Cases

Matter of Edward T. (Salvador T.) (2019 NY Slip Op 06359) Matter of Edward T. (Salvador T.) 2019 NY Slip Op 06359 Decided on August 22, 2019 Appellate Division, Fourth Department Published by New York State Law Reportin

907 N.E.2d 529 (2009) Kevin D. BURKE, Appellant-Cross-Appellee (Petitioner below), v. Duke BENNETT, Appellee-Cross-Appellant (Contestee below). No. 84S01-0904-CV-148. Supreme Court of Indiana. June 16, 2009. *530 Edward O. DeLaney, Amanda Couture, DeLaney & DeLaney LLC, Indianapolis, IN, Attorneys for Appellant/Cross-Appellee

NAJAM, Judge, dissenting. I respectfully dissent. The majority concludes that Bennett was subject to and violated the Little Hatch Act and, therefore, was ineligible to assume or be a candidate for the office of mayor of Terre Haute. See Ind.Code § 3 — 8—1—5(c)(6). Next, the majority concludes that, under our Supreme Court’s opinion in Oviatt v. Behme, 238 Ind. 69, 147 N.E.2d 897 (1958), Burk

Robb, Judge. Case Summary and Issues Following a jury trial, Jeremiah Erickson was convicted of dealing in a Schedule IV controlled substance, a Level 3 felony, and the trial court sentenced him to fourteen years in the Indiana Department of Correction. Erickson now appeals, raising three issues for our review, which we consolidate and restate as: (1) wh

80 Cal.Rptr.2d 323 (1998) 68 Cal.App.4th 396 The PEOPLE, Plaintiff and Respondent, v. Michael Edward BENNETT, Defendant and Appellant. No. G020575. Court of Appeal, Fourth District, Division Three. December 4, 1998. Maureen J. Shanahan, Malibu, under appointment by the Court of Appeal, for Defendant and Appellant. Daniel E. Lungren, At

839 F.Supp. 508 (1993) Clifford R. NICHOLSON, Plaintiff, v. KENT COUNTY SHERIFF'S DEPARTMENT, Deputy Edward Droski, Deputy John Rikans, Deputy Robert Vanderlaan, Lieutenant Jack Christensen, Detective Harlow Blumenstein, Detective Sergeant William Weston, Detective Gerald Miedema, Detective Robert Peters, Detective David Barnes, and Other Unknown Officers, Defendants. No. 1:92-CV-649. United States Dis

* * * * * * # The petitioner testified that in the year 1934 he made an arrangement with Mr. Henry R. Eisenberg, now deceased, to work for the respondent at the rate of $5 per week, and with the privilege of sleeping in the basement of the office building. He stated that he was instructed to care for the fires, watch the premises and do odd jobs in connection with the business of the respondent. He testified that he slept on the premises

Parker, Judge: Respondent determined a deficiency in petitioner’s Federal estate tax of $2,716,879 and an addition to tax of $80,415.1 The issue for decision is whether any portion of the Charles Russell Bennett Memorial Trust constitutes a “qualifying income interest for life” and hence qualifies for the marital deduction under section 2056(b)(7). Un

AINSWORTH, Circuit Judge: Appellants Robert J. Nicholson and William Nicholson appeal from their conviction after trial by jury of conspiracy to transport property worth more than $5,000 in interstate commerce, knowing the property to have been stolen, in violation of 18 U.S.C. §§ 371 and 2314. We have carefully examined each of the errors asserted by appellants and find them to

KENNEDY, Circuit Judge: The Franchise Tax Board of California, the agency charged with enforcement of state personal income tax laws, appeals from a declaratory judgment, issued in favor of the Construction Laborers’ Vacation Trust for Southern California (CLVT), holding that Cal.Rev. & Tax.Code § 18817 (West 1983) is preempted

CHESLOCK, J., Plaintiffs commenced this action by filing a complaint on September 2, 1999. On September 27, 1999, defendants, Dr. Alan J. Kenyon and Bonnie J. Kenyon, filed preliminary objections to plaintiffs’ complaint, and on October 4, 1999, filed supplementary preliminary objections. On October 8, 1999, plaintiffs filed an amended complaint. Defendant, Greenwich Ophthalmology Associates P.C., filed preliminary obje

¶1 Ireland, J.* In this case, we consider whether a private nuisance claim brought by Evelyne Grundy, who alleges seawater damaged her property because her neighbors raised the height of their seawall, should be dismissed in light of the common enemy doctrine. We reverse the Court of Appeals dismissal of her private nuisance claim, and we hold that the common enemy doctrine does not apply to seawater.</

Opinion for the Court filed by Circuit Judge ROGERS. ROGERS, Circuit Judge. This case involves the proper ratemak-ing treatment of “OPEBs,” post-retirement benefits other than pensions, including health and life insurance for retirees, following a change in the method of accounting for them. AT & T Corporation petitions for review of

*640Opinion NICHOLSON, Acting P. J. Plaintiff in these actions, South Sutter, LLC (South Sutter), owned an option to acquire a large tract of land from defendant Odysseus Farms. South Sutter claimed the option agreement also gave it an exclusive interest in other lands owned by Odysseus Farms and a right of first refusal should Odysseus Farms acquire add

Opinion for the Court filed by Circuit Judge GRIFFITH. GRIFFITH, Circuit Judge. This matter involves the use of an accounting rule, “add-back,” in a complex area of regulation addressing the rates charged by local telephone exchange carriers for access to their networks. Its resolution, however, is relatively straightforward because, at its core, petitio

Opinion for the Court filed by Senior Circuit Judge EDWARDS. EDWARDS, Senior Circuit Judge: The Surface Transportation Board (“STB” or “Board”) has exclusive jurisdiction over interstate rail transportation, including the power to review and modify railroad rates to ensure that they are reasonable. 49 U.S.C. §§ 10501, 10701, 10707. However, the Board can on

[Cite as In re K.C., 2012-Ohio-1350.] COURT OF APPEALS GUERNSEY COUNTY, OHIO FIFTH APPELLATE DISTRICT : JUDGES: IN THE MATTER OF: : Patricia A. Delaney, P.J. : William B. Hoffman, J. K.C. : Julie A. Edwards, J.

Opinion for the Court filed by Circuit Judge GARLAND. GARLAND, Circuit Judge. In its ISP Remand Order, the Federal Communications Commission (FCC) *270 adopted four interim, intercarrier compensation rules to gwern telecommunications traffic bound for Int

U.S. Bank N.A. v Gilchrist (2019 NY Slip Op 04217) U.S. Bank N.A. v Gilchrist 2019 NY Slip Op 04217 Decided on May 29, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant

640 F.Supp.2d 11 (2009) Nathan LINDELL, Plaintiff, v. The LANDIS CORPORATION 401(K) PLAN; Landis Construction Company; Ethan Landis, individually and in his capacity as an officer; Hugh Jeffrey Fox, Plan Administrator of the Landis Corporation 401(K) Plan; and John Does 1-5, Fiduciaries, Defendants. Civil Action No. 08-1462 (PLF). United States District Court, District of Columbia.