Michael Mitchell v University of Kentucky

[Comm]

Just saw this on the docket for the Supreme court... Look like Ms Goodwine has a review against her.

Summary: “Legal Malpractice. Statute of Limitations. Choice of Laws. Summary Judgment. This case involves alleged malpractice by attorneys involved in Fen-Phen litigation. The issues include whether the Alabama or Kentucky statute of limitations applies, whether the claims are legal malpractice or fraud and whether the trial court properly granted summary judgment against all plaintiffs.”

Discretionary Review granted 10-19-2011
Fayette Circuit Court, Judge Pamela Goodwine

I might go just to see her sweat!

 

[Comm]

I think we can expect to hear something on Thursday, Comm. I don't know if Mitchell will be in the bunch, but I think we will get some opinions then.

Let's hope so!

 

[Comm]

I think we can expect to hear something on Thursday, Comm. I don't know if Mitchell will be in the bunch, but I think we will get some opinions then.

Gutshot,
"When" they rule, and it says something along the lines of "Universities cannot prohibit weapons kept in personal vehicles by faculty, staff or students parked on University parking lots or anywhere on University property" when will that take effect? We will have to wait a few weeks or months?

 

[garyh9900]

Gutshot,
"When" they rule, and it says something along the lines of "Universities cannot prohibit weapons kept in personal vehicles by faculty, staff or students parked on University parking lots or anywhere on University property" when will that take effect? We will have to wait a few weeks or months?

Making the assumption they reverse Pam Goodwines decision, they will likely reverse and remand it back to her court with instructions to issue a new judgement. But for all practical purposes, its effect would be immediate.

 

[garyh9900]

They could say, "Yes, Mitchell had a right to keep his gun in his car, but KY is a employ "at will" state and Mitchell could be terminated any time for any reason or for no reason. I don't think that is going to happen, but...

I think the only thing that may lose this case for Mitchell would be the fact we was a student as well as an employee. The law explicitly covers employees, but says nothing of students.

 

[KYGlockster]

Students and staff members at Kentucky universities may keep guns and other deadly weapons in a car's glove compartment, but the schools may continue to regulate them elsewhere on campus, the Kentucky Supreme Court ruled Thursday. The high court in Frankfort found that while two Kentucky laws conflict on the issue, lawmakers "expressed a strong public policy" in favor of exempting a person's vehicle from the restrictions on deadly weapons on campus

from http://www.nraila.org/news-issues/i...urt-gun-in-glove-box-legal-on-campus-(1).aspx

What a joke. If they are going to rule that colleges have the authority to regulate firearms, where else could they say the same? Is a commission meeting a more volatile and sensitive place than a college? I don't agree with the SC on colleges having the authority to regulate weapons. The constitution is very straight forward! We can carry in every govt. Building except colleges?? Come on!

 

[zekester]

Hmm....policy is now law?

 

[garyh9900]

Students and staff members at Kentucky universities may keep guns and other deadly weapons in a car's glove compartment, but the schools may continue to regulate them elsewhere on campus, the Kentucky Supreme Court ruled Thursday. The high court in Frankfort found that while two Kentucky laws conflict on the issue, lawmakers "expressed a strong public policy" in favor of exempting a person's vehicle from the restrictions on deadly weapons on campus

from http://www.nraila.org/news-issues/i...urt-gun-in-glove-box-legal-on-campus-(1).aspx

What a joke. If they are going to rule that colleges have the authority to regulate firearms, where else could they say the same? Is a commission meeting a more volatile and sensitive place than a college? I don't agree with the SC on colleges having the authority to regulate weapons. The constitution is very straight forward! We can carry in every govt. Building except colleges?? Come on!

Notice in the opinion(page 5, paragraph 2) "The long-standing practice of this Court is to refrain from reaching constitutional issues when other non-constitutional grounds can be relied upon." Schroder was basically saying since the law itself clearly addresses this situation, it goes against their precedent to do more than necessary. It will take a case of someone carrying on campus to get the supreme court to rule on the constitutionality of campus carry.

 

[MrOverlay]

Students and staff members at Kentucky universities may keep guns and other deadly weapons in a car's glove compartment, but the schools may continue to regulate them elsewhere on campus, the Kentucky Supreme Court ruled Thursday. The high court in Frankfort found that while two Kentucky laws conflict on the issue, lawmakers "expressed a strong public policy" in favor of exempting a person's vehicle from the restrictions on deadly weapons on campus

from http://www.nraila.org/news-issues/i...urt-gun-in-glove-box-legal-on-campus-(1).aspx

What a joke. If they are going to rule that colleges have the authority to regulate firearms, where else could they say the same? Is a commission meeting a more volatile and sensitive place than a college? I don't agree with the SC on colleges having the authority to regulate weapons. The constitution is very straight forward! We can carry in every govt. Building except colleges?? Come on!

Didn't the legislature give post-secondary schools the ability to regulate concealed firearms on campus, with noted exceptions such as Mitchell?

If so, then it is something the legislature needs to address. I don't know how a case involving open carry would shake out.