Attorney Fees
| Cited | Statutes | Annotation |
|---|---|---|
| 2011 Ky. App. LEXIS 202 | 61.882 | Newspaper was entitled to fees, costs, and sanctions due to a city’s total refusal to furnish even previously released materials. The trial court’s failure to make such an award was an abuse of discretion. Cincinnati Enquirer v. City of Fort Thomas, 2011 Ky. App. LEXIS 202 (Ky. Ct. App. Oct. 21, 2011). Link |
| 2008 Ky. App. LEXIS 18 | 61.882 | Where a senator sought attorney billing statements prepared by nongovernmental lawyers retained by a Governor’s administration in connection with an investigation of its hiring practices, it was error to award attorney fees to the senator. Because the attorney-client privilege was favored to be a valid exception to at least a portion of the records, and because the trial court’s solution of allowing documents the administration believed to be privileged to be reviewed in camera appeared to be novel, it could not be said that the administration willfully withheld records. Commonwealth v. Scorsone, 2008 Ky. App. LEXIS 18 (Ky. Ct. App. Jan. 18, 2008), op. withdrawn, sub. op., 251 S.W.3d 328, 2008 Ky. App. LEXIS 40 (Ky. Ct. App. 2008). Link |
| City of Fort Thomas v. Cincinnati Enquirer | 61.882 | When it was determined that a city erroneously denied a newspaper’s request for a police department’s entire file in a murder case, it was not an abuse of discretion to deny the newspaper’s request for fees and costs because, inter alia, the city had a plausible, if erroneous, justification for denying the newspaper’s request. City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842, 2013 Ky. LEXIS 375 (Ky. 2013). Link |
| City of Fort Thomas v. Cincinnati Enquirer | 61.882 | When it was determined that a city erroneously denied a newspaper’s request for a police department’s entire file in a murder case, it was not an abuse of discretion to deny the newspaper’s request for fees and costs, even when a prosecutor had previously disclosed part of the file to a television station, because (1) the city was not required to research whether another agency had previously disclosed part of the file, (2) the part disclosed was a very small part of the records requested, (3) the newspaper did not specify this part of the file, and (4) this part of the file was disclosed before the Attorney General opined that disclosure was required. City of Fort Thomas v. Cincinnati Enquirer, 406 S.W.3d 842, 2013 Ky. LEXIS 375 (Ky. 2013). Link |
| City of Taylorsville Ethics Comm'n v. Trageser | 61.882 | Circuit court properly dismissed a city’s complaint against a petitioner and awarded him attorney’s fees and statutory penalties because the city and its ethics commission wrongfully withheld public records from the petitioner without a good faith basis or plausible justification, they continued in a pattern of improperly denying and delaying the petitioner’s exercise of rights under the Open Records Act, and, while the commission was the entity that withheld the documents, it was merely a division of the city. City of Taylorsville Ethics Comm'n v. Trageser, 604 S.W.3d 305, 2020 Ky. App. LEXIS 73 (Ky. Ct. App. 2020). Link |
| Commonwealth v. Lexington H–L Servs., Inc. | 61.882 | Matter was remanded to the circuit court for a supplemental award of attorney’s fees and costs incurred on appeal; under KRS 61.882(5), upon a showing of a willful withholding, the reporters were entitled to any fees and costs incurred with the legal action, which would include fees and costs incurred in defending the judgment on appeal. Commonwealth v. Lexington H-L Servs., 382 S.W.3d 875, 2012 Ky. App. LEXIS 216 (Ky. Ct. App. 2012). Link |
| Hartz v. McClatchy Co. | 61.882 | Where the Legislative Research Commission (LRC) erred in denying an open records request regarding a complaint made by an LRC staffer against a representative, attorneys fees under statute were properly awarded. Hartz v. McClatchy Co., LLC, 643 S.W.3d 286, 2022 Ky. App. LEXIS 10 (Ky. Ct. App. 2022). Link |
| Sinha v. Univ. of Kentucky | 61.882 | Former medical resident student did not establish that a university’s initial decision to withhold records from her was done willfully, particularly when there was evidence that university officials were not aware that the other documents existed, and once they learned of the other records, they produced them to the student; also the student could not recover the requested attorney’s fees and costs. Shyamashree Sinha v. Univ. of Ky., 284 S.W.3d 159, 2008 Ky. App. LEXIS 375 (Ky. Ct. App. 2008). Link |
Disclaimer:
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.
The Sunshine Law Library is not exhaustive and may contain errors from source documents or the import process. Nothing on this website should be taken as legal advice. It is always best to consult with primary sources and appropriate counsel before taking any action.