KY. EMPLOYEES RET. v. SEVEN COUNTIES SVCS.

2018-SC-000461-CL.

580 S.W.3d 530 (2019)

In re: KENTUCKY EMPLOYEES RETIREMENT SYSTEM and Board of Trustees of Kentucky Retirement Systems v. SEVEN COUNTIES SERVICES, INC.

Supreme Court of Kentucky.

August 29, 2019.


Attorney(s) appearing for the Case

COUNSEL FOR KENTUCKY EMPLOYEES RETIREMENT SYSTEM AND BOARD OF TRUSTEES OF KENTUCKY RETIREMENT SYSTEMS: Mark C. Blackwell , Katherine I. Rupinen , Joseph Patrick Bowman , KENTUCKY RETIREMENT SYSTEMS, Daniel R. Swetnam , Victoria E. Powers , Tyson A. Crist , ICE MILLER LLP.

COUNSEL FOR SEVEN COUNTIES SERVICES, INC.: David Marcus Cantor , Louisville, SEILLER WATERMAN LLC, Paul Joseph Hershberg , Louisville, PAUL HERSHBERG LAW, PLLC, G. Eric Brunstad, Jr. , DECHERT LLP.

COUNSEL FOR AMICUS CURIAE, COMMUNITY CARE AND DEVELOPMENT MANAGEMENT, INC.: Douglas L. McSwain , Courtney Ross Samford , Thomas Travis , WYATT, TARRANT & COMBS, LLP, Lexington.

COUNSEL FOR AMICUS CURIAE, THE COMMONWEALTH OF KENTUCKY, EX REL. MATTHEW G. BEVIN, GOVERNOR: Mark Stephen Pitt , Stephen Chad Meredith , Matthew Kuhn , OFFICE OF THE GOVERNOR.

COUNSEL FOR AMICUS CURIAE, ROBERT STIVERS, PRESIDENT OF THE SENATE; DAVID OSBORNE, SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES; MORGAN McGARVEY, SENATE MINORITY FLOOR LEADER; AND ROCKY ADKINS, HOUSE OF REPRESENTATIVES MINORITY FLOOR LEADER: David E. Fleenor , General Counsel, OFFICE OF THE SENATE PRESIDENT, R. Vaughn Murphy , Deputy General Counsel, OFFICE OF THE SENATE PRESIDENT, Rebecca Rudd Barnes , OFFICE OF THE SENATE MINORITY FLOOR LEADER, Joanna Poole Decker , OFFICE OF THE HOUSE MINORITY FLOOR LEADER, Tyler Peavler , OFFICE OF THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, Deborah S. Hunt , Clerk of Court, UNITED STATES COURT OF APPEALS, SIXTH CIRCUIT.


By order entered November 1, 2018, this Court granted the United States Court of Appeals for the Sixth Circuit's request for certification of law on the following issue:

Whether Seven Counties Services, Inc.'s participation as a department in and its contributions to the Kentucky Employees Retirement...

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