17 results for 'cat:"Civil Procedure" AND cat:"Licensing"'.
J. Aarons finds that the lower court properly dismissed a request to review the decision denying public records sought by plaintiff following revocation of his driver's license after he failed to attend a rescheduled hearing associated with his DUI arrest. The department of motor vehicles provided a copy of the hearing notice, and evidence did not indicate notice had been returned as undeliverable. Since revocation of the license was subsequently vacated, that issue is moot. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-23-0289, Categories: civil Procedure, licensing, Public Record
J. Mullins finds the hearing officer from the Commission of Motor Vehicles improperly admitted the incident report from the police officer regarding his arrest of the petitioner on DUI charges. The report was not completed within three days of the petitioner's request, as required under Connecticut law. Although the three-day filing requirement contains no prohibitory language, it is mandatory because it ensures the arresting officer's recollection of the incident is accurate and affords the arrested individual due process. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: April 9, 2024, Case #: SC20703, Categories: civil Procedure, licensing, Due Process
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J. Aarons finds that plaintiff's driver's license was properly revoked even though officers who arrested him for driving while intoxicated and resisting arrest did not appear at the administrative hearing because plaintiff did not attempt to enforce judicial subpoenas requiring their testimony and did not request adjournment. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: January 4, 2024, Case #: CV-22-2166, Categories: civil Procedure, licensing, Vehicle
J. Bumb finds for a fight promoter in claims contending a cigar lounge broadcast pay-per-view fights without permission because the promoter had exclusive right to the events, and the promoter's investigator personally observed the lounge broadcast one event without a sublicense. Meanwhile, the lounge has not responded to the complaint.
Court: USDC New Jersey, Judge: Bumb , Filed On: December 15, 2023, Case #: 1:22cv4988, NOS: Cable/Sat TV - Other Suits, Categories: civil Procedure, licensing, Contract
J. deGravelles declines to find in favor of the licensing board for the private security guard's failure to timely serve board over his license suspension. The security guard sent the summons and complaint to the board through certified mail, but this is not a permissible method of service under Louisiana law. However, state law tolling is appropriate here, so the security guard is given 30 days to properly serve the board.
Court: USDC Middle District of Louisiana, Judge: deGravelles, Filed On: October 25, 2023, Case #: 3:22cv258, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, licensing
J. Richardson denies the plaintiff company's request for a preliminary injunction to prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from treating its federal firearms license as being terminated "during the pendency of this Court's review." The company has not shown a likelihood of success on the merits.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: September 29, 2023, Case #: 3:23cv544, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, licensing, Firearms
J. Moll finds the trial court properly denied the dentist's motion to dismiss disciplinary charges against him on the grounds of res judicata. Previous proceedings related to a subpoena were governed by a different set of statutes and concerned the state's investigation into his billing practices, while the disciplinary charges dealt with his failure to keep adequate records. Meanwhile, the court properly revoked the dentist's license because his failure to maintain records while under investigation established probable cause, and his excuses of water damage were suspect and unsupported by any evidence. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: September 15, 2023, Case #: AC45365, Categories: civil Procedure, licensing, Sanctions
J. Strickland grants the dental licensing board members' motion to dismiss, ruling the dentist's claims are time-barred because he failed to file them within three years of his license revocation, the latest time at which his due process and conspiracy claims began to accrue.
Court: USDC New Mexico, Judge: Strickland, Filed On: August 21, 2023, Case #: 1:23cv189, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, licensing, Due Process
J. Bradford finds that the trial court improperly ruled in claims brought after the pharmacy board revoked plaintiff's expired license. Any violation of plaintiff's rights occurred before he prevailed on judicial review, and thus plaintiff had been granted relief. The original ruling remains unaffected since judgment had already been entered for the board.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: June 8, 2023, Case #: 22A-PL-1811, Categories: civil Procedure, licensing