Geoffrey M. Young v. Morgan McGarvey
Whether Kentucky state and federal courts can dismiss civil complaints before discovery without applying the Twombly standard of review
1. Should this Court allow Kentucky's state courts and federal district courts to dismiss meritorious civil complaints before discovery "for failure to state a claim upon which relief can be granted" without ever applying the standard of review this Court established in Bell Atl. Corp. v. Twombly, 550 US 544, 555-56 (2007)? 2. Does any trial court in Kentucky have the discretion or power to change the wording of a dulyenacted statute for any reason? 3. Does the Supreme Court of Kentucky have the authority to violate Kentucky's ballot challenge law, Kentucky Revised Statute (KRS) 118.176, by seizing jurisdiction over a ballot challenge case even though the statute clearly and expressly prohibits it? Section (4) of the statute states, "...and the order of the Court of Appeals or judge thereof shall be final." 4. Does the Kentucky Court of Appeals have the authority to add language to KRS 118.176(4) that gives the movant or respondent two different ways to appeal the circuit court's ruling when the statute provides for only one way to appeal: filing a "motion to set aside"? iii LIST OF PROCEEDINGS 1) Jefferson Circuit Court, Division 5, No. 24-CI2968, Geoffrey M. Young v. Morgan McGarvey 2) Kentucky Court of Appeals, No. 2024-CA-0910, Geoffrey M. Young v. Morgan McGarvey 3) Supreme Court of Kentucky, No. 2024-SC-0462, Geoffrey M. Young v. Morgan McGarvey