The Twelfth District Court of Appeals in Ohio has affirmed a lower court’s decision to deny Lonnie Rarden’s request for a complete resentencing, stemming from a correction made to his original 2006 prison sentence almost two decades ago. The core of Rarden’s latest appeal hinged on whether the trial court…
-
-
Estate Must Hire Lawyer to Pursue Workers’ Comp Claim, Appeals Board Rules
The Tennessee Workers’ Compensation Appeals Board has definitively ruled that the estate of a deceased worker, when pursuing certain death benefits, cannot be represented by a non-attorney personal representative acting *pro se* (on one’s own behalf). The Board upheld a trial court’s decision, forcing the estate of the late Gregory…
-
Court Reverses Social Security Denial, Citing Lack of Evidence for Work Capacity
The Second Circuit Court of Appeals has overturned a lower court’s decision that upheld the Social Security Administration’s (SSA) denial of disability benefits to Govanni R. Nunez. In a significant ruling, the appellate court found that the Administrative Law Judge (ALJ) failed to support her Residual Functional Capacity (RFC) determination…
-
Market Monitor Kicked Out of PJM Meetings Loses Appeal Over Lack of Standing
The U.S. Court of Appeals for the D.C. Circuit has dismissed the petition for review filed by Market Monitoring Analytics LLP (IMM), the independent market monitor for the PJM Interconnection grid. The court ruled that IMM lacked the necessary legal standing to challenge the Federal Energy Regulatory Commission’s (FERC) decision…
-
County’s Permit Conditions Upheld in Forest Labor Camp Dispute
The Oregon Court of Appeals has affirmed a decision by the Land Use Board of Appeals (LUBA), siding with Jackson County regarding conditions placed on a Temporary Forest Labor Camp (TFLC) permit sought by Mark and Andrea Hutto. The court found that the county acted appropriately in setting an expiration…
-
Clerk Gets Immunity Shield in Restitution Check Mix-Up
A Warren County crime victim who was mistakenly overpaid restitution funds and later suffered financial harm when the payments were stopped will not get his day in court against the Clerk of Courts. The Twelfth Appellate District of Ohio affirmed a lower court’s decision, concluding that the Clerk’s actions—issuing the…
-
Delaware Court Dismisses Stockholder’s Records Demand Over Missing Oath
A stockholder’s attempt to inspect the books and records of DNA SEQ, Inc. under Section 220 of Delaware’s General Corporation Law has been dismissed by the Delaware Court of Chancery, primarily because the initial demand letter lacked a mandatory sworn oath. Senior Magistrate in Chancery Selena E. Molina issued a…
-
Court Dismisses Bid to Overturn Municipal Judgment in Fee Dispute
The Ohio Ninth District Court of Appeals has dismissed Deborah Hoffman’s attempt to use extraordinary legal remedies—writs of prohibition and mandamus—to undo a small claims judgment issued against her by the Akron Municipal Court. The Court found that the Akron Municipal Court did not patently and unambiguously lack jurisdiction, meaning…
-
School District Loses Immunity Bid in Student Abuse Case
The School District of Philadelphia will have to face a lawsuit alleging negligence stemming from a sexual assault on a disabled student, as the Commonwealth Court of Pennsylvania ruled that the district cannot claim governmental immunity in this specific scenario. The appellate court affirmed a lower court’s decision to deny…
-
Former Deputy Sheriff Dodges Pension Forfeiture in Narrowly Defined Corruption Case
A California appeals court has sided with a former San Francisco Deputy Sheriff, April D. Myres, ruling that her felony convictions for mail and wire fraud did not stem from conduct “arising out of or in the performance of” her official duties, thus protecting her vested pension benefits from forfeiture…