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Bob Young By Bob Young On September 9, 2019, the Food and Drug Administration issued a stern warning to Juul Labs. The FDA sent 2 letters to the e-cigarette manufacturer stating that it was troubled by Juul’s marketing and outreach practices. The agency cited a testimony from a July congressional hearing… Read More

3,166 people were killed in motor vehicle accidents involving distracted drivers in 2017. Read More

Nonprofits are still subjected to the extended sales and use tax laws if they conduct sales outside of admissions and fundraising events sales. Read More

By Kyle Roby, Partner Have you ever taken your child to a trampoline park or bouncy house facility and had to sign a liability waiver, or check-in on an I-pad, to release all claims in order for them to be able jump? Have you ever asked yourself “What did I… Read More

Breaking news from CBSNews.com: “A jury in Oakland, California, has awarded a couple $2 billion in punitive damages after concluding that sustained exposure to Monsanto Co.’s popular Roundup weed killer led to their cancer diagnoses. The couple will receive an additional $55 million for pain and suffering and to cover… Read More

By Kyle Roby, Partner English, Lucas, Priest and Owsley, LLPKyle RobyA recent Kentucky Supreme Court case addressed the issue of PIP or BRB payments, which are also called no-fault payments. This is part of a class action lawsuit against insurance giant GEICO. The company denied PIP benefits based on a doctor reviewing medical records and not examining the individual. This is known as a peer review of medical records by an out-of-state doctor.This procedure is not found in the Kentucky Motor Vehicle Reparations Act (MVRA). The plaintiffs argued that this procedure should not have been used as a standard for denying benefits and the Kentucky Supreme Court agreed.  In fact, the Kentucky Supreme Court compared the arguments made by the attorneys and the trial court to coon dogs leading a hunter in the wrong direction or as the old saying goes “they were barking up the wrong tree.”The case is Government Employees Insurance Company (GEICO) vs. Jordan Sanders and Anita Houchens (individually and as class representatives). The court handed down the ruling on November 1, and ordered that the ruling was to be published, which means it can be used as a standard in future cases. Read More

By Brett Reynolds, Partner English, Lucas, Priest and Owsley, LLPBrett ReynoldsEveryone has gotten scam calls and emails. The scammers are getting smarter and more sophisticated, and they’re now targeting law firms and other businesses with well-planned attempts to get money. The scams have enough legitimacy that they sound like they could be real business transactions. In fact, our own firm was hit with an attempt a few weeks ago that we wanted to tell you about so you can see how these type of scams work, and how you can avoid getting taken. I was contacted by a local real estate developer who owned several apartment complexes. A buyer in China wanted to buy the properties, and he needed someone to hold earnest money in escrow and assist with any legal details that might arise before he could come to the United States. I agreed to do so. This is fairly standard and something we’ve done in countless deals for clients previously. It didn’t raise any alarms for us that the buyer was overseas. This is quite common. Bowling Green is a fairly diverse city with lots of foreign nationals living and working in our community, and we’re better for it. Read More

By Aaron Smith, Partner English, Lucas, Priest and OwsleyThe U.S. Supreme Court issued a unanimous ruling this week that municipalities need to carefully consider in their hiring and firing practices.The ruling indicates that local and state governments are required to abide by the Age Discrimination in Employment Act, which has been in place since 1967. The law was amended in 1974 to specify that it applies to public entities as well. Read More

By Nathan Vinson, Partner English, Lucas, Priest and Owsley, LLP Recently, a colleague asked me what I thought was a simple question about the required minimum distributions that those over 70 ½ must take each year from their retirement accounts. In the course of doing the research to… Read More

By Nathan Vinson English, Lucas, Priest & Owsley, LLPIf you want to save up for your child’s future college education, 529 plans have long been a great option. Lovingly named for the section of the IRS tax code where these reside, 529 plans allow families to save for college with some tax advantages. The plans are sponsored by states, state agencies, or educational institutions, and can be either a prepaid tuition plan or an education savings plan, depending on what the sponsor offers.Western Kentucky University campusA prepaid tuition plan allows you to pay today’s rates for future college education. This can be a tremendous savings if you’re 100 percent certain your kid is absolutely going to a specific college (or going to college at all). These are typically state-owned colleges and universities, and you can only pre-pay tuition, not room and board. Kentucky’s prepaid tuition plan is closed, and will be reassessed annually, the plan says on its web site; Kentucky Education Savings Plan Trust does still offer a 529 plan that allows for college savings, and you can find more on that here.An education savings plan is simply a vehicle for saving up for future college costs, and that includes room and board. These funds can also be used for private school tuition at elementary, middle and high schools, up to $10,000 per beneficiary. That $10,000 cap, though, doesn’t apply to college – just to K-12 education. Read More