12 results for 'casenum:"30"'.
J. Wilson finds that the appellate division improperly dismissed a developer's claims seeking damages for breach of a redevelopment contract based on repudiation. The agreement to turn a single-room-occupancy hotel into a mixed-use residential/commercial building required that the site include some low-income housing, which was complicated by a subsequent court settlement mandating the addition of rent-stabilized units. Written notification stating the property owner could not agree to the latter as altering the parties' original contract supported allegations of anticipatory repudiation. Reversed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: April 25, 2024, Case #: 30, Categories: Damages, Contract
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
J. Greaves finds for the commissioner of internal revenue in this tax liability dispute because defendant failed to file individual tax returns or pay estimated taxes for the years in question.
Court: U.S. Tax Court, Judge: Greaves, Filed On: March 14, 2024, Case #: 2024-30, Categories: Tax
J. Virden finds the workers compensation commission properly awarded the prison mental health advisor a permanent anatomical impairment rating. The rating of 10% impairment was awarded for both the advisor's wrists for her compensable injury of carpel tunnel syndrome. Though the department argues there were no objective physical findings after surgery, there is still no requirement that medical testimony be based solely on objective findings. The record contains all necessary supporting findings. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: March 13, 2024, Case #: CV-23-30 , Categories: Evidence, Health Care, Workers' Compensation
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Per curiam, the appellate division finds that attorney Daniel Donahue may be reinstated from his September 2009 suspension for failing to meet registration requirements after demonstrating that he complied with the suspension order and that he possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-30-24, Categories: Attorney Discipline
J. Fasciale finds that the appellate division properly granted plaintiff workers' compensation stemming from injuries he sustained in a car collision while driving his truck to pickup supplies because plaintiff was acting in the course of his employment, and not merely commuting, when the accident occurred. Affirmed.
Court: New Jersey Supreme Court, Judge: Fasciale , Filed On: November 21, 2023, Case #: A-30-22, Categories: Workers' Compensation
J. Carluzzo finds that the taxpayers presented inadequate substantiation for many expenses. Therefore, the taxpayers are liable for the additions to tax and that the accuracy related penalty include both their negligence and their substantial understatement of income tax for the subject year.
Court: U.S. Tax Court, Judge: Carluzzo, Filed On: October 3, 2023, Case #: 2023-30, Categories: Tax
J. Chehardy finds that the trial court correctly revoked defendant's probation. Defendant properly pled guilty to third-offense DUI, and the sentence was properly imposed to the terms of his plea agreement. In this case, defendant did not comply with the requirements of drug court as part of his plea agreement, and his probation was revoked. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chehardy, Filed On: August 30, 2023, Case #: 23-KA-30, Categories: Probation, Dui, Plea
Per curiam, the circuit finds that the district court properly dismissed free speech claims concerning a local law that establishes "bubble zones" that prevent women seeking abortions from being disturbed as they approach or exit facilities in Westchester County. Precedent holds that such laws are constitutional because they are content neutral and serve safety interests by shielding people from unwanted communication. However, the court improperly held that plaintiff, a 64-year-old Catholic, lacked standing to sue because she demonstrated she faced a credible threat of prosecution if she were to become a "sidewalk counselor" who engages women outside clinics. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 23-30, Categories: Health Care, Municipal Law, First Amendment