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Q&A: Are car accident settlements part of the public record?

May 11, 2020
No, unless the parties want to make the settlement part of the record. If the settlement ends a lawsuit, the lawyers for the party will prepare an agreed order of dismissal to be entered by the court. The settlement agreement...
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Q&A: Can you sue for intentional infliction of emotional distress where one spouse has been emotionally damaged by the adultery of the other?

May 8, 2020
Whether the tort of intentional infliction of emotional distress (“IIED,” also known as the “tort of outrage”) is recognized at all depends on the state. Kentucky recognizes this cause of action, but reserves it as a “gap filler” where no...
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Q&A: If a tenant left without paying all the rent, then later someone else asks you for a reference, is it blackmail to ask the former tenant for the money they owe before you give the reference?

May 1, 2020
I’d have trouble fitting that scenario into a violation of Kentucky’s extortion statute, KRS 514.080, online at https://casetext.com/statute/kentucky-revised-statutes/title-50-kentucky-penal-code/chapter-514-theft-and-related-offenses/section-514080-theft-by-extortion They owe you the money, and you don’t owe them a reference. I did once have former tenants call a year or...
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Q&A: If a renter burns himself on a stove top in his apartment, is the landlord responsible for the injuries?

April 29, 2020
Generally speaking, if the stovetop in this scenario is not defective and it was installed properly, but the tenant or one of the tenant’s guests burned himself or herself while using it, then no, the landlord is not responsible for...
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Q&A: Can you get arrested for saying you want to kill someone?

April 22, 2020
Depends on the jurisdiction and the circumstances. In Kentucky, saying you want to kill someone could get you arrested for menacing, which is intentionally placing another person in reasonable apprehension of imminent physical injury, or terroristic threatening, which is threatening...
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