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judge:"Steven Andrews"
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Publication Date: 2017-10-31 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Solano Attorneys:For plaintiff: for defendant: Case Number: 17-1569
Defendant lacked standing to bring this custody matter against plaintiff, her former same-sex life partner and the biological mother of a minor child, where plaintiff never adopted the child and the evidence demonstrated that plaintiff never stood in loco parentis to the child. The court affirmed an order sustaining defendants preliminary objections.
Publication Date: 2017-10-31 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 17-1608
The U.S. Supreme Courts holding in Birchfield v. North Dakota did not apply in this case, where defendant refused to submit to breath testing, as opposed to blood testing; however, defendant was entitled to relief on appeal from a trial court order denying his petition under the Post Conviction Relief Act without conducting a hearing. The appellate court vacated and remanded for further proceedings.
District court properly granted DOLs partial summary judgment motion in DOLs action against appellant for not paying employees for breaks of 20 minutes or less when they were logged off their work computers because the wage and hour divisions interpretation of 29 C.F.R. 785.18 required that rest breaks of 20 minutes or less were paid breaks. Affirmed.
The court overruled preliminary objections where a prior action involving the same mortgage was discontinued, and where plaintiff provided supporting documentation in connection with its answer to the preliminary objections. However, the court sustained a preliminary objection for the failure to properly verify the complaint.
OOR properly denied inmates petition to the DOC for a copy of his sentencing order because DOC attested that it did not currently possess the requested record and inmate was not entitled to a presumption based on the fact that the record likely existed at a prior time. Affirmed.
The court exercised its equitable power to permit entry of an order nunc pro tunc confirming the transfer of a mortgage to plaintiff, even though the complaint did not allege the assignment of that interest to plaintiff.
In this juvenile proceeding, the court held that trial as an adult for offenses committed as a minor was proper where the individual was not amenable to treatment and had committed similar crimes since reaching the age of majority.
In this divorce proceeding, husbands interest in a limited partnership was not included in the division of property, because the partnership agreement contained a valid provision stating that a partners interest was terminated if that person divorced.
District court properly dismissed appellants Jones act claims on forum non conveniens grounds where appellant worked on a yacht registered in the British Virgin Islands and was injured in the BVI because an adequate alternative forum existed since appellant had a remedy under BVI law, the Jones act did not contain a special venue provision and the district court did not abuse its discretion in balancing the private and public interest factors. Affirmed.
Respondent was suspended for six months for the unauthorized practice of law by providing advice concerning Federal securities regulation and compliance to her employer after she registered as voluntarily inactive in 1998.