Lexington Probate and Estate Administration Law Blog

Kentucky-based Humana completes sale of its insurance entity

On behalf of Landrum & Shouse LLP posted in Business and Commercial Litigation on Thursday, August 16, 2018.

Humana, which is based in Kentucky, has announced the completed sale of its insurance entity. The insurance arm of Humana, which was a subsidiary completely owned by the company, was known as KMG America Corporation. The sale of the commercial insurance entity was completed with Texas-based Continental General Insurance Company (CGIC).

The sale was first announced in November 2017 and Humana has owned the insurance arm of its business since 2007. The shares of the insurance arm of the business were sold by Humana for a reported $2.4 billion. CGIC is a fully-owned subsidiary of HC2 Holdings.

Congratulations to the 2019 L&S Best Lawyers and Lawyer of the Year 2019

On behalf of Landrum & Shouse LLP on Wednesday, August 15, 2018.

AIKEN, S.C., Aug. 15, 2018 -- Best Lawyers®, the only purely peer-review^TM guide to the legal profession, announced the 25th Edition of The Best Lawyers in America on August 15, 2018.

Attorneys named to The Best Lawyers in America were recognized by their peers in the legal industry for their professional excellence in 145 practice areas. For the 2019 Edition of The Best Lawyers in America, 7.8 million votes were analyzed, which resulted in more than 60,000 leading lawyers being included in the new edition. In addition, we are pleased to recognize the 2019 "Lawyer of the Year" recipients. "Lawyer of the Year" honorees receive this award based on their extremely high overall feedback within specific practice areas and metropolitan regions. "Lawyer of the Year" recognitions were awarded in 133 practice areas across 183 metropolitan regions.

What are some signs of workplace age discrimination?

On behalf of Landrum & Shouse LLP posted in Employment Law For Employees on Thursday, August 2, 2018.

Age discrimination is illegal in Kentucky and throughout the country. People can be discriminated against due to their age at restaurants, stores or any other public place. It is also illegal to discriminate against someone due to their age when it comes to their employment. So, what are some signs of workplace age discrimination to be on the lookout for in Fayette?

A big sign that you are facing age discrimination at work is when you notice a change in your performance reviews but not your overall performance. If your performance reviews have dropped recently, it's time to document everything going on regarding your job. This often occurs with a change in leadership as new people from the outside want to go with younger employees.

What are common defenses to white collar crimes?

On behalf of Landrum & Shouse LLP posted in White Collar Criminal Defense on Friday, July 20, 2018.

White collar crime is crime committed in the business world and does not involve any type of violence. It has been present for decades and continues to this day. Most white collar crimes are committed in an effort to gain something financially. White collar crimes include embezzlement, fraud, money laundering, tax evasion and Ponzi schemes. What are common defenses to white collar crimes?

A common defense to a white collar crime charge is claiming entrapment. Entrapment occurs when a law enforcement officer coerces or intimidates a subject into committing a crime that he or she likely would not have committed. In order for this defense to work, there must be used of force, fraud or threats present.

What defense strategies can I use for a truck accident?

On behalf of Landrum & Shouse LLP posted in Trucking Accident Defense on Thursday, July 5, 2018.

Trucks are the backbone of the economy in Kentucky. The more of them you encounter on the road, the better the economy is operating. There are truck drivers of all experience levels on the roads today and even the most experienced can find themselves involved in an accident. It's never easy to deal with an accident, even if you weren't at-fault. What type of defense strategies can I use for a Fayette truck accident?

A common defense to a trucking accident you can use is that someone else was the cause of the crash. For example, you were involved in a multivehicle crash and the person who might've caused it, but didn't actually suffer physical damage, did not stop when the crash occurred. This is known as a phantom driver.

How can my company prevent sexual harassment?

On behalf of Landrum & Shouse LLP posted in Employment Law For Employers on Friday, June 22, 2018.

Sexual harassment has been an issue in the workplace for decades. The majority of instances involve women being harassed by their male counterparts or superiors. As the battle against sexual harassment continues, there are plenty of things you can do as a company to prevent it from rearing its ugly head.

Your company needs to track and monitor all reports of sexual harassment. An annual survey should be administered to all employees. They should be required to complete the survey. The survey should find out how employees feel the issue is being handled, what more could be done and if they feel comfortable when at work.

The Kentucky Workers' Compensation Act and House Bill 2

By Erin C. Sammons of Landrum & Shouse LLP posted in Workers’ Compensation on Thursday, June 14, 2018.

Workers' compensation laws evolved during the late 1800s with the Second Industrial Revolution as railroad mileage tripled. Coal mining and steel production grew exponentially. Work-related injuries often resulted in death or disfigurement, and those who survived were often unable to seek redress through the court due to antiquated common law rules. In an effort to protect railway employees, Congress passed the Federal Employers Liability Act in 1908, and states developed their own regulations as well. Kentucky's Workers' Compensation Act was passed in 1916, and has evolved over the years, most recently with House Bill 2.

Advantages of using mediation in business disputes

On behalf of Landrum & Shouse LLP posted in Business and Commercial Litigation on Friday, June 8, 2018.

Business disputes are all too common. They occur at the drop of a dime for one reason or another. There might not be a rhyme or reason for them either. These disputes can lead to litigation, which can turn into a lengthy affair. Businesses facing litigation will want to do everything possible when it comes to resolving disputes. This includes trying out mediation as a way to resolve the issue at hand in Fayette, Kentucky.

One of the biggest reasons you should use mediation to resolve business disputes is that it can help to preserve relationships. You never know how the outcome of litigation could affect relationships with other businesses or even your own employees. You can preserve these relationships since mediation is a less confrontational way to solve problems.

Workers deserve to be paid their due wages

On behalf of Landrum & Shouse LLP posted in Employment Law For Employees on Friday, May 25, 2018.

People who work usually don't put in the hours because they are bored and want something to do. Instead, they want to support themselves and be able to pay their bills. Unfortunately, some individuals do what they are supposed to do at work and aren't paid their due wages when it is time to get paid.

Kentucky has some very pointed wage and hour laws that must be followed. One of these is that employees are a due at least minimum wage. Another is that overtime pay is required. In April, the Labor Cabinet recovered a total of $101,424.73 that was due to workers. These were for unpaid overtime, time clock shaving and mandatory tip pooling.

Consider mediation to resolve semitruck crash lawsuits

On behalf of Landrum & Shouse LLP posted in Trucking Accident Defense on Friday, May 11, 2018.

Finding out that there is legal action pending after a semitruck crash is a hard spot to be placed in. For many people who are facing these types of cases, the focus is on trying to get them over with as quickly as possible without having to spend an exorbitant amount of money to do so.

One option that you have in these cases is to go through mediation with the victim of the crash. This puts you and the other party in negotiations to try to work out a settlement so that you don't have to put the case in the hands of a jury that might see the case in favor of the alleged victim.