10 results for 'casenum:"48"'.
Per curiam, the court of appeals finds that the appellate division properly held that shareholders of an acquired Canadian oil and gas company were not entitled to bring breach of contract claims because the contract unambiguously stated that such could be brought only by "required holders" meeting a defined ownership threshold. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 16, 2024, Case #: 48, Categories: Contract
J. Patterson finds that the appellate division improperly held that a real estate salesperson was subject to the state's employee classification statute in claims contending fees and expenses had been unlawfully deducted from his commissions based on his misclassification as an independent contractor. The state legislature has amended the Brokers Act to require business affiliation agreements to prevail even if they conflict with other laws or regulations, and because the salesperson agreed in writing to affiliate with the company as an independent contractor, he is not subject to the so-called "ABC" employment test. Reversed.
Court: New Jersey Supreme Court, Judge: Patterson , Filed On: May 13, 2024, Case #: A-48-22, Categories: Employment
J. Coulsen finds a lower court properly dismissed a bidder's breach of contract regulations claims against a contracting authority. The bidder argued in court that the contracting authority erred in granting another parties' bid, even though both bids were close. However, the successful bidder sufficiently showed in court that it had "clear items related to accessibility of premises" under the Equality Act 2010. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulsen, Filed On: January 30, 2024, Case #: CA-2023-48, Categories: Real Estate, Contract
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J. Rivera finds that the appellate division improperly dismissed long-running claims property owners brought against a neighboring manufacturer which sought to expand a nonconforming use because the action had not been rendered time-barred by the addition of an inadvertently omitted necessary party, as the addition related to the initial, timely filing and the party was not surprised by the addition. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: October 24, 2023, Case #: 48, Categories: Civil Procedure, Zoning
J. Stiles finds that the workers' compensation judge properly awarded the employee indemnity benefits and the recommended surgery for his knee stemming from a job-related accident. The evidence supports the finding that the requested treatment was medically necessary and that the employee was not terminated for cause. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: October 4, 2023, Case #: WCA-23-48, Categories: Employment, Workers' Compensation
J. Berkenkotter finds the lower court properly denied the mother's motion to remove the child from family services' custody. "Due diligence," as defined in the federal Indian Child Welfare Act, requires the party petitioning for custody of a child to make reasonable efforts to determine whether that child has any Native American heritage, which was satisfied in this case when family services repeatedly attempted to contact the child's mother and eventually confirmed from the child's maternal grandmother he had no Native American heritage. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: September 11, 2023, Case #: 2023 CO 48, Categories: Civil Procedure, Family Law, Native Americans
J. Smith denies defendant's motion for habeas relief in a matter in which she was convicted of wire fraud and aggravated identity theft. Defendant claims that her habeas counsel provided ineffective assistance by failing to raise various grounds for relief in her first motion. This claim could not have been adjudicated on the merits of her first motion, therefore it was not a second or successive motion. The matter is remanded to the district court to consider it in the first instance.
Court: 9th Circuit, Judge: Smith, Filed On: September 5, 2023, Case #: 23-48, Categories: Habeas, Identity Theft