May 24, 2023 | Law.com
Incontestability Provision Bars NY Life Insurance from Seeking Declaratory Judgment for Lack of CapacityThe nine-judge panel unanimously determined that the incontestability clause does not bar an insurer obtaining a declaratory judgment if the policy was obtained by fraud or if the beneficiary lacks an insurable interest in the life of the insured.
By Marianna Wharry
4 minute read
May 19, 2023 | Law.com
Trial Court Erred in Excluding Cellphone Video's Audio as 'Inadmissible Hearsay,' Washington Appellate Court HoldsA trial court's decision that audio from a 10-second cellphone video was inadmissible hearsay violated a Washington state man's constitutional right to present a defense, the state's Court of Appeals held last week.
By Marianna Wharry
5 minute read
May 15, 2023 | Law.com
Judge's Misreading of CARES Act 'Self-Employment Rule' Lets Bed-and-Breakfast Owner Off the Hook for $14K RepaymentAn administrative law judge's misinterpretation of the U.S. Secretary of Labor's "self-employment rule" provision of the Coronavirus Aid, Relief and Economic Securities Act caused the South Dakota Supreme Court to reverse an order directing a bed-and-breakfast owner to repay nearly $15,000 in pandemic unemployment assistance.
By Marianna Wharry
4 minute read
May 12, 2023 | Law.com
'Your Conduct Undermines the Integrity of the Office': Judge Reprimanded for Offensive, Derogatory Comments Toward a Witness"Your comments were made to the Justice of the Peace following a hearing in the Justice Court and overheard by court personnel. As recounted by these witnesses, your comments were offensive to women and highly derogatory toward a witness in both court proceedings," McGrath said in the public reprimand.
By Marianna Wharry
2 minute read
May 11, 2023 | Law.com
Former Coca-Cola Sales Manager Seeks to Enjoin Company From Enforcing NoncompeteThis case was first surfaced by Law.com Radar.
By Marianna Wharry
3 minute read
May 10, 2023 | Law.com
Washington Supreme Court Justices Head to Whidbey Island for Oral ArgumentsWashington Supreme Court justices will head to Whidbey Island for visits to local school districts and hearings for three court cases this week. The…
By Marianna Wharry
4 minute read
May 09, 2023 | Law.com
Court Must Determine Whether Construction Worker Is Employee or Independent Contractor, Alaska High Court HoldsThe Alaska Supreme Court, reversing a trial court's decision, said a judge, not a jury, must determine whether a construction worker killed in a work-related accident was an employee or independent contractor based on previous case law.
By Marianna Wharry
3 minute read
May 09, 2023 | Law.com
Justice Department Announces Settlement With Spokane Public Schools for 'Improper' Seclusion, Restraint of Students With DisabilitiesAn investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities and did not limit the practice to emergency situations, as required by state law and district policy.
By Marianna Wharry
2 minute read
May 08, 2023 | Law.com
Oregon State Bar Seeking Candidates for Board of Governors ElectionThe Oregon State Bar is currently seeking four candidates for the Board of Governors election, the organization recently announced. There are four…
By Marianna Wharry
1 minute read
May 08, 2023 | Law.com
Former Oregon Securities Broker Sentenced to More Than 4 Years in Federal PrisonA former Oregon securities broker was sentenced to federal prison for willfully evading a $2.5-million personal income tax payment to fund his lavish…
By Marianna Wharry
2 minute read
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