Mehr Fairbanks Trial Lawyers recently received two favorable orders from Judge Shepherd and Judge Wingate of Franklin Circuit Court. Pursuant to these opinions, employees of the University of Kentucky (“UK”) have a constitutional right to sue UK regarding entitlement to long-term disability benefits. UK previously set up a trust, administered by a Trustee, which will pay entitled employees long-term disability benefits in the event that they should become disabled. Pursuant to the Franklin Circuit Court’s orders, UK employees may now sue UK under Section 2 of the Kentucky Constitution. With these orders, UK employees will now have a remedy and won’t be denied a judicial review because of sovereign immunity: UK employees can seek judicial review of UK’s administrative decision under an arbitrary and capricious standard.
UK is currently appealing these decisions.