SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

Henderson Community College, Fine Arts Center
2660 S. Green Street, Henderson Kentucky 42420

TO: Justices and Court Staff
FROM: Chief Justice Joseph E. Lambert
DATE: August 16, 2004

THURSDAY, SEPTEMBER 16, 2004

9:00 a.m. MELO, M. D. V. BARNETT (2003-SC-200-DG)
"Patient Privacy - HIV Status. At issue in this action for breach of medical confidentiality is the conflict between a physician's statutory duty under KRS 214.181 to protect the privacy of a patient's HIV-positive medical condition and the requirement of KRS 342.020 and 803 KAR 25:096 that a statement of services accompany a physician's request to the employer for payment of an employee's work-related medical expenses".
Discretionary Review granted 2/11/04
Jefferson Circuit Court, Judge Ann Shake
For Movant: Christopher P. O'Bryan, Cathleen Charters Palmer and
Michael Brian Dailey
For Respondent: A. Thomas Johnson

10:00 a.m. COMMONWEALTH V. C. J., A CHILD (2002-SC-1009-DG)
"Juvenile Code. Informal Adjustment. Appeals. At arraignment, the case of a juvenile charged with possession of a weapon at school and wanton endangerment was granted informal adjustment, on condition that the juvenile surrender the weapon, continue counseling, and perform community service. Can the Commonwealth appeal on the grounds that statutory notification requirements for informal adjustment had not been met?"
Discretionary Review granted 12/11/03
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movant: Teresa Young
For Respondent: Frank Wm. Heft, Jr.

11:00 a.m. KY KINGDOM AMUSEMENT COMPANY, (F/M/A KY KINGDOM, INC.) V. BELO KY, INC., D/B/A WHAS-TV (F/K/A JOURNAL BROADCASTING OF KY, INC. D/B/A WHAS-TV) (2002-SC-693-DG) to be heard with: BELO KY, INC., D/B/A WHAS-TV V. KY KINGDOM AMUSEMENT CO. (2002-SC-697-DG) and cross-motion BELO KY, INC., D/B/A WHAS-TV V. KY KINGDOM AMUSEMENT CO. (2003-SC-634-DG)
"Defamation. First Amendment. Issues include: the proper standard of review of jury's findings regarding falsity and actual malice; whether a series of telecasts may be found defamatory ‘taken as a whole'; whether evidence regarding professional journalistic standards is relevant and admissible; whether jury instructions must define ‘false'; whether corporate plaintiff may recover both for lost profits and for injury to reputation; and the evidentiary standard necessary to permit an award of punitive damages".
Discretionary Reviews granted 8/13/2003 and 10/15/2003
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For KY Kingdom Amusement Co.: Gaylee W. Gillim, Eric L. Ison, Edmund Karem,
Ann B. Oldfather, Lea A. Player and Melissa Norman Bork
For Belo KY, Inc.: John L. Tate, Thomas Leatherbury, Lisa E. Bowlin
and Bethany A. Breetz