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6 Aug 2012, 8:33 am
The primary issue raised by the plaintiff in this appeal is whether a self-insured municipality, by virtue of its unlimited liability, is deemed to provide unlimited underinsured motorist coverage in the absence of a preaccident writing requesting lesser coverage limits in conformity with § 38a-336 (a) (2). [read post]
9 Jul 2009, 8:49 am
Div. 2007), the court stated: In custody cases, it is well settled that the court’s primary consideration is the best interests of the children. [read post]
31 Mar 2011, 3:54 am
What is standard applied by the courts in such cases? [read post]
15 Jul 2009, 12:35 pm
Additionally, Cherryland argued that an alternate municipal provider could not service Great Wolf because of a statutory requirement prohibiting such providers from rendering service to those “already receiving the service from another utility. [read post]
27 Jun 2007, 9:00 am
Kentucky, which will examine the constitutionality of the practice by states of giving preferential tax treatment to in-state municipal bonds, see here. [read post]
17 May 2014, 3:25 pm
The intervenors contend that necessary parties, the pregnant women scheduled for abortion in municipal hospitals, were not before the criminal court. [read post]
22 Aug 2012, 1:09 pm
In the said case, the Court said that the State highest Court was concerned with how the new guidelines enacted under the amendment to section 50-e of the General Municipal Law should be applied to claims accruing prior to September 1, 1976, the effective date of the amendment. [read post]
20 Dec 2010, 11:02 am
Hence bankruptcy of a sub-national arm, like a municipality or a state, is predicated on supervision by a higher-level national arm, and as we saw with Harrisburg, municipal bankruptcy can only be voluntary (not involuntary) and requires the state to make findings of insolvency before allowing the municipality to file. [read post]
1 Sep 2016, 4:11 pm
Next, to succeed on a Monell claim, Feibush was required to show by a preponderance of the evidence that his constitutional rights were violated and that a municipal custom or policy was the “moving force” behind his injuries. [read post]
26 Feb 2015, 9:39 pm
Here, it is undisputed that 1080 Delaware did not file any action challenging Berkeley Municipal Code § 23C.12 within three years of the enactment of the Costa–Hawkins Rental Housing Act in 1996. [read post]
25 May 2016, 7:10 pm
The fifth paragraph of § 39B, inserted by St.1985, c. 30, requires that a municipality making any rule, regulation, ordinance or by-law “relative to the use and operation of aircraft on said airport or restricted landing area,” receive approval from the division prior to the rule’s taking effect. [read post]
25 Jun 2019, 1:38 pm
Mann 18-1465 Issues: (1) Whether a parent claiming substantive due process violations needs to demonstrate that the county’s conduct “shocks the conscience,” as five circuits have held, or whether omissions by the county—i.e., the lack of obtaining parental notice and consent—alone result in municipal liability, as the U.S. [read post]
2 Jan 2012, 8:50 am
The court acknowledged that state-action immunity does not automatically extend to municipalities or political subdivisions. [read post]
16 Nov 2010, 4:10 am
”*“Unless,” said the court, “a collective bargaining agreement expressly provides for compensation rights to disabled officers in addition to those provided by General Municipal Law § 207-c, there is no entitlement to such additional compensation,” citing Uniform Firefighters of Cohoes, Local 2562, IAFF, AFL-CIO v City of Cohoes, 94 NY2d 686.As the Appellate Division found that the controlling CBA “did not contain any language expressly… [read post]
3 Dec 2013, 6:45 pm
None of this is going to get resolved in a blog post, but this is the sort of argument that is likely to have much more traction with a court of appeals than with a bankruptcy court, which is going to be reluctant to trim its sails in deference to the theoretical peculiarities of federalism when it has a real debtor with real problems before it. [read post]
1 Mar 2011, 11:16 am
The court cited a Sixth Circuit decision explaining that the plaintiff bears a heavier evidentiary burden in attempting to cast doubt than the municipality does in justifying the ordinance at the outset. [read post]
9 Sep 2020, 6:48 pm
Accordingly, the court dismissed Plaintiff’s equal protection claim. [read post]
17 Jun 2012, 4:41 pm
New York courts have held that “a school district is required to base the tax it levies upon the assessment rolls of the municipalities within its boundaries; it is without power to question the assessments or the method of arriving at the assessed valuation. [read post]
4 Aug 2015, 9:54 am
If you miss a court date, the judge will issue a bench warrant for your arrest. [read post]
1 Oct 2010, 10:38 am
DWI and DUI defense is arguably the most complicated and involved type of litigation that occurs in the municipal courts. [read post]
