7 results for 'cat:"Administrative Law" AND cat:"Evidence"'.
J. Cradle finds the Commissioner of Motor Vehicles properly found the towing company levied excessive charges against a customer and ordered it to pay restitution. It not only failed to abide by statutory hourly rates for emergency recovery services, but did not provide any explanation for certain charges and failed to keep adequate records. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: May 10, 2024, Case #: AC45605, Categories: administrative Law, evidence, Vehicle
J. Darrow grants a group of estate administrators, police departments, and City of Peoria's motion for summary judgment concerning a deceased former inmate who's conviction was vacated for new evidence. The group sufficiently showed in court that the deceased former inmate's estate administrator agreed to a binding settlement in 1973, which precludes new claims against them.
Court: USDC Central District of Illinois, Judge: Darrow, Filed On: March 27, 2024, Case #: 1:18cv1161, NOS: Other Civil Rights - Civil Rights, Categories: administrative Law, evidence
J. Webb finds the circuit court improperly entered declaratory judgment in favor of the ballot-question committee saying that the emergency clause in the public-school reform “LEARNS Act” did not receive a separate roll-call vote, rendering it procedurally invalid. The circuit court ignored the record and relied on parol evidence of video recordings of proceedings to find that the General Assembly’s process is constitutionally infirm. The journals are the official record, and it was erroneous for the court to look to parol evidence. The constitution supports the adoption of the Act, and the validity of internal legislative procedures or whether it presents a political question need not be reviewed. Reversed and dismissed.
Court: Arkansas Supreme Court, Judge: Webb, Filed On: October 12, 2023, Case #: CV-23-468, Categories: administrative Law, Constitution, evidence
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J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: administrative Law, Education, evidence
J. Spain finds that the trial court improperly reversed the decision of the civil service commission that upheld the suspension of a fire department district chief stemming from alleged misconduct during a public-relations event with pro basketball players. The district chief allegedly witnessed a player driving a fire station high-water vehicle with the lights and siren turned on. There was substantial evidence that the district chief did not report the violations. Reversed.
Court: Texas Courts of Appeals, Judge: Spain, Filed On: May 23, 2023, Case #: 14-21-00570-CV, Categories: administrative Law, Employment, evidence