28 results for 'casenum:"15"'.
J. Davies finds a lower court improperly ruled in favor of a property owner on nuisance claims against a local borough. The property owner argued that the local borough failed to prevent Japanese knotweed from infiltrating on his land. However, the local bureau sufficiently showed in court that the Japanese knotweed was present before the property owner acquired the acreage.
Court: Supreme Court of the United Kingdom, Judge: Stephens , Filed On: May 8, 2024, Case #: 2024-UKSC-15, Categories: Property, Damages
J. Swan finds the superior court properly affirmed a magistrate's decision ordering the homeowner to pay $1,706 to the contractor for work he did remodeling her kitchen. The record shows that both the homeowner and the contractor breached the parties' work contract, so the magistrate properly apportioned liability between both of them, and the homeowner's appeals based on the magistrate shifting the burden of proof to her, disallowing her from calling witnesses, and awarding the contractor damages for her failure to pay him for electrical work all fail.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: March 26, 2024, Case #: 2024 VI 15, Categories: Damages, Contract
J. Hood finds a magistrate judge's probable cause hearing is a final order subject to appeal by a criminal defendant. Once a decision is made on whether to bind a case over to criminal court, the magistrate cannot rehear any issue and, therefore, has fully resolved the case. The decision does not become appealable until the magistrate memorializes it in writing; therefore, defendant's appeal was timely filed within 21 days of the written opinion.
Court: Colorado Supreme Court, Judge: Hood, Filed On: March 25, 2024, Case #: 2024 CO 15, Categories: Criminal Procedure, Judiciary
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[Consolidated.] J. Troutman finds that the appellate division improperly affirmed granting late notices of claim against the City of New York by two men who separately alleged harm through a jailhouse beating and malicious prosecution. In neither case did the man provide sufficient sworn evidence of intentional tort, nor was any court inquiry made into whether the city had independent knowledge of purported employee conduct that led to the claims. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: March 21, 2024, Case #: 15, Categories: Civil Procedure, Tort
J. Robinson finds that the district court properly dismissed discrimination claims against a Pfizer fellowship program designed to increase minority employment for excluding white and Asian-American student applicants. In seeking a preliminary injunction, plaintiff failed to identify a member who had been injured by the program by name rather than pseudonym. Affirmed.
Court: 2nd Circuit, Judge: Robinson, Filed On: March 6, 2024, Case #: 23-15-cv, Categories: Civil Rights, Jurisdiction
Per curiam, the circuit grants, in part, 16 states’ and a group of industries’ petition for review of the Environmental Protection Agency's demand the states revise their state implementation plans under the Clean Air Act. They have sufficiently supported their claims the state implementation plan-call order must be vacated based on automatic exemptions, director's discretion provisions and affirmative defenses that are functionally exemptions.
Court: DC Circuit, Judge: Per curiam, Filed On: March 1, 2024, Case #: 15-1239 , Categories: Administrative Law, Environment
J. Kelly finds the United States Department of Commerce (Commerce) properly used a method of simple averaging to aid in the calculation of the antidumping duty on certain steel nails from Taiwan. While the lower court found that academic literature indicates using a weighted average, Commerce adequately explained that when considering two full populations, it found simple averaging to be the proper methodology. The instant court finds Commerce’s explanation reasonable and sustains its determination.
Court: Court of International Trade, Judge: Kelly, Filed On: February 12, 2024, Case #: 24-15, Categories: Commerce
J. Buch finds for the commissioner of internal revenue in this tax liability dispute because the taxpayer failed to demonstrate the commissioner erroneously recast the financial transaction as an asset sale followed by a liquidating distribution.
Court: U.S. Tax Court, Judge: Buch, Filed On: February 5, 2024, Case #: 2024-15, Categories: Tax
J. Carbullido finds the lower court improperly denied defendant full access to a DNA expert in his sexual assault case, leaving him unable to present a complete defense and was eventually convicted. The trial court did not approve an expert for defendant until only days before the beginning of the trial, preventing him from fully investigating the DNA recovered from the victim and a towel at the scene. Vacated.
Court: Guam Supreme Court, Judge: Carbullido, Filed On: December 14, 2023, Case #: CRA21-15, Categories: Dna, Experts, Child Victims
J. Molaison finds that the trial court properly granted the executor of the decedent's estate's peremptory exception of no cause of action as to heirs' petition to annul judgment obtained by fraud. The heirs claimed that the executor had breached a fiduciary duty to carry out the terms of the decedent's will "in purposely ignoring the wishes of the Decedent and allowing the succession proceeding to lay dormant until such time as he could seek dismissal of the April 8, 2005 Codicil, therefore, directly benefitting himself as one of the heirs of the Decedent.” The heirs' claim does not state facts sufficient to state a cause of action for nullity based on fraud or ill practices. However, the heirs should be given the opportunity to amend their petition to state a cause of action. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: December 6, 2023, Case #: 23-CA-15, Categories: Wills / Probate, Contract
J. Brobson finds that the lower court improperly preliminarily enjoined the Pennsylvania Department of Transportation from proceeding with any action for the debarment of the suing contractor as a prequalified bidder on PennDOT construction contracts based upon criminal charges filed against the contractor. The court failed to exercise equitable jurisdiction to award the contractor preliminary injunctive relief in this matter. Reversed.
Court: Pennsylvania Supreme Court, Judge: Brobson, Filed On: November 24, 2023, Case #: J-15-2023, Categories: Government, Jurisdiction, Contract
J. Lettow confirms the parties' agreed upon claim construction related to patents for security monitoring systems used in airports and other locations considered to be secure by the government.
Court: Court of Federal Claims, Judge: Lettow, Filed On: October 4, 2023, Case #: 15-501C, Categories: Patent
J. Hudson finds that the trial court properly convicted defendant for murder. Any cumulative effect of errors did not deprive defendant of a fair trial. The charge of concealing stolen property is dismissed due to insufficient evidence. The sentence for meth possession is modified from 10 years in prison to 5 years. Affirmed in part.
Court: Oklahoma Courts Of Appeal, Judge: Hudson , Filed On: September 21, 2023, Case #: 2023 OK CR 15, Categories: Murder, Sentencing, Weapons
J. Green affirms the determination that a university failed to provide its former employee with appropriate accommodations by refusing to excuse her from working overtime even after her doctor informed the university that she could not do so based on her rheumatoid arthritis and interstitial lung disease. The university argues that working overtime is an essential part of its nurses' roles but over five percent of its nurses do not work overtime at all and there are others additionally who perform three hours or less of overtime work annually.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: September 21, 2023, Case #: 22-P-15, Categories: Ada / Rehabilitation Act, Employment, Employment Discrimination
[Consolidated.] Per curiam, the circuit declines to recall a mandate dismissing claims brought against the Palestine Liberation Organization and the Palestinian Authority concerning U.S. citizens injured or killed in terrorist attacks in Israel. Jurisdiction was lacking, and new statute violated due process by attempting to establish "deemed consent" if either organization made payments to terrorists following any deadly attack.
Court: 2nd Circuit, Judge: Per curiam, Filed On: September 8, 2023, Case #: 15-3135-cv (L), Categories: Terrorism, Due Process, Jurisdiction
J. Murguia denies an immigrant's petition for review of an immigration judge’s decision upholding an asylum officer’s negative reasonable fear determination following the reinstatement of a prior order of removal. The matter involves a Mexican immigrant who reentered the United States without inspection in 2003. The determination was reasonable and the immigrant's petition was denied on the merits.
Court: 9th Circuit, Judge: Murguia, Filed On: September 8, 2023, Case #: 15-72821, Categories: Immigration
J. Eaves agrees with a hearing judge's determination that an attorney representing a woman who allegedly robbed a 7-11 should be suspended for at least six months for making false statements and undermining several judges' reputations. He had gone against a court order of no contact between the suspect and victim and met with both women to see if the cashier would say the suspect wasn't the robber based on physical appearance. Even though the cashier never confirmed this, the attorney argued that she had. Based on this lie, a judge struck the attorney's appearance and the suspect retained new counsel. The attorney continued to show up in the courtroom to represent the suspect, arguing said judge had no authority to strike him. Following the trial, the attorney made public statements that put the integrity of several judges into question, undermining their reputations. The attorney is indefinitely suspended but may apply for reinstatement after six months. Affirmed.
Court: Supreme Court of Maryland, Judge: Eaves, Filed On: August 31, 2023, Case #: C-15-CV-22-001132, Categories: Sanctions, Attorney Discipline
J. Inos finds the lower court properly dismissed the department’s case against a now-deceased homeowner for his occupation of public land after they failed to take any action on the case or the homeowner’s application for a homestead waiver for over 20 years. The extensive delay along with the department’s false argument that the public land can be acquired through adverse possession favors dismissal. Affirmed.
Court: Northern Mariana Islands Supreme Court, Judge: Inos, Filed On: August 11, 2023, Case #: 2022-SCC-15, Categories: Government, Property
J. Gould agrees with a hearing judge’s findings that an attorney whose actions represented a conflict of interest in an estate battle should be indefinitely suspended. The attorney denies any conflict of interest or the fact that he represented either party. However, the attorney, who is not admitted to practice law in Maryland, represented an elderly widow at the same time the widow’s daughter-in-law, whom he also represented, was trying to appropriate the widow’s estate. Affirmed.
Court: Supreme Court of Maryland, Judge: Gould, Filed On: July 10, 2023, Case #: C-15-CV-21-000332, Categories: Sanctions, Attorney Discipline
J. Berzon finds that the district court properly dismissed claims alleging that a class of individuals were victims of human rights abuses committed by the Chinese Communist Party and Chinese government officials and that these abuses were enabled by technological assistance of U.S. corporation Cisco Systems and two Cisco executives. The district court dismissed the class claims under the Alien Tort Statute on the ground that class members did not meet the standard for aiding and abetting liability under international customary law. Affirmed.
Court: 9th Circuit, Judge: Berzon, Filed On: July 7, 2023, Case #: 15-16909, Categories: Civil Rights, Class Action