147 results for 'cat:"Licensing"'.
J. Glickman upholds the superior court's finding for a condo developer and neighboring condominium on a condo association's claims pertaining to rooftop restrictions the developer agreed to include in its bylaws to appease the neighboring condo and attain a permit to build a condo exceeding height limitations. The bylaws, which were amended properly, are not unreasonable. Affirmed.
Court: DC Court of Appeals, Judge: Glickman, Filed On: May 9, 2024, Case #: 21-CV-0798 , Categories: licensing, Real Estate, Housing
J. Thomas finds that trial court properly approved a pharmaceutical student's settlement agreement with the department of health because the student failed to preserve arguments for appeal, and the department acted within its authority. Affirmed.
Court: Florida Courts Of Appeal, Judge: Thomas, Filed On: May 8, 2024, Case #: 1D2022-2829, Categories: licensing, Settlements
J. Winokur finds that a fisherman's stone crab endorsement was properly suspended after he was convicted of stealing another person's crab traps because the "no contest" plea constituted a conviction. Affirmed.
Court: Florida Courts Of Appeal, Judge: Winokur, Filed On: May 8, 2024, Case #: 1D2022-4096, Categories: licensing
Per curiam, the appellate court finds that the lower court improperly ruled in employment claims because plaintiff's past acts of child maltreatment involving domestic violence were not relevant to her current work in child care and discredit efforts plaintiff has made since that time. Thus, the office of family services may not inform her employer or any licensing agency about this past maltreatment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: TP 23-01620 , Categories: Employment, licensing
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J. Callahan denies a petition for review of the U.S. Nuclear Regulatory Commission's decision granting Pacific Gas & Electric's request for an exemption to the deadline for a federal license renewal application for the continued operation of the Diablo Canyon Nuclear Power Plant.
Court: 9th Circuit, Judge: Callahan, Filed On: April 29, 2024, Case #: 23-852, Categories: Energy, licensing
Per curiam, the Nebraska Supreme Court accepts Robb N. Gage's voluntary surrender of his license, entering a judgment of disbarment. Gage was arrested and charged with four counts of possession of a controlled substance and had his license temporarily suspended. He pleaded no contest to the charges before filing the voluntary surrender. He has knowingly filed for voluntary surrender, meeting all requirements, and has waived all proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: S-24-061, Categories: licensing, Attorney Discipline
J. Greer grants the government defendants’ motion for summary judgment in this lawsuit concerning a firearms dealer’s compliance with the “record-keeping requirements under the Gun Control Act” and its decision to revoke his license. The record indicates that the dealer was aware of his legal obligations but continued to violate regulations. As to violations involving Form 4473, for example, the court notes that the frequency of violations increased after the initial compliance inspection. Accordingly, the federal defendants are entitled to judgment, and the dealer’s license is revoked.
Court: USDC Eastern District of Tennessee , Judge: Greer, Filed On: April 22, 2024, Case #: 1:23cv51, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: licensing, Agency, Firearms
J. Zimmerer finds that the lower court improperly overturned the suspension of the individual's driver's license stemming from a traffic stop and her arrest for DWI. There was substantial evidence to support the administrative judge's decision to suspend the license, and the "Miranda Confusion Doctrine" is not recognized in Texas as a defense for refusing the breath test. Reversed.
Court: Texas Courts of Appeals, Judge: Zimmerer, Filed On: April 18, 2024, Case #: 14-23-00506-CV, Categories: licensing, Vehicle
J. Barrett finds the circuit court properly granted the hospital's motion to dismiss the medical malpractice suit. The patient argues her attorneys did not engage in unauthorized practice of law, saying the Michigan attorneys (not licensed in Arkansas) tolled the limitations period when they served the notice of intention to file. The notice was correctly found to be a nullity because the attorneys were engaged in unauthorized practice of law. The notice was also correctly found to be deficient. Furthermore, the action was filed beyond the two-year medical malpractice limitations period. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 17, 2024, Case #: CV-23-143, Categories: licensing, Due Process, Medical Malpractice
J. Bogardus finds the lower court erroneously denied the New Mexico Racing Commission's motion for summary judgment on the grounds of quasi-judicial immunity. It is a governmental body that acted in a prosecutorial manner during disciplinary proceedings with the horse trainer. Although the trainer claims the proceedings were initiated maliciously in response to statements made against commissioners, nothing in the proceedings was outside the scope of authority granted to the commission. Reversed.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: April 16, 2024, Case #: A-1-CA-41120, Categories: licensing, Immunity
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. Wood finds the circuit court improperly found for an unsuccessful applicant for a medical marijuana cultivation license. The applicant sought to have a licensee stripped of his license, arguing his application did not comply with merit selection criteria. The challenged licensee was not named as a defendant or joined as a party in the suit. The circuit court erroneously denied his motion to enter the case, as he is an indispensable party. Reversed in part.
Court: Arkansas Supreme Court, Judge: Wood , Filed On: April 11, 2024, Case #: CV-22-739, Categories: Agriculture, licensing, Due Process
J. Lynch finds that the state board for professional medical conduct properly revoked the license of a physician serving as director of a private radiation oncology practice because expert testimony indicated the physician negligently and incompetently treated seven patients over the course of four years by recommending radiation over the superior option of palliative care, or by subjecting them to excessively high and frequent doses of radiation. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: April 11, 2024, Case #: 535191, Categories: licensing
J. Shepard finds that the trial court improperly ruled in claims seeking to include a third gender on driver's licenses and identification cards. Under Indiana law, the term "gender" in relation to such documents is defined as a person's biological sex, which falls in line with other systems that require recording a cardholder's sex. Reversed.
Court: Indiana Court Of Appeals, Judge: Shepard, Filed On: April 9, 2024, Case #: 23A-PL-899, Categories: Civil Rights, licensing
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
Per curiam, the appellate division finds that the lower court properly denied the woman's request to seal her record of child neglect making her unable to obtain a childcare license. The report's allegations were supported by the evidence and related to the woman's childcare employment. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 9, 2024, Case #: 01899, Categories: Administrative Law, licensing
J. Poochigian finds that a driver is entitled to a new administrative hearing to reconsider a DUI license suspension. The driver's due process rights were violated under this court's decision in California DUI Lawyers Association. The presiding public hearing officer impermissibly acted as both an adjudicator and as an advocate. His attempt to undermine the driver's expert during questioning and his decision's mischaracterization of the expert's testimony demonstrated advocacy for the Department of Motor Vehicles. Reversed.
Court: California Courts Of Appeal, Judge: Poochigian, Filed On: April 4, 2024, Case #: F085992, Categories: Administrative Law, licensing, Due Process
J. Wozniak finds the trial court properly granted summary judgment in favor of a salesman in this breach of contract claim for unpaid sales commissions against a construction company. The company agreed to pay sales commission to the salesman while he was employed, but when he left his position they argued he was an unlicensed contractor and said the contract was unenforceable. The salesman sold the roofing services under the licensed company. Therefore, he did not engage in any unlawful activity and neither a “contractor” nor engaged in “contracting.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: April 3, 2024, Case #: 6D23-810, Categories: Construction, licensing, Contract
J. Jordan grants summary judgment to the defendant business entities in a telematics systems developer's suit alleging breach of contract and patent infringement claims over the alleged misuse of its intellectual property. The court lacks personal jurisdiction over the German-based entity, and the claims against the other entity are barred by a settlement and patent license agreement between the developer and the entities' parent company.
Court: USDC Eastern District of Texas , Judge: Jordan, Filed On: March 28, 2024, Case #: 4:22cv808, NOS: Other Contract - Contract, Categories: licensing, Patent, Contract
J. Baker finds the circuit court improperly found for a Ford dealership. A financial audit revealed tax payment discrepancies, as well as incorrect usage of license tags. Though it is true “a vehicle may be involved in many transactions... [triggering] sales tax liability,” the dealer's allowing certain vehicles for business use by individuals, not being a transaction, and thus not triggering tax liability, is incorrect. The court applied the wrong standard of review. Reversed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: March 28, 2024, Case #: CV-23-450, Categories: licensing, Tax, Business Practices
J. Hoyle finds the trial court improperly granted the county's plea to the jurisdiction, dismissing this suit. The game room operator alleged the county unconstitutionally enacted regulations requiring that game rooms obtain a license. Though sovereign immunity bars Declaratory Judgment Act actions against the state absent a waiver, the Act also allows persons to challenge the validity of ordinances or statutes. Because the county may be bound by a court’s declaration on those ordinances or statutes, they must be “joined in suits to construe their legislative pronouncements.” Reversed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: March 28, 2024, Case #: 12-23-00231-CV, Categories: Administrative Law, licensing, Immunity
J. Sabatino finds that the board of education properly revoked a tenured teacher's license for unbecoming conduct because the teacher failed to demonstrate a constitutional violation, even though the tenure case had already been arbitrated, since the board provided formal written notice, and the teacher will get the chance to be heard at an administrative hearing. Affirmed.
Court: New Jersey Appellate Division, Judge: Sabatino , Filed On: March 28, 2024, Case #: A-1280-22, Categories: Arbitration, Employment, licensing
J. Pritzker finds that the lower court properly dismissed a podiatrist's attempt to thwart state efforts to prosecute him for professional misconduct following the death of a patient because he failed to strictly follow the court-directed method of service following change of venue, which was fatal to establishing jurisdiction. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: March 28, 2024, Case #: CV-23-0088, Categories: licensing, Jurisdiction
J. Gladwin finds the county improperly adopted an ordinance denying the miner's request for a conditional use permit for surface mining. The more than 7,000-page record, including non-bookmarked exhibits, is unclear as to what pleading or other portion of the record the exhibits are related. The case is remanded to correct the record.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-21-282, Categories: Energy, licensing, Municipal Law
J. McElroy enters judgment in favor of the jewelry manufacturer on a competitor's allegations the prevailing manufacturer breached a contract by not transferring an exclusive license to make a certain type of jewelry to the companies' joint venture. A document granting the prevailing party to transfer this license was never produced. The prevailing party's 60-days’ notice was consistent with the contract and did not constitute an exit from the joint venture.
Court: USDC Rhode Island, Judge: McElroy , Filed On: March 22, 2024, Case #: 1:18cv551, NOS: Other Contract - Contract, Categories: licensing, Contract