10 results for 'casenum:"83"'.
J. Ortego finds that the trial court improperly awarded the plantation $440,500 in attorney fees for its property dispute with the district. The award is moot because the expropriation of the plantation's and others' properties are not less than what the district's levee board offered them, which violates applicable law. Reversed.
Court: Louisiana Court Of Appeal, Judge: Ortego, Filed On: April 24, 2024, Case #: CA-23-83, Categories: Attorney Fees
J. Milkey affirms a state commission’s finding that a union discriminated against a woman who applied for a job as a forklift operator based on her sex, after it hired an underqualified male over her for the position, then — when attempting to defend its decision — the union treasurer said the women the union typically hired didn’t complain and “knew their place.” The union didn’t offer any credible explanation for the discrepancy in how the woman was treated in comparison to the less-qualified male applicant who was chosen. Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Milkey, Filed On: April 3, 2024, Case #: 23-P-83, Categories: Employment, Employment Discrimination, Labor / Unions
J. Todd finds that the lower court properly dismissed this case concerning defendant’s sentencing for sodomizing another child when he was 15 years old. Although the juvenile court previously denied defendant his right to be free from compulsory self-incrimination by considering his refusal to admit guilt for the criminal offenses, defendant is not entitled to a new juvenile certification hearing because he is now 27 years old and outside of the juvenile court’s jurisdiction. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 30, 2024, Case #: J-83-2022, Categories: Juvenile Law, Sentencing, Sex Offender
J. Winkler finds the lower court erroneously denied the motion for summary judgment filed by the disability services board and its members. The CFO of the company who received waiver benefits from the board had no contract with the board, did not own the building he used in conjunction with the benefits waiver and used a personal vehicle for work, all of which rendered him an independent contractor, not an employee. Reversed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: January 12, 2024, Case #: 2024-Ohio-83, Categories: Immunity, Defamation, Employment Retaliation
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Rivera finds that the appellate division improperly required defendant to register as a sex offender after he was convicted of robbery and unlawfully imprisoning a child for stealing money from his aunt at gunpoint while his 10-year-old cousin was present. Defendant posed no sexual threat, and designating him a sex offender violated due process without furthering the legislative intent of the sex offender law. Reversed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: November 21, 2023, Case #: 83, Categories: Robbery, Sex Offender, Due Process
J. Pugh finds for the commissioner of internal revenue in this tax liability dispute because the statute of limits for assessing tax attributable to partnership items has expired.
Court: U.S. Tax Court, Judge: Pugh, Filed On: June 29, 2023, Case #: 2023-83, Categories: Civil Procedure, Tax
J. Traver finds the trial court improperly entered final judgement in favor of the company on its claim for civil theft against an investor. A directed verdict should have been entered in favor of the investor since the company received his check for the full debt and waived any argument of noncompliance with its demand letters. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: June 23, 2023, Case #: 6D23-83, Categories: Civil Procedure, Conversion
J. Gravois finds that a juvenile was properly adjudicated delinquent for the offense of first degree rape. The victim testified that when she was six-years old, the juvenile, who was fourteen, sexually assaulted her during a vacation trip. The victim testified that the juvenile licked her vagina and inserted his penis into her vagina. The trial judge acknowledged that both the victim's testimony at trial and her recorded interview were substantially similar. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Gravois, Filed On: June 21, 2023, Case #: 23-KA-83, Categories: Evidence, Juvenile Law, Sex Offender