appellate court

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1 headnote for appellate court
More than 10.000 documents for appellate court
  • The courthouse doors are closed to an alleged victim of childhood lead-paint poisoning who failed to notify the Housing Authority of Baltimore City within 180 days after being diagnosed with an elevated blood lead level, a Maryland appeals court has held. In its 3-0 decision, the Court of Special Appeals upheld Baltimore City Circuit Judge Evelyn O. Cannon's dismissal of Kevin Antoine Mitchell's $2 million claim that his exposure to lead paint while living in an HABC property caused brain damage. Mitchell did not notify the agency until nearly 19 years after the diagnosis, well beyond the 180-day requirement under the Local Government Tort Claims Act, the intermediate appellate court said.

  • Letters from jurors expressing their doubts about the defendant's guilt and describing irregularities during deliberations were not sufficient to warrant a reversal of the defendant's conviction, the has ruled. The defendant was convicted of aggravated robbery and sentenced to 15 years' imprisonment. After trial, two jurors wrote letters to the court. The first letter stated that the juror was unsure about the jury instructions, while the second letter stated that the juror did not believe the state had proved its case beyond a reasonable doubt. The second letter also alleged that the jury deliberations were improper and that the juror felt pressured to conform to the majority opinion.

  • During these last few weeks of summer, California's Sixth District Court of Appeal has issued a decision opining on the meaning of "vacation." The dec...

  • Manufacturers are not liable for the death a woman who was allegedly exposed to asbestos brought home on her husband's work clothes during the early 1960s, the Illinois has ruled in reversing a $1.5 million verdict. The plaintiff's 93-year-old mother died from mesothelioma in 2006. He filed a wrongful death suit against various asbestos manufacturers, including Honeywell, alleging that his mother was exposed to asbestos brought home on his father's work clothes when the man worked for an automotive brake manufacturer from 1962 to 1963.

  • Brooke Gray can perform all the horse dentistry she wants. But, the Western District Court of Appeals said, if she gets paid for her work, it's a crime. On Tuesday, the appellate court handed down a decision affirming one from the circuit court of Clinton County in 2011. Both decisions said Gray must be licensed as a veterinarian to legally collect money for filing horses' teeth -- a practice called "floating.

  • In a ruling likely to send ripples through the labor and employment law bar, a federal appellate court has ruled that President Barack Obama's recess appointments of three members to the National Labor Relations Board last year were unconstitutional. The ruling from the U.S. Court of Appeals for the D.C. Circuit also calls into question the authority of the head of the Consumer Financial Protection Bureau, who was appointed simultaneously with the NLRB members, and sets the stage for a showdown before the U.S. Supreme Court.

  • The state Appellate Court has upheld a lower court ruling that the town must rehire five public works employees and pay them retroactively. The employees were laid off June 30, 2010, because of budget cuts. Two already have been called back because of retirements, two found other jobs and one was out of work the whole time. The July 1 budget has three openings for them.

  • An Illinois employer may be liable for violating state and federal privacy laws by accessing personal e-mails through an AOL account a former employee had left active on her work computer. That was the conclusion reached last week by the Illinois Appellate Court in Borchers v. Franciscan Tertiary Province of the Sacred Heart.

  • Siblings who claim to be the offspring of a priest's affair with a church organist about 60 years ago cannot sue the religious society that hired him and allegedly covered up the fact he was their father, a Maryland appellate court has held. Carla A. Latty and Adrian Senna alleged that St. Joseph's Society of the Sacred Heart Inc. had a legal obligation to tell them that one of its priests, Francis E. Ryan, had broken his vow of celibacy in the late 1940s and early 1950s with organist Anna Maria Franklin Senna, and that the couple became their parents. They also alleged the Baltimore-based society was negligent in its hiring and supervision of the priest.

  • A Pennsylvania appellate court yesterday upheld a divorce decree awarding the wife the frozen "pre-embryos" created from the husband's sperm and her eggs. [B]ecause Husband and Wife never made an agreement prior to undergoing [in vitro fertilization], and these pre-embryos are likely Wife's only opportunity to achieve biological parenthood and her best chance to achieve parenthood at all, we agree with the trial court that the balancing of the interests tips in Wife's favor," wrote Pennsylvania Superior Court Judge Gene Strassburger in Reber v. Reiss.

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