Kentucky Supreme Court

Mildred Abbott, Barbara Abel, Elizabeth Abney, Lisa Abraham, Pamela Abrams, Elizabeth Adams, Cathy Adams, Phyllis…

August 29, 20132013 Ky. LEXIS 367

Summary

The court reinstated partial summary judgment against Cunningham, Gallion, and Mills, holding that their undisputed collection and distribution of fees exceeding their contingent-fee agreements constituted both contractual breaches and breaches of fiduciary duty. It also upheld joint and several liability, held that denial of summary judgment against Chesley was not appealable, affirmed retention of the case in Boone County, and held that undocumented expenses could not be credited on summary judgment. The case was remanded for further proceedings concerning the expenses and remaining claims.