63 results for 'cat:"Civil Procedure" AND cat:"Government"'.
J. Todd finds that the lower court properly found that Philadelphia did not unconstitutionally discriminate against interstate commerce by subjecting a Philadelphia resident who worked exclusively out of state to its wage tax. Philadelphia’s tax scheme is both internally and externally consistent and is not discriminatory against interstate commerce. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: November 24, 2023, Case #: J-5A-B-2023, Categories: civil Procedure, government, Tax
J. Byrne finds that the district court properly ruled to expunge a citizen's record of being arrested for possession of marijuana. The possession of marijuana charge did not result in a final conviction. Because the limitations period has run out on the offense, it can be concluded that the citizen satisfied the expunction statute and is entitled to having the offense removed from their record. Affirmed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: November 16, 2023, Case #: 03-21-00577-CV, Categories: civil Procedure, government
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J. Lazarus finds that the lower court did not abuse its discretion in finding a youth services agency displayed a lack of reasonable efforts to remove two minor children from their family home, leading to conditions deteriorating and culminating in the death of the infant sibling. The juvenile court’s decision is supported by competent evidence of record that during the four months the agency was involved with this family, it failed to follow its own policies and failed to adequately assess the family’s needs. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 26, 2023, Case #: J-A18030-23, Categories: civil Procedure, government, Guardianship
J. Henderson finds the lower court erroneously granted the surgeon's motion for summary judgment. He failed to provide evidence his employer had sufficient daily interaction with the state government to render him a state actor under the New Mexico Tort Claims Act. Meanwhile, the claims against the doctor who interpreted the patient's CT scans were properly dismissed for lack of service after the patient failed to explain a 2-year delay between the filing of his complaint and service on the doctor. Reversed in part.
Court: New Mexico Court of Appeals, Judge: Henderson, Filed On: October 26, 2023, Case #: A-1-CA-39628, Categories: civil Procedure, government, Medical Malpractice
J. Copenhaver grants the government's motion to dismiss the insurance company's petition under Rule 6(e) of Federal Rules of Criminal Procedure to disclose the grand jury transcripts in the criminal case against the company's former bookkeeper convicted in 2021 for embezzlement. The company sought the disclosure of the documents to aid its defense of not only an action by the Internal Revenue Service for unpaid taxes, but also a civil suit in state court by an amusement company that also was victimized by the former bookkeeper. The company has not provided specifics on how release of the transcripts could "potentially" benefit it in its defense of the amusement company's civil suit.
Court: USDC Southern District of West Virginia, Judge: Copenhaver, Filed On: October 26, 2023, Case #: 2:23mc128, NOS: Miscellaneous Cases - Other Suits, Categories: civil Procedure, government, Business Practices
J. Marquez finds the political subdivision doctrine used to determine whether a subsidiary of a government agency has standing to sue the agency will be abandoned in future cases, given that it created needless confusion and had significant overlap with the standard test used by courts to qualify a party's standing to file suit. Meanwhile, the lower court in this case properly dismissed the school district's lawsuit even in the absence of the subdivision doctrine because none of the State Board of Education's actions during its investigation of the district's leadership hindered its ability to serve its students or qualified as a concrete injury. Affirmed.
Court: Colorado Supreme Court, Judge: Marquez, Filed On: October 16, 2023, Case #: 2023CO52, Categories: civil Procedure, Education, government
Per curiam, the Supreme Court of Ohio finds the Secretary of State and board of elections improperly denied the individuals' request for a writ of mandamus to remove the "drag show" ban from the November 2023 ballot. The circulators of the ballot issue altered both the title and bill after they collected signatures to put the issue on the ballot. The ultimate language of the ballot issue did not match that of the petition signed by the electors, which invalidates the signatures and prevents placement of the issue on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: October 8, 2023, Case #: 2023-Ohio-3667, Categories: civil Procedure, Elections, government
J. Fleming grants the city's motion to dismiss, ruling the property owners' constitutional claims are time-barred. While the owners' harm may have continued throughout the duration of the construction project, they were not prevented from bringing their takings and nuisance claims immediately after the project was started.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: September 29, 2023, Case #: 1:22cv2014, NOS: Torts to Land - Real Property, Categories: civil Procedure, government, Property
Per curiam, the court of appeals finds when the trial court allowed the property owner to amend his complaint to include an affirmative defense to the park board's right to appropriate his property, it was required to make factual findings and determine whether the appropriation was necessary under Ohio law. Therefore, its judgments will be vacated and the case will be remanded for further proceedings.
Court: Ohio Court Of Appeals, Judge: Per curiam, Filed On: September 25, 2023, Case #: 2023-Ohio-3426, Categories: civil Procedure, government, Property
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel placement of her name on the November 2023 ballot for Galion City Council, ruling the board of elections properly invalidated an entire part-petition for a single forged signature because the evidence in the record established a woman signed for both herself and her husband in the presence of the candidate, which allowed the board to infer fraud.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 22, 2023, Case #: 2023-Ohio-3378, Categories: civil Procedure, Elections, government
Per curiam, the Supreme Court of Ohio denies the petitioner's request for a writ of mandamus to compel the board of elections to remove certain candidates from the November 2023 ballot, ruling that because the territory of the Cleveland Municipal Court extends beyond the city's corporate limits, the city charter does not govern nomination requirements. Certain Ohio laws establish the number of signatures required, and because the candidates for judge and clerk met those requirements, they were properly placed on the ballot.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 21, 2023, Case #: 2023-Ohio-3377, Categories: civil Procedure, Elections, government
J. Garcia grants the government's motion to dismiss, ruling the estate's failure to include the decedent's minor children and loss of consortium claims in its administrative notice form deprives this court of jurisdiction over those claims. Meanwhile, the government is entitled to summary judgment on the Federal Tort Claims Act negligence claim because the estate failed to effect service by the required deadline, which deprived the government of notice regarding the first complaint.
Court: USDC New Mexico, Judge: Garcia, Filed On: September 11, 2023, Case #: 1:21cv211, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, government, Wrongful Death
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against a charitable organization in a tax exemption suit it filed against the Harris County Appraisal District. The charity filed its petition for review after the court of appeals ruled that it was not entitled to an exemption because it did not timely file its application. Due to a similar tax exemption case the charity is involved in pending before the trial court, the court of appeals should have withheld from ruling on the case. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: September 1, 2023, Case #: 21-1117, Categories: civil Procedure, government, Tax
J. Sutton finds the IRS's issue of a tax refund check ended the lawsuit brought by the cryptocurrency producer and, therefore, the lower court properly dismissed the case as moot. The check was not an offer by the government that could have been rescinded or modified and, in fact, the IRS gave the cryptocurrency producer exactly the amount he requested in his lawsuit, plus interest. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: August 18, 2023, Case #: 22-6023, Categories: civil Procedure, government, Tax
J. Means finds Texas and other states lack standing to challenge the government’s denial of their rulemaking petition pertaining to definitions of what constitutes a public health emergency, in which the states argue the Department of Health and Human Services has handed over the country’s sovereignty to the World Health Organization. The states fail to show an injury in fact and, therefore, lack standing.
Court: USDC Northern District of Texas , Judge: Means, Filed On: August 18, 2023, Case #: 4:23cv66, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: civil Procedure, Constitution, government
[Consolidated.] J. White finds the lower court improperly dismissed the homeowners' claims against the federal government for its response to the 2016 Great Smoky Mountains forest fire. Although their notification forms to the Department of the Interior did not specifically mention "failure to act" as their primary cause of action, the presentment requirement of the Federal Tort Claims Act requires only written notification of the incident and a claim for money damages, both of which were included on the form. Reversed.
Court: 6th Circuit, Judge: White, Filed On: August 17, 2023, Case #: 22-5492, Categories: civil Procedure, government, Tort
J. Smith finds the lower court properly overturned the council member's removal from the city council because the council's failure to request prosecution of the removal by the county prosecutor rendered the removal a nullity. Language in the city charter requires any action undertaken by the council be by ordinance or resolution, neither of which happened in this instance. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: August 7, 2023, Case #: 2023-Ohio-2844, Categories: civil Procedure, government
J. Herrera denies a motion to “exclude the administrative record or to proceed de novo” filed by two former employees of the New Mexico Department of Health after they both “encountered difficulties” obtaining administrative records relevant to their employment suit. Instead, this court will issue notices clarifying the former employees have “timely filed notices of appeal,” which the employees should then be able to use to obtain records from the State Personnel Office’s Adjudication Division without the need for a “more extraordinary remedy.”
Court: USDC New Mexico, Judge: Herrera, Filed On: August 3, 2023, Case #: 1:21cv1129, NOS: Family and Medical Leave Act - Labor, Categories: civil Procedure, Employment, government
J. Albright denies a company’s motion to stay a case after it was sued by a competitor for alleged infringement of several patents because while the U.S. Patent Trial and Appeal Board is currently conducting reviews regarding these patents, staying the case would nonetheless unfairly prejudice the competitor, including because there could be a “loss of testimonial and documentary evidence” necessary for the competitor’s case as “witnesses become unavailable and memories fade.”
Court: USDC Western District of Texas , Judge: Albright, Filed On: August 1, 2023, Case #: 6:21cv844, NOS: Patent - Property Rights, Categories: civil Procedure, government, Patent
J. Long affirms a lower court ruling in favor of a city tax assessor and against a limited liability corporation. The lower court correctly held that a three-month statute of limitations barred the LLC’s challenge to the tax official’s assessment of its property taxes.
Court: Rhode Island Supreme Court, Judge: Long, Filed On: June 22, 2023, Case #: 21-38, Categories: civil Procedure, government, Tax
J. Brown finds that the trial court properly held that the sheriff had the right to appoint a legal deputy the county could not reject in the county's action seeking to prevent the sheriff from spending money from the commissary fund throughout a state investigation. Checks issued from the fund were not improper, but the ruling does not pertain to criminal actions the sheriff may have taken. Affirmed.
Court: Indiana Court Of Appeals, Judge: Brown, Filed On: June 14, 2023, Case #: 22A-PL-2640, Categories: civil Procedure, government