Civil confinement will continue for a convicted sex offender since a divided New York State Court of Appeals has ruled enough evidence was presented by the state to show he suffers from a mental abnormality, although one judge called it "junk science. The offender, identified in court papers as Shannon S., claimed his diagnosis of "paraphilia not otherwise specified" is not specifically listed in the Diagnostic and Statistical Manual of Mental Disorders, the standard of mental disorder classifications used by mental health professionals in the U.S.
Earlier this month, a jury awarded Tom Douglas and his family $91.5 million after deciding that staff in a Charleston nursing home caused the death of his dementia-stricken mother by not providing her enough food and water over a span of about three weeks in 2009. As expected, lawyers for both Douglas and Heartland of Charleston are gearing up for a likely appeal to the state Supreme Court on grounds that the huge jury award may be subject to the state's controversial medical malpractice caps.
New York State Court of Appeals Juvenile Offenses
The heightened pleading standard recently adopted by the U.S. Supreme Court does not apply proceedings, the Tennessee Supreme Court has ruled in reversing a dismissal. The plaintiff sued for retaliatory discharge , alleging that her former employer fired her for complaining about discriminatory practices at the company.
The United States system of funding schools with local property tax dollars leads to qualitative disparities across school districts. It is crucial that state courts address this problem, since no federal right to education exists. Students and parents have successfully challenged these funding systems in many states, but courts in seven states - citing the political question doctrine - have refused to review these claims. It appears that most of these states lack a coherent political question history and have used the prudential standing doctrine to avoid education claims specifically. This Note argues that the political question doctrine should not be used as an excuse to ignore educational adequacy cases in states with an affirmative constitutional right to education.
New York State Court of Appeals Criminal Trials
Take a sagging, cramped greasy spoon whose utter lack of curb appeal drove off more customers than it attracted. Knock it down and start over again in a sturdy and spacious joint with a fireplace. What you might expect is a congratulatory response - unless you're the new , which has received a lukewarm welcoming since its reopening on Fairview Avenue. The old Jerry's - with its turquoise blue and banana yellow checkered floors - had a makeshift feel to it, with one fixture of a waitress endlessly herding plates to and fro. It was the kind of place you went out of novelty and the need to stretch a buck. Once again, the service was spot on. Though the coffee at Jerry's is neither great nor strong, my cup never hit a halfway point thanks to an attentive server. Hash...
Editor's note: The full text of these decisions can be ordered at lwopinions.com. Unemployment compensationAvailabilityWhere an unemployment claimant has been refused benefits on the ground that she failed to show her availability for work, the finding of ineligibility should be upheld based on evidence that the claimant refused several temporary work assignments.An order that she repay $3,016 in benefits already received must be reversed."During the time-period in question, Kristine Kelly was working for Arbor Associates, a temporary placement employment firm, on an as-needed basis. She accepted many days' work. She collected partial unemployment benefits when she was out of work. The instant controversy arose because Arbor alleged that on a number of occasions Ms. Kelly refused work."...
An attorney for embattled Kanawha County Magistrate Carol Fouty argued in court Wednesday that the magistrate's suspension without pay has caused extreme financial hardship and amounts to a "death penalty. Fouty has been on suspension since April 10, after state Supreme Court Administrator Steve Canterbury filed an ethics complaint against her.
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