Wednesday, August 28, 2013

Kentucky Supreme Court Will Not Be Reconsidering the Cinelli Rule


Kentucky Supreme Court Will Not Be Reconsidering the Cinelli Rule

       On October 23, 2012, I reviewed the decision of the Kentucky Court of Appeals in Spears v. Kentucky Insurance Agency, Inc., 2012 WL 4839015 (Ky. App. Oct. 12, 2012), wherein a highly fractured court (the three-judge panel issued three separate opinions) considered the application of Kentucky’s “all or nothing” rule as embodied in Cinelli v. Ward, 997 S.W.2d 474 (Ky. App. 1998).  Spears, who argued that a letter of intent was sufficient to create a binding contract, that position being rejected by the Court of Appeals, applied to the Kentucky Supreme Court for discretionary review.
        On August 21, the Kentucky Supreme Court denied discretionary review.  As such, the Cinelli Rule remains in place.

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