By JOHN COUNCIL | June 23, 2017
The U.S. Court of Appeals for the Fifth Circuit has reversed a federal trial court's decision halting the implementation of one the harshest anti-gay…
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly affirmed the board's decision that collateral estoppel prevented officer from relitigating whether he was acting "in office or employment" when he murdered his neighbor after a personal argument while off-duty because a federal jury hearing the victim's family's civil rights complaint determined that officer was a state actor and collateral estoppel applied. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Claimant's loss of earning power was attributable to work-related injury, and claimant was therefore entitled to workers' compensation benefits, where employer specifically created permanent alternative position for claimant within her physical restrictions and offered it to her at a lower wage. Order of the WCAB affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
District Court properly affirmed bankruptcy court's granting of a grace period to debtors who made the final payment on their base plan a few weeks after the end of the 60-month period because the bankruptcy court had the discretion under the code to grant a reasonable grace period for debtors to cure an arrearage. Affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Mother appealed trial court's order denying her petition asserting that a sperm-donor contract existed between her and child's biological father and that father lacked standing in the child custody case but the order she appealed from was not a final order since it was entered in an ongoing child custody proceeding and was not a compete resolution of the pending custody claims. Appeal quashed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Claimant ineligible for unemployment compensation benefits where, although available to work, claimant was incarcerated during period of benefits. Order of the UCBR affirmed.
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly found mother in contempt for relocating with the children in contravention of an order directing compliance with §5337 but trial court erred in finding her in contempt for enrolling child in preschool because there had been no legal determination of custody and abused its discretion in changing custody as a contempt sanction because there was no express notice that custody would be at issue. Affirmed in part and reversed in part.
By Marcia Coyle | June 22, 2017
Adam Jed, a 2008 Harvard Law School graduate and former clerk to U.S. Supreme Court Justice John Paul Stevens, has joined Special Counsel Robert Mueller III's legal team in the investigation of Russia's interference with the U.S. presidential election. At the DOJ, Jed defended the Affordable Care Act and helped implement the Supreme Court's DOMA ruling.
By Jason Grant | June 22, 2017
A Manhattan appeals court threw out a $1.35 million verdict on Thursday, saying a trial judge committed reversible error when she decided from the bench that a breach of contract occurred, thereby stripping the issue from the jury.
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