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Categorical
judge:"Steven Andrews"
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Double jeopardy did not bar the imposition of multiple sentences where the evidence showed that defendant separately abused each of her three children over a long period of time.
The arbitration provisions in defendants subcontracts for work on a construction project were broad enough to cover one defendants claim that it had reached a settlement agreement with its co-defendant to modify the payment terms of their original agreement.
Insurer was entitled to judgment on the pleadings in action over legal malpractice insurance because law firm, acting for an estate, had written notice of the claim against it before it was insured by insurer where beneficiaries of estate provided written notice that they were seeking to make the law firm return payments for improperly performed legal services more than a year before insurer agreed to insure law firm.
The court overruled preliminary objections regarding improper venue, because plaintiffs sued multiple defendants in a medical malpractice action, and venue was proper in any county where venue could be laid against any of the defendants.
Addressing an issue of first impression, the court held because a school district has an obligation to provide a free appropriate public education, or FAPE, to a disabled child who resides in its jurisdiction, the residency issue is intertwined with eligibility for FAPE under the Disabilities Education Act and that when intertwined with a childs claim under the act, a challenge to a residency determination must first be presented through the state administrative process.
Offender became an inmate under possession statute at the point he was committed to county jail for intake processing, and his wearing of clothes containing controlled substances at that point meant he was in possession of controlled substances as an inmate.
Publication Date: 2018-03-20 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 18-0283
The trial court erred in finding that mothers same-sex ex-wife lacked in loco parentis status in this custody brought by natural father where mother and ex-wife were married at the time of the childs birth. The court vacated in part and remanded for a custody hearing.
Publication Date: 2018-03-20 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Panella Attorneys:For plaintiff: for defendant: Case Number: 18-0289
Person who called authorities reasonably believing she was suffering from a drug overdose was entitled to immunity from prosecution under the Drug Overdose Response Immunity statute.
While defendants offered legitimate reasons for terminating plaintiff from his position with their group of Kentucky Fried Chicken restaurants, plaintiff offered evidence from which a reasonable jury could conclude that defendants proffered reasons were merely pretextual for discrimination due to his age and disability.