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Robert Abell Law Library

Library Categories:

• Accidents
• Insurance Claims
• Employment Law
• Workers' Compensation
• Disability Insurance
• General

Accidents:

• Toyota Prius Class Action Lawsuit Complaint [PDF]   
  Description: Toyota Prius Class Action Lawsuit Complaint regarding alleged braking system defects.
• Class Action Lawsuit against Toyota in Kentucky [PDF]   
  Description: Class action lawsuit filed against Toyota in federal court in northern Kentucky.
• Comair Crash: Court Rules Pilot Negligence "Substantial Factor" [PDF]   
  Description: A federal district court judge has ruled that pilot negligence was a substantial factor in the crash of Comair flight 151 at Bluegrass Field in Lexington, Kentucky.
• A Guide To Getting Differential Diagnosis Evidence Admitted [PDF]   
  Description: A guide to getting differential diagnosis evidence admitted was provided by the Sixth Circuit's decision in Best v. Lowe's Home Centers.
• Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton [PDF]   
  Description: A bicyclist does not assume the risk of a defective roadway and may sue for her injuries and damages a New York appellate court has ruled recently in Cotty v. Southampton.

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Insurance Claims:

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• Are life insurance benefits payable where death results from accidentally running a stop sign? Since an ordinary person would characterize running a stop sign as an accident, life insurance benefits payable for an accidental death must be paid.   
  Description: When are accidental death life insurance benefits payable? When death results from some circumstance or event that an ordinary person would characterize as an accident. Lexington, Kentucky insurance lawyer Robert Abell can help you where an insurance company is wrongfully denying a claim for benefits.
• Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher [PDF]   
  Description: The importance of uninsured motorist (UM) coverage is shown in this case, State Farm v. Slusher, where the Kentucky Court of Appeals ruled that the family of a man killed in a work accident could recover UM benefits.
• What are the Insurance companies' "Tricks of the Trade?"   
  Description: The American Association for Justice (AAJ) has followed up its report The Ten Worst Insurance Companies in America; How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most with a further report, this one detailing the insurance companies' most common ways and means to keep from paying claims.

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Employment Law:

• Kentucky Whistleblower & Employee Free Speech Brief [PDF]   
  Description: Kentucky Whistleblower Act and employee First Amendment free speech issues are argued in this brief filed by Lexington, Kentucky whistleblower attorney Robert Abell.
• Kentucky Whistleblower Act & Employee Free Speech Reply Brief [PDF]   
  Description: Kentucky Whistleblower Act and public employee First Amendment free speech rights are argued in this reply brief filed with the Sixth Circuit Court of Appeals by Lexington, Kentucky whistleblower lawyer Robert Abell
• Sex discrimination, hostile work environment, retaliation complaint; Leach v. Holder [PDF]   
  Description: Sex discrimination, hostile work environment and retaliation complaint filed in federal court: Leach v. Eric Holder, Attorney General of the United States
• Texas Tech football coach Mike Leach Lawsuit documents [PDF]   
  Description: Mike Leach, former Texas Tech football coach, seeks compensatory, consequential and punitive damages in his lawsuit against Texas Tech University, which fired him in late December after ten highly successful years as its football coach.
• The Executive, Administrative and Professional Exemptions to the Overtime Requirement [PDF]   
  Description: Misclassification of employees as exempt from overtime requirements under the administrative, executive or professional exemptions to the overtime requirement is a common and frequent violation of overtime laws. If you believe you have been misclassified and denied overtime pay contact Lexington, Kentucky overtime lawyer Robert L. Abell

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Workers' Compensation:

• Recovery of Damages Against a Co-Worker For Injuries Sustained on the Job [PDF]   
  Description: Can damages be recovered in a personal injury suit for injuries sustained on the job? The exclusive remedy doctrine to Kentucky workers compensation benefits usually bars such recovery against the employer and co-employees as is illustrated in this decision by the Kentucky Court of Appeals, Helton v. Tri-County Cycles.
• Recovery of Workers Compensation Benefits Not Barred by Recovery of Damages in Injury Suit Against Third-Party [PDF]   
  Description: Can workers compensation benefits be recovered where personal injury damages have been recovered from a third party? The answer is Yes, as the Kentucky Court of Appeals explained in this decision, Wal-Mart v Wells, but the injured worker cannot make a double recovery.
• Are doctors that examine injured persons for an insurance company or corporation fair? Dorothy Clay Sims wrote a book about it, "Exposing Deceptive Defense Doctors." Robert Abell reviewed it for the Kentucky Justice Association publication, The Advocate. [PDF]   
  Description: One of the tricks that insurance companies use is hiring doctors to give opinions that are then used to wrongly deny claims.
• Worker Injured In Fall Entitled To Benefits -- Vacuum Depositing v Dever [PDF]   
  Description: Are injuries a worker suffers from an unexplained fall on the job covered by workers compensation? When the cause of a workplace fall is unexplained, it is presumed to be work-related and the injured worker is entitled to workers compensation benefits.
• Injured Worker's Negligence Claim Not Barred By Workers Comp -- Labor Ready v Johnston [PDF]   
  Description: Is an injury claim arising from the negligence of a temp service employee barred by the workers compensation exclusive remedy doctrine? "No" answered the Kentucky Supreme Court in Labor Ready v. Johnston, 2007-SC-149-DG.

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Disability Insurance:

• Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?   
  Description: Have your disability benefits been terminated? Did the insurance company consider your doctors' opinions and evaluations?
• Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National City [PDF]   
  Description: Have your disability insurance benefits been terminated? Did the insurance company consider the opinions of your treating doctor? Federal law requires an insurance company to consider the opinions of a claimant's treating doctors.
• Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious [PDF]   
  Description: Has your claim for disability insurance benefits been denied? Did your insurance company hire some doctor to review your file and say you were not disabled? Did the insurance company consider why your doctor says you cannot work? Do you need an experienced disability insurance benefits lawyer?
• Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules   
  Description: Has your claim for disability insurance benefits been denied? Did the insurance company hire some doctor to review your file and say you were not disabled? Did the insurance company consider why your doctor says you are disabled and cannot work? Do you need to find an experienced Kentucky disability insurance benefits lawyer? Call Robert L. Abell in Lexington, Kentucky.
• Ignoring and Fabricating Evidence: The Hartford Life Claims Process   
  Description: Can a disability insurance company ignore evidence supporting the claim of disability? Can a disability insurance company fabricate evidence supporting its denial of a claim for disability benefits? No says the court in Bloom v. Hartford Life, a case which illustrates the disability claims process of Hartford Life.

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General:

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• Which nursing homes provide the best care? [PDF]   
  Description: Which nursing homes provide the best care? This report by the federal Government Accounting Office will help you and your family know what to look for, what questions to ask and what to avoid in selecting a nursing home for a family member or loved one.
• Corporate Greed Endangers American Families [PDF]   
  Description: This is a report by the American Association for Justice, "They Knew And Failed To," which highlights numerous instances of corporate greed endangering and harming Americans and their families by engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. The report includes examples from many industries including medical devices, pharmaceuticals, consumer products, food safety and automobiles.
• Damages For Loss of a Spouse; Surviving Spouse May Recover Damages for Lost Companionship and Consortium Rules Kentucky Supreme Court   
  Description: What damages can be recovered for loss of one's spouse? The Kentucky Supreme Court ruled recently that a surviving spouse can recover damages for the lost companionship and consortium of the deceased spouse. Lexington, Kentucky attorney Robert Abell discusses the Supreme Court's decision in Martin v. Ohio County Hospital Corporation.
• Mike Martin v Joseph Schutzman - No Probable Cause to Arrest and Charge With Crime [PDF]   
  Description: An arrest and the filing of a criminal charge without probable cause is malicious prosecution and a violation of constitutional rights.

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