8 results for 'casenum:"65"'.
J. Donohue finds that the appeals court improperly dismissed a petition for review of the Pennsylvania Abortion Control Act filed by a group of seven abortion providers who had asked the court to determine that abortion is a right protected under the state constitution. The providers have standing to sue because provides Medicaid funding for childbirth but not for abortions, thus failing to maintain its obligated neutrality regarding reproductive autonomy. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: January 29, 2024, Case #: J-65-2022, Categories: Civil Procedure, Civil Rights, Constitution
J. Halligan finds that the appellate division improperly held that defendant had not been in custody when police questioned him on a residential street about guns in the trunk of his car because handcuffing defendant restricted free movement akin to a formal arrest, which necessitated Miranda warnings. Meanwhile, defendant failed to preserve his challenge to being convicted under the New York law criminalizing unlicensed possession of a firearm outside the home or business since he failed to raise the issue in the trial or appellate courts. Reversed.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 21, 2023, Case #: 65, Categories: Criminal Procedure, Firearms, Miranda
J. Eckerstrom finds a lower court improperly dismissed an auto financing company's contract claims against an insurer. The insurance company argued that it was not obligated to provide coverage on an insured's vehicle that was damaged in a car accident based on a null and void policy. However, the financing company sufficiently showed in court that the insured listed it as a loss payee, despite a rescinded policy. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Eckerstrom, Filed On: November 21, 2023, Case #: 2 CA-CV 2023-65, Categories: Insurance, Contract
J. Schlegel finds that the trial court should not have determined that Louisiana’s anti-stacking provision did not apply to the uninsured/underinsured
motorist issues in this car collision action. In this case, the injured driver was using her personal car while performing a work related task when she was rear-ended. Therefore, the injured driver is limited to recovery under her personal line of coverage but not her employer's insurance policy as well. Further, under Irvin, the injured driver does not have the option to select recovery under her employer’s line of coverage. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: October 25, 2023, Case #: 23-CA-65, Categories: Insurance, Contract
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[Consolidated.] Per curiam, the Vermont Supreme Court finds that the trial court properly sentenced defendant following convictions for sexual assault, luring and violating conditions of release. Defendant refused to take full responsibility for the sexual assault of a 14-year-old family member on numerous occasions and violated his condition of release while charges were pending. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: September 15, 2023, Case #: 23-AP-65, Categories: Sentencing, Sex Offender, Child Victims
J. Buch finds for the taxpayer in this tax deficiency dispute because the taxpayer adequately disclosed the gift on his 2006 gift return, and the commissioner issued the notice of deficiency more than three years after the filing.
Court: U.S. Tax Court, Judge: Buch, Filed On: May 22, 2023, Case #: 2023-65, Categories: Civil Procedure, Tax