14 results for 'casenum:"46"'.
J. Halligan finds that the appellate division should have upheld the finding that a workplace assault committed by an armed intruder caused a compensable injury to a first-year hospital resident because the lack of evidence as to the shooter's motivation did not rebut the presumption that on-the-job injuries arise from employment. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: May 16, 2024, Case #: 46, Categories: Workers' Compensation
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Jones finds for the commissioner of internal revenue in collection due process claims concerning tax liability because the settlement officers did not commit an abuse of discretion.
Court: U.S. Tax Court, Judge: Jones, Filed On: April 17, 2024, Case #: 2024-46, Categories: Tax
J. Rush finds that the trial court properly held that a conservation officer with the department of natural resources had not acted criminally by charging a driver for hitting and killing the officer's family dog with her car, and thus that the state was properly required to indemnify the officer for acting in the course of his employment. The driver initially stopped after hitting the officer's dog but subsequently drove the last mile to her boyfriend's house so he could accompany her to the scene of the accident. The state contends the officer lied to law enforcement by contending the driver had not returned until the next day, but "the complaint was admitted for a limited purpose," which prevented the court from considering allegations in the complaint as proof that the officer lied. Affirmed.
Court: Indiana Supreme Court, Judge: Rush, Filed On: February 5, 2024, Case #: 24S-MI-46, Categories: Employment, Government, Indemnification
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J. Goldberg affirms a lower court judgment ruling in favor of two would-be home buyers, finding the trial court properly awarded them the return of their $31,000 deposit. Contrary to the seller’s assertions, the buyers were ready, willing, and able to close on the sale and the seller is not entitled to the deposit because the seller breached the purchase and sales agreement for the property. Ample facts support the trial court’s decision. Affirmed
Court: Rhode Island Supreme Court, Judge: Goldberg, Filed On: January 16, 2024, Case #: 23-46, Categories: Real Estate, Damages, Contract
J. Gravois finds that the trial court properly granted joint custody of the parties' children. Res judicata was properly granted as to the mother's allegation regarding the father's alleged sexual abuse of the children because the multiple petitions for protection from abuse by both parties have all been filed in the same district court proceeding. The allegations of sexual abuse against the children were fully litigated and were dismissed with prejudice. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: December 20, 2023, Case #: 23-CA-46, Categories: Evidence, Family Law
J. Wood finds the circuit court properly awarded primary physical custody of the parties’ daughter to the wife with standard visitation to the father. The presiding circuit judge retired and was replaced by another judge during the pendency of the court of appeals’ reversal and remand of the court’s denial of the father’s request that the court issue findings of fact and conclusions of law. The Arkansas Supreme Court assigned a temporary judge for the limited purpose of entering findings of fact and conclusions of law, and it had jurisdiction to do this. The appeals court will not reweigh evidence which the circuit court found to show that the parents’ level of cooperation and communication does not support joint custody. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: October 25, 2023, Case #: CV-23-46, Categories: Family Law, Due Process, Guardianship
J. Eppich finds a lower court properly dismissed a civilian's wrongful death claims. The civilian, a guardian of a child, argued that the lower court erred in ruling in favor of a City, deciding it was immune from wrongful death claims after a mother was struck and killed by a driver while crossing an unmanned pedestrian walkway, which replaced a monitored school crosswalk. However, the City is immune for liability for the alleged defective crosswalk based on its public entity status. Affirmed.
Court: Arizona Court Of Appeals Division Two, Judge: Eppich, Filed On: September 12, 2023, Case #: 2 CA-CV 2022-46, Categories: Immunity, Negligence, Wrongful Death
J. Boatright upholds the court of appeals decision the post-conviction court properly refused to grant defendant relief after he pleaded guilty to menacing. So long as a criminal defendant's Alford plea is voluntary, knowing and intelligent, a trial court is not required to make a strong finding of actual evidence of guilt to accept the plea because making such a finding is merely one way, and not the only way, a court can determine whether a plea is legitimate and constitutional. Affirmed.
Court: Colorado Supreme Court, Judge: Boatright, Filed On: September 11, 2023, Case #: 2023 CO 46, Categories: Evidence, Plea, Menacing
Per curiam, the Hawaii Supreme Court denies a writ of mandamus to the Honolulu mayor, finding that the petition is improper and asks the lcourt to sidestep normal appeal procedures in a matter concerning who had jurisdiction over labor complaints under the former governor’s emergency Covid-19 proclamations.
Court: Hawai'i Supreme Court, Judge: Per curiam, Filed On: August 7, 2023, Case #: SCPW-23-46, Categories: Government, Jurisdiction, Labor
J. Catlett finds a lower court improperly denied a firefighter's motion for compensation following a work related injury. The Industrial Commission of Arizona argued that workers' compensation covers firefighters' injuries for physical ailments, but not for occupational injuries, which the firefighter suffered from inhaling noxious chemicals. However, a 2021 statute grants injured firefighters relief, even when the injury dates fall before its enactment, and does not "result in an impermissible retroactive application." Vacated.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: July 11, 2023, Case #: 1 CA-IC 22-46, Categories: Employment, Workers' Compensation
J. Earp grants a building material company a restraining order in trade secrets claims brought after employees went to work for a competitor by enjoining the employees from utilizing knowledge of the company's customers and contracts.
Court: North Carolina Business Court, Judge: Earp, Filed On: July 7, 2023, Case #: 2023-NCBC-46, Categories: Trade Secrets
J. Halligan finds that the appellate division improperly held that defendant was not subject to restrictions from living near schools after being adjudicated as a youthful offender for rape because the law governing the release of sex offenders states that restrictions apply to anyone "serving a sentence," which includes youthful offenders. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: June 15, 2023, Case #: 46, Categories: Juvenile Law, Sentencing, Sex Offender