8 results for 'casenum:"37"'.
J. Garcia finds that the appellate division properly dismissed employment discrimination, hostile work environment, and retaliatory termination claims an adjunct professor brought against the university, its administrators, and her colleagues. The district court found for defendants in the original federal claims, and the nearly identical state court action was barred by collateral estoppel. Affirmed.
Court: New York Court Of Appeals, Judge: Garcia, Filed On: April 25, 2024, Case #: 37, Categories: Civil Procedure, Employment Discrimination
J. Brennan reverses the dismissal of indictments against the defendant for attempted rape of a child, attempted indecent assault and battery on a child under 14 and attempted indecent assault and battery on a person 14 or older. Even though he didn’t touch his 13-year-old daughter, he instructed her to masturbate with him on the phone with her.
Court: Massachusetts Court Of Appeals, Judge: Brennan, Filed On: March 29, 2024, Case #: 23-P-37, Categories: Sex Offender, Assault, Child Victims
J. Lauber finds for the commissioner of internal revenue in collection due process claims concerning tax liability because settlement officers did not abuse their discretion in denying the taxpayer "currently not collectible" status.
Court: U.S. Tax Court, Judge: Lauber, Filed On: March 28, 2024, Case #: 2024-37, Categories: Tax
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J. Fasciale finds that the appellate division should have dismissed class claims contending a senior living facility misrepresented its refund policy for resident entrance fees because the allegations did not relate to misrepresentations about food served at the facility, and thus statute cited in the motion to dismiss did not apply. Reversed.
Court: New Jersey Supreme Court, Judge: Fasciale, Filed On: January 10, 2024, Case #: A-37-22, Categories: Fraud
J. Birchak grants the petitioner's request for a writ of mandate directing the Superior Court to vacate its order denying his motion to quash subpoenas for privileged and immaterial medical information after his sex offender conviction was expunged. The relevant penal code governing sex offender registration does not allow for unfettered investigation into privileged records based on speculation to support the prosecutor's opposition to a petition filed by a tier one offender who is not on probation.
Court: California Courts Of Appeal, Judge: Birchak , Filed On: June 1, 2023, Case #: 37-2022-00031761-CU-WM-CTL, Categories: Due Process, Privilege
J. Davis denies the chicken farm owner's motion for summary judgment on fraud counterclaims filed by the insurers, ruling that although it was open about its intent to upgrade the farm following a fire, this disclosure does not insulate it from allegations it included upgrade costs in its submissions for the insurance claims. Additionally, testimony from farm employees and fire damage evaluators supports the counterclaims, which are not based merely on a difference of opinion regarding the property damage; therefore, they must be submitted to a jury.
Court: North Carolina Business Court, Judge: Davis, Filed On: May 31, 2023, Case #: 2023 NCBC 37, Categories: Evidence, Fraud, Insurance