining UM PriorityIn 2007, Sharon Bartley was a passenger in a tractor-trailer owned and operated by her son, Joey. The vehicle was involved in a collision with an uninsured motorist, whose negligence was determined to have caused the accident. Sharon Bartley suffered injuries as a result.

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L&S BEST Lawyers in America!

BIG Congratulations to our 2017 BEST Lawyers in America!

2017 Best Lawyers:

William C. Shouse
Pierce W. Hamblin
Larry C. Deener
Jeffrey A. Taylor
Douglas L. Hoots
John G. McNeill
Leslie P. Vose
John R. Martin
R. Kent Westberry

Special CONGRATULATIONS to our L&S Best Lawyers in America 2017!

WELCOME TO L&S! Nicholas G. Haming has joined the Lexington Office

Nicholas G Haming has joined the Lexington Office