The U.S. Court of Federal Claims has dismissed a lawsuit brought by Nathan Strong against the United States, stemming from a settlement agreement Mr. Strong had with the U.S. Office of Special Counsel. The court ruled that Mr. Strong’s complaint failed to establish a breach of contract and that several…
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Court Throws Out Charter Boat Companies’ Lawsuit Over Striped Bass Fishing Regulations
The U.S. District Court for the District of Columbia has dismissed a lawsuit brought by several charter fishing boat companies against the Atlantic States Marine Fisheries Commission and various state officials. The companies, along with other plaintiffs, argued that the Commission’s fishing regulations for striped bass, also known as “stripers,”…
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Portland Loses Land Use Case Over Zenith Energy Permit
The Oregon Court of Appeals has reversed a decision by the Land Use Board of Appeals (LUBA), ruling that LUBA does have jurisdiction to review a Land Use Compatibility Statement (LUCS) issued by the City of Portland to Zenith Energy Terminals Holdings, LLC. The case, brought by the Northwest Environmental…
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Iowa Court of Appeals Sides with Beneficiary in Estate Dispute
The Iowa Court of Appeals has sided with a beneficiary in a dispute over the distribution of funds from the estate of Dennis R. Peterson. The court affirmed a lower court’s decision that allowed the beneficiary, Joe Parcell, to receive the remaining funds after debts and claims against the estate…
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Trustee Can Shield Some Attorney-Client Communications from Beneficiary, Court Rules
A recent ruling by the Pennsylvania Superior Court clarifies the boundaries of the fiduciary exception to attorney-client privilege in trust and estate cases. The court decided that a trustee can protect certain communications with their lawyer from disclosure to a beneficiary, specifically those related to a lawsuit the trustee filed…
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Court Rules DSP Was Employee, Not Contractor, Entitled to Overtime
The District of Columbia Court of Appeals has sided with Regina Kennedy, a former Direct Support Professional (DSP) who worked for Eckington House Mental Health Services, LLC (Eckington). The court affirmed a ruling that Ms. Kennedy was an employee, not an independent contractor, and therefore entitled to overtime wages and…
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Court Upholds Oregon’s Jurisdiction in Child Dependency Case, Despite International Travel
The Oregon Court of Appeals has affirmed a lower court’s decision in a juvenile dependency case, solidifying Oregon’s jurisdiction over a child despite the child’s extended stay in El Salvador. The case, *Department of Human Services v. M. P.*, centers on the legal battles over the state’s ability to intervene…
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City Wins Zoning Dispute: Court Sides with University Heights
Daniel Grand, a resident of University Heights, Ohio, lost his appeal in a case against the city regarding his desire to use his home for religious gatherings. The Sixth Circuit Court of Appeals affirmed the lower court’s decision, finding that Grand’s claims were either not ready for court (unripe) or…
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Court Rules STEM School Case Moot After Depositing Damages
The Colorado Court of Appeals has affirmed a lower court’s decision, declaring a case against STEM School Highlands Ranch (STEM) moot after the school deposited the maximum potential damages into the court’s registry. The case, brought by John and Maria Castillo, concerned the wrongful death of their son, Kendrick Castillo,…
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Court Says Involuntary Medication for Competency Restoration Can Proceed
The West Virginia Supreme Court of Appeals has denied a petition for a writ of prohibition filed by Aaron Jimmie Urban, who sought to prevent the involuntary administration of medication for competency restoration. The court ruled that the circuit court correctly applied the legal standards for such cases, allowing the…