ARNOLD v. COM. EX REL. CHANDLER

No. 2001-SC-0288-TG.

62 S.W.3d 366 (2001)

Judy ARNOLD, et al., Appellants, v. COMMONWEALTH of Kentucky, ex rel., Attorney General, Albert CHANDLER III, Appellee/Plaintiff/Intervening Defendant, v. Phillip Morris, Inc., et al., Appellees/Defendants.

Supreme Court of Kentucky.

December 20, 2001.


Attorney(s) appearing for the Case

Mike Breen, Mike Breen Attorneys at Law, PSC, Casey Alan Hixson, Bratcher & Hixson LLP, Bowling Green, Counsel for Appellants.

William E. Johnson, Guthrie J. True, Richard M. Guarnieri, Johnson, Judy, True & Guarnieri, LLP, Frankfort, Counsel for Amicus Curiae, Linda Collins and Donna Ball.

Albert B. Chandler III, Attorney General of Kentucky, Scott White, Assistant Deputy Attorney General, D. Brent Irvin, Special Assistant Attorney General, Aileen Rose, Office of the Attorney General, Frankfort, Counsel for Appellee, Attorney General Albert Chandler III; Dennis Boyd, Commissioner of Dept. of Medicaid; Commonwealth, Cabinet for Health Services, Dept. of Medicaid Services; Jimmy D. Helton, Secretary of Cabinet for Health Services; and John P. McCarty, Secretary of the Kentucky Finance.

Charles S. Cassis, Kenneth J. Tuggle, Brown, Todd & Heyburn, Ian T. Ramsey, Frost Todd & Todd LLC, Louisville, Counsel for Appellees, Brown & Williamson, Etc. and R.J. Reynolds Tobacco Co.

Daryl William Durham, Melissa R. Metzger, Weber & Rose, PSC, Louisville, Counsel for Appellees, Ligett Group, Inc.

Edward H. Stopher, Richard V. Evans, Boehl, Stopher & Graves, Louisville, Counsel for Appellee, Lorillard Tobacco Company.

William D. Grubbs, David T. Schaefer, Woodward, Hobson & Fulton, LLP, Louisville, Counsel for Appellee, Phillip Morris, Inc.

John S. Reed, II, Ridley M. Sandridge, Jr., Reed, Weitkamp, Schell, Cox & Vice, Louisville, Counsel for Appellee, United States Tobacco Co.


LAMBERT, Chief Justice.

Sixteen months after entry of a final judgment reflecting settlement of litigation brought by the Commonwealth against a number of tobacco companies, Appellants moved to intervene for the purpose of asserting claims to the settlement proceeds. The trial court denied intervention as untimely and Appellants appealed. The issue before this Court is whether the trial court abused its discretion in denying intervention.

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