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law

01.22.2016

Congratulations to Keith Carwell on 40 years of service

Congratulations to Keith Carwell on 40 years of service Read More

01.12.2016

Federal Court rules insured’s bad faith claim failed under Kentucky Law

By Kyle Roby, Attorney and Partner English, Lucas, Priest and Owsley, LLP It often comes as a surprise to those injured in car accidents that dealing with one's own insurance company can be just as vexing and contentious as dealing with the insurance company of the driver whose negligence or recklessness caused the accident. Fortunately, the law does provide some protection for insureds who have to fight with their own insurance company to get that to which they are contractually entitled. However, the threshold for success in such cases is high, and not every case results in a judgment in the insured's favor. Read More

12.17.2015

Congratulations to our staff on many years of service

Congratulations to our staff on many years of service Read More

12.17.2015

Tennessee Court of Appeals says driver’s comparative fault barred recovery in truck wreck

By Kyle Roby, Attorney English, Lucas, Priest and Owsley, LLP Although the basic law of negligence is the same across the country - namely, that to be successful, the plaintiff must show duty, breach of duty, causation, and damages - there are some nuances of negligence law that are different in various states. Thus, the outcome of a particular case can vary considerably, depending upon the state in which the accident occurred. For instance, under the law of comparative fault, there can be wide variations in the outcome of a suit based on similar circumstances, depending upon the state where the suit is filed. The state of Tennessee follows what is called the "modified system of comparative fault." Beginning with the 1992 case of McIntyre v. Balentine, a plaintiff may recover damages in proportion to a defendant's percentage of fault in an accident, as long as the defendant's fault outweighed any fault by the plaintiff. In cases in which the jury finds the parties to be equally at fault (or finds the plaintiff to be more than 50 percent at fault), the plaintiff recovers nothing. Read More

12.08.2015

ELPO attorneys, staff ring the bell for The Salvation Army

ELPO attorneys, staff ring the bell for The Salvation Army Read More

11.12.2015

ELPO wins $9.2 million decision for education client

ELPO wins $9.2 million decision for education client Read More

11.04.2015

LaJuana Wilcher to speak at national water conference

LaJuana Wilcher speaks at national water conference Read More

10.21.2015

How you document your charitable donations matters to the IRS

By Nathan Vinson, Attorney English, Lucas, Priest and Owsley, LLP Almost everyone makes charitable donations of some kind, and many of us expect to deduct the value of those donations from our income when our taxes are being prepared. While it’s not a primary motivator for most who give to charity, it certainly helps spur some giving and motivates some to meet charitable obligations prior to the end of the calendar year. Here are a few tax rules to keep in mind when making charitable donations of property (i.e. noncash donations), as federal tax law and regulations require certain documentation of gifts depending on the value of the gifts.  In tax parlance, these rules are called “substantiation” requirements. For gifts under $250, minimal documentation is required to claim a tax deduction. While it is generally required that the taxpayer obtain a receipt from the charitable organization, the taxpayer is excused from doing so if getting a receipt is “impractical.” An example that the tax regulations use is dropping off property (i.e. clothing) at a charity’s unattended drop site (i.e. a Goodwill drop box after store hours).  In that instance, taxpayers are required to retain in their own records (but not submit to the IRS) documentation containing: the name and address of the charity; the date and location of the donation; a description of the property, including its value; the fair market value of the property contributed and the method used to determine the fair market value; and possibly other documentation. As you can see, it may just be simpler to get the receipt! Read More

09.29.2015

Choosing a potential guardian for your children in your will

By Elizabeth McKinney, Attorney and Partner English, Lucas, Priest & Owsley, LLP Estate planning often involves thinking about things you’d rather not, and perhaps the most unpleasant of tasks is to consider who you’d appoint as guardians for your minor or special needs children in the event of your death. Read More

08.20.2015

Kenly Ames examines Kentucky standard for civil lawsuits in latest Bench & Bar

Kenly Ames examines Kentucky standard for civil lawsuits in latest Bench & Bar Read More