196 results for 'filedAt:"2023-11-08"'.
J. Armstead finds that the circuit court erred in affirming the grievance board’s decision restoring two separate bus routes an employee drove for the board of education. The bus driver, who worked for the district since 1980, complained after the board determined a second vocational bus route was improperly awarded to her via contract in 1985. The vocational route contract was illegal because it conflicted with the driver’s primary route contract, which was never modified to account for a change in destinations or an overlapping schedule. The circuit court erred by accepting the grievance and concluding the board had no duty to correct the mistake, in spite of its significance. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: November 8, 2023, Case #: 22-234, Categories: Education, Employment, Contract
J. Lasnik grants the mortgage lender's motion for attorney fees and sanctions against the homeowner and his counsel, who brought a lawsuit alleging that the mortgage lender and others wrongfully conducted a 2021 non-judicial foreclosure sale and used the subsequent surplus funds for improper purposes. Because the homeowner and his counsel did not show that something went wrong during the foreclosure that would make judicial remedies available and made no attempt to prove the homeowner's claims, they are jointly and severally liable for $15,300 in reasonable attorney fees.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: November 8, 2023, Case #: 2:23cv223, NOS: Constitutionality of State Statutes - Other Suits, Categories: Sanctions, Foreclosure, Attorney Fees
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J. Walker answers the certified question from the Kanawha County Circuit Court, "Whether parties who are dismissed from an action brought under the Medical Professional Liability Act (MPLA), but who did not settle their claims with the plaintiff may be considered by the jury in apportioning fault under West Virginia Code § 55-7B-9(b) (2016)?" The judge reformulates the question "whether a healthcare provider who was named in the complaint but voluntarily dismissed as a party is an 'alleged party' for purposes of West Virginia Code § 55-7B-9(b)?" and answers in the affirmative.
Court: West Virginia Supreme Court Of Appeals, Judge: Walker, Filed On: November 8, 2023, Case #: 22-567, Categories: Civil Procedure, Health Care, Medical Malpractice
[Consolidated.] J. Wicker finds that the trial court properly ordered employees to repay their employer for payroll advances. The owner of the company testified that when the company temporarily stopped work at a plant, she held a meeting with the employees and told them that the company would continue to pay their salaries, but they would have to repay the amounts over time when the company was operational again. The employer submitted documents listing the employee’s actual hours worked, vacation hours used, advanced hours, and deductions for insurance, which were signed by each employee under the provision, "I agree to repayment of advanced hours/insurance as stated." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: November 8, 2023, Case #: 23-CA-74, Categories: Employment, Contract
J. Buller finds that the lower court improperly declined to quiet title in a property dispute between neighbors because credibility findings were based on an affidavit not admitted into evidence. Reversed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 22-1651, Categories: Property
J. DeVore rejects reconsideration of an order of the Appellate Commissioner dismissing petitioner’s appeal for lack of jurisdiction. “Plaintiff had provided the trial court with no basis upon which to excuse plaintiff’s failure to pay the fee or to justify the court’s exercise of discretion to order relation back.” Rejected.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: November 8, 2023, Case #: A167525, Categories: Jurisdiction
J. Greer finds that defendant was properly convicted of DUI, second offense, since the circumstances of defendant's motorcycle crash and eyewitness statements supported issuing a search warrant for a sample of defendant's blood. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 8, 2023, Case #: 22-1764, Categories: Evidence, Search, Dui
J. Tabor finds that a father's parental rights were properly terminated since he assaulted the mother and had been in and out of jail, and he maintained sparse contact with his child. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: November 8, 2023, Case #: 22-1915, Categories: Family Law
J. Badding finds that defendant was properly convicted of child endangerment and drug offenses. Defendant contends she was not aware of the presence of drug paraphernalia in the hotel room in which she and her children resided, but such had been in plain and open view when police arrived at the scene. Affirmed.
Court: Iowa Court Of Appeals, Judge: Badding, Filed On: November 8, 2023, Case #: 22-0948, Categories: Drug Offender, Evidence