9 results for 'casenum:"26"'.
J. Garcia finds that the appellate division properly dismissed efforts by unionized lifeguards to enforce provisions in their union constitution that provide seasonal members the right to vote and run for office. Precedent does not apply to purportedly unlawful union conduct when joint and several monetary liability is not sought, but the union local reasonably attempted to interpret the relevant provisions of the constitution in limiting voting to full-time lifeguards. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: March 14, 2024, Case #: 26, Categories: Labor / Unions
J. Vasquez finds that a wife is entitled to innocent spouse relief in this tax deficiency dispute because the wife lacked knowledge of and did not participate in filing joint tax returns.
Court: U.S. Tax Court, Judge: Vasquez, Filed On: February 28, 2024, Case #: 2024-26, Categories: Tax
J. Petersen finds the court of appeals properly reversed the trial court's conviction of defendant for kidnapping and assaulting his ex-girlfriend. Defendant refused to provide the passcode to his phone after his arrest and the state argued his refusal undermined his defenses. Defendant had a Fifth Amendment right to refuse to provide his passcode, which the state violated when it used his refusal against him at trial. Affirmed.
Court: Utah Supreme Court, Judge: Petersen , Filed On: December 14, 2023, Case #: 2023 UT 26, Categories: Constitution, Evidence, Kidnapping
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J. Windhorst finds that the Office of Workers’ Compensation properly denied a worker's claim for disability benefits. In this case, the worker failed to show that he was disabled as a result of the work accident when part of a ceiling fell on his back while performing demolition and cleanup work because there was expert testimony that the worker could return to a low demand job immediately. Also, the worker testified that he had some jobs after his work-related injury. However, the $750 cap to a doctor's bill does not apply because the right to reimbursement for medical expenses and the right to compensation are separate and distinct. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Windhorst, Filed On: December 6, 2023, Case #: 23-CA-26, Categories: Evidence, Workers' Compensation
J. Weiler finds in favor of the commissioner in this collection due process action for a tax deficiency. The settlement officer did not abuse her discretion and the evidence supports the proposed levy.
Court: U.S. Tax Court, Judge: Weiler, Filed On: August 7, 2023, Case #: 2023-26, Categories: Government, Tax
J. Fasciale finds the appellate division improperly affirmed the decision by the parole board that the parolee reside at the residential treatment program following his sentence for drug offenses. Such residential treatment could be completed during incarceration, and the parolee had already fully complied with the legislatively imposed process for his release. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: August 3, 2023, Case #: A-26-22, Categories: Parole
J. Prata finds petitioner is entitled to the office of Chariho Regional School Committee member. However, petitioner Johnson cannot retain his membership on the school committee following his appointment to same by the council.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: July 18, 2023, Case #: 23-26, Categories: Agency