10 results for 'casenum:"42"'.
J. Rivera finds that the appellate division improperly granted defendant a writ of error coram nobis on grounds that appellate counsel failed to seek direct appeal concerning defendant's abrupt removal from the courtroom while the verdict was being announced. No "practical opportunity" arose to provide warnings about removal in light of disruptive behavior exhibited by defendant, a teenager convicted of attempted murder, and a claim alleging rights violation would have lacked merit. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 23, 2024, Case #: 42, Categories: Ineffective Assistance
[Consolidated.] J. Nega finds for the commissioner of internal revenue in this tax liability complaint because settlement proceeds received by the taxpayers in underlying litigation are taxable.
Court: U.S. Tax Court, Judge: Nega, Filed On: April 10, 2024, Case #: 2024-42, Categories: Settlements, Tax
J. Restani grants in part a company’s motion for summary judgment in this matter concerning the import of bound paper notebooks with calendars. While the United States Customs and Border Patrol classified them as “other” paper products, which carries a duty of 25 percent, the company argues they should be classified as calendars, which are duty-free; the instant courts find that both are incorrect, that they should be classified as “diaries,” which come with a duty rate of 25 percent.
Court: Court of International Trade, Judge: Restani, Filed On: April 10, 2024, Case #: 24-42, Categories: Commerce
J. Kiley finds a lower court improperly awarded a former caregiver worker unemployment benefits after the death of a client. The former client's care giver argued that she was entitled to benefits based on claims that she did not quit or was discharged. However, neither party had the opportunity in court to resolve whether or not she was an actual employee after the ALJ interrupted her in the proceedings. Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Kiley, Filed On: March 19, 2024, Case #: 1 CA-UB 22-42, Categories: Employment, Evidence, Health Care
Per curiam, the appellate division finds that a request from suspended attorney Jerry Ray Hamling to reargue discipline taken against him and for leave to appeal to the state's high court is denied. No matters of fact or law were overlooked in suspending Hamling for two years in December 2023 following his guilty plea to falsifying business records as owner of a payroll-processing firm in Michigan, and no basis was established to appeal the suspension to the New York Court of Appeals.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-42-24, Categories: Attorney Discipline
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J. Prata affirms a lower court ruling in favor a hospital and against the estate of a gastroenterologist, finding the trial court properly dismissed the doctor’s state law whistleblower allegations against his supervisor for financial misconduct and inappropriate relations with the facility’s head endoscopy nurse. The doctor’s "arguments distort the evidence in a retrospective attempt to mold the facts" into a state law whistleblower protection claim. Affirmed.
Court: Rhode Island Supreme Court, Judge: Prata, Filed On: January 16, 2024, Case #: 22-42, Categories: Evidence, Health Care, Whistleblowers
J. Wood finds the county court improperly certified this class action arising upon the medical group’s alleged violation of the Patient Right-To-Know Act by its failure to provide the terminated doctor with a list of his patients, or to inform the patients of the doctor’s new location. The predominance prerequisite was not satisfied. Being that not all of the doctor’s patients were affected, the court would have had to have made individual inquiries to determine whether the group failed to respond to any one patient’s request or if it misled patients. This was not done. Reversed and remanded.
Court: Arkansas Supreme Court, Judge: Wood, Filed On: October 26, 2023, Case #: CV-23-42, Categories: Civil Rights, Health Care, Class Action
J. Waples finds the trial court properly entered judgment in this dispute over the partition of jointly-owned property. The property could not be divided as proposed by the individual without causing "great inconvenience" to the other owner. Thus, the fair solution was to assign the property to the other owner and have him pay the individual for his share of the property. Affirmed.
Court: Vermont Supreme Court, Judge: Waples, Filed On: August 18, 2023, Case #: 23-AP-42, Categories: Property, Real Estate
J. Arthur partially reverses the denial of a petition for post-conviction relief in an attempted murder case because defendant made a valid claim that he may use a subpoena to demand the state provide Brady material and internal affairs files for a police officer who testified against him. Because the state was obligated to produce the information demanded by defendant during his criminal trial, he is allowed the subpoena. Reversed in part.
Court: The Appellate Court of Maryland, Judge: Arthur, Filed On: July 26, 2023, Case #: 111025040-42, Categories: Evidence, Firearms, Discovery
J. Rivera finds that the appellate division improperly held that defendant's right to a public trial had not been violated when court officers kept spectators waiting outside during defendant's trial on murder charges because staff implementation of a standing policy that barred entry or exit during witness testimony caused the holdup, and even if the judge was not directly involved, he adopted the policy and delegated its implementation, causing unjustified exclusion. Thus, a new trial is necessary. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: May 23, 2023, Case #: 42, Categories: Constitution