9 results for 'casenum:"43"'.
J. Hutchison reverses the Intermediate Court of Appeals' decision affirming the West Virginia Workers' Compensation Board of Review's finding that the deputy sheriff should be awarded 13% permanent partial disability for injuries to his back after lifting a bomb-detecting robot from the back of a truck. Based on evidence the deputy submitted showing he has a 25% whole person impairment with 12% apportioned impairment to a pre-existing condition, the ICA's judgment is contrary to the plain language of the statute that "requires both proof of a preexisting condition(s) and proof of 'a definitely ascertainable impairment resulting from' the preexisting condition for the disability to be apportioned.'" Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Hutchison, Filed On: April 22, 2024, Case #: 23-43, Categories: Employment, Government, Workers' Compensation
J. Gustafson finds for the commissioner of internal revenue in this tax liability dispute because plaintiffs were not entitled to a deduction for losses stemming from investments tied up in the Bernie Madoff Ponzi scheme since the value was not an asset held in the couple's account at the time of the theft.
Court: U.S. Tax Court, Judge: Gustafson, Filed On: April 15, 2024, Case #: 2024-43, Categories: Tax
J. Stanceu finds that the United States Department of Commerce (Commerce) improperly determined the subsidy duty on narrow woven ribbons with woven selvedge from China. A ribbon company contested Commerce findings, because it used adverse inferences to make its calculations because the Chinese government failed to cooperate with them. Commerce assigned a 10.54 percent subsidy rate because it believed the ribbon company benefited from the Export Buyer’s Credit Program (EBCP), and based its subsidy rate on a program for preferential lending to the Chinese coated paper industry, which it believes is similar to EBCP, but the record does not show sufficient evidence to support that decision. The matter is remanded to Commerce for further consideration.
Court: Court of International Trade, Judge: Stanceu, Filed On: April 10, 2024, Case #: 24-43, Categories: Commerce, Evidence
Per curiam, the appellate division finds that attorney Hanna Mary Renna, suspended last year for 90 days in Florida and then reciprocally in Michigan, should be censured. Renna admitted to altering a photo pack presented to a child witness in a criminal case, which led to misidentification. Since that was impermissible under Florida case law and would also establish misconduct under New York attorney rules, censure is appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-43-24, Categories: Attorney Discipline
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Per curiam, the court of appeals finds that one of two perjury convictions should be vacated as multiplicitous because the counts arose from grand jury testimony in which defendant explained how he came to possess a cellphone that led to his arrest for grand larceny.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: January 11, 2024, Case #: 43 SSM 10, Categories: Perjury
J. Cannataro finds that the appellate division properly held that a city could relinquish authority to collect delinquent taxes to its home county through enactment of a local law repealing its collections role. St. Lawrence County objected on grounds that it would be forced to pursue tax delinquents from the city of Ogdensburg and Ogdensburg school district, but the result was "simply a consequence" of the state legislature giving cities the ability to revoke tax foreclosure responsibilities. Affirmed.
Court: New York Court Of Appeals, Judge: Cannataro, Filed On: May 23, 2023, Case #: 43, Categories: Municipal Law, Tax