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The First Circuit upheld the rejection of Petitioner’s motion to reopen his removal proceedings by the Board of Immigration Appeals (BIA) and denied his petition for judicial review, holding that Petitioner failed to demonstrate due diligence in filing his untimely motion to reopen. Petitioner waited four and one-half years before moving to reopen his removal proceedings. The BIA denied the motion to reopen as untimely, finding no basis for equitable tolling, concluding that Petitioner had not exercised due diligence in filing his motion. The First Circuit affirmed, holding that the BIA did not commit a material error of law and did not exercise its authority arbitrarily, capriciously, or irrationally by denying the motion to reopen. View "Pineda v. Whitaker" on Justia Law

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In this case involving the State Correctional Officers’ Bill of Rights and the interplay between Md. Code Ann. 10-910(b)(1) and 10-910(b)(6), the Court of Appeals reversed the judgment of the Court of Special Appeals concluding that an appointing authority may not have the opportunity to hold another penalty-increase meeting after the thirty-day deadline for issuing a final order when recording equipment malfunctioned preventing the substance of the initial meeting from being captured “on the record,” holding that the proper remedy for the unforeseen technological glitch is that the parties must reconvene for another meeting to be held on the record. Section 10-910(b)(1) provides that [w]ithin 30 days after receipt of” the hearing board’s recommended penalty, “the appointing authority shall…issue a final order.” Section 10-910(b)(6) states that “the appointing authority may increase the recommended penalty” if the appointing authority “meets with the [charged] correctional officer and allows” the officer “to be heard on the record.” The Court of Appeals concluded in this case that the appointing authority’s failure to satisfy the “on the record” requirement was incurable after the thirty-day deadline. The Court of Appeals reversed, holding that because the technical failure could be easily cured with a remand and because the appointing authority must protect the due process rights of a charged correctional officer by adhering to all the enumerated procedures, remand was required to cure the procedural defect. View "Baltimore City Detention Center v. Foy" on Justia Law

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Plaintiffs have failed to raise a genuine issue of material fact on whether racial considerations predominated the City of Los Angeles's redistricting process. The Ninth Circuit affirmed the district court's protective order and its order granting summary judgment for the City in an action alleging that race was the predominant motivator in drawing the boundaries of council districts in the Council District 10 redistricting ordinance. Viewed in the light most favorable to plaintiffs, the panel held that the record failed to show that successive boundary amendments were driven predominantly by racial considerations. Rather, the Commission sought to rebalance the populations in each Council District, while preserving communities and unifying as many Neighborhood Councils as possible in a single Council District. The panel also held that the legislative privilege protected local officials from being deposed. View "Lee v. City of Los Angeles" on Justia Law

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The Supreme Court reversed in part and affirmed in part the judgment of the Appellate Court reversing the trial court’s grant of summary judgment in favor of the Commissioner of Transportation on the ground that Plaintiff’s personal injury action was barred by sovereign immunity, holding that the waiver of sovereign immunity under Conn. Gen. Stat. 13a-444, the state’s highway defect statute, extended to Plaintiff’s claim that the state police failed to close a bridge before a crew from the Department of Transportation could arrive to address an icy surface on that bridge. Specifically, the Supreme Court held (1) the waiver of sovereign immunity under section 13a-144 extends to the actions of state employees other than those employed by the commissioner, but only to the extent those employees are performing duties related to highway maintenance and the plaintiff proves that a relationship exists between the commissioner and the state employee such that the commissioner can be found to have breached his statutory duty to keep highways, bridges, or sidewalks in repair; and (2) in this case, there was no evidence indicating that the requisite relationship existed between the commissioner and the state police, and therefore, the commissioner could not be held liable for the failure of the state police to close the bridge. View "Graham v. Commissioner of Transportation" on Justia Law

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Mother appealed a superior court order that adjudicated her son, B.C., a child in need of care or supervision (CHINS). She challenged: (1) the court’s admission of evidence of father’s out-of-court statements; (2) the court’s reliance on findings from a prior CHINS determination; and (3) the sufficiency of the evidence, especially given that B.C. was in the custody of the Department for Children and Families (DCF) when the State filed the petition. The Vermont Supreme Court concluded the family division erred by admitting evidence of father’s out-of-court statements, and that without that testimony, and in light of the court’s findings with respect to other evidence, the remaining evidence would be insufficient to support a CHINS determination. Accordingly, the Supreme Court reversed the trial court’s order. View "In re B.C." on Justia Law

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Plaintiffs appealed a trial court’s order granting defendants’ motion for summary judgment on their negligence claims. Plaintiffs were Jordan Preavy’s mother, Tracy Stopford, in her individual capacity and as administrator of his estate, and his father, Sean Preavy. They alleged their son tcommitted suicide as a result of being assaulted by some of his teammates on the Milton High School football team, which, according to plaintiffs, the school negligently failed to prevent. On appeal, plaintiffs argued the court did not properly apply the summary judgment standard nor the appropriate duty of care and that it erred when it concluded that plaintiffs failed to prove that the assault was foreseeable and that it was the proximate cause of Jordan’s suicide. Further, plaintiffs argued the court improperly imposed a monetary sanction on their attorney after finding that he engaged in a prohibited ex parte communication with defendants’ expert witness. Finding no reversible error, the Vermont Supreme Court affirmed. View "Stopford v. Milton Town School District" on Justia Law

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The superior court terminated a father’s parental rights to his son, finding that the child was in need of aid because of abandonment, neglect, and the father’s incarceration and that the Office of Children’s Services (OCS) had satisfied its statutory obligation to make reasonable efforts to reunify parent and child. The father appealed, arguing these findings were unsupported by the evidence. The Alaska Supreme Court agreed with the father: the record showed he initiated efforts to visit the child, who was already in OCS custody, as soon as he learned of his possible paternity; that during the father’s subsequent incarceration he had visitation as often as OCS was able to provide it; and that OCS never created a case plan to direct the father’s efforts toward reunification. The Supreme Court concluded it was clear error to find that the child was in need of aid and that OCS made reasonable efforts toward reunification, and reversed the termination decision. View "Duke S. v. Alaska, Dept. of Health & Social Services, Office of Children's Services" on Justia Law

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Steven Levi appealed a superior court decision affirming a Department of Labor and Workforce Development order requiring him to repay several months of unemployment insurance benefits plus interest and penalties because he under-reported his weekly income while receiving benefits. Based on a Department handbook, Levi argued he was not required to report his wages unless he earned more than $50 per day. The Alaska Supreme Court determined Levi’s reading of the handbook was unreasonable. Nonetheless, the governing statute required a reduction in benefits whenever a claimant’s wages were more than $50 per week. Levi made other arguments, but the Court found no merit to any of them. The Court affirmed the superior court’s decision. View "Levi v. State, Dept. of Labor and Workforce Development" on Justia Law

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Winter wheat farmers could purchase insurance to protect against below-average harvests. The policies at issue here offered yield protection. On July 1, 2014, the Federal Crop Insurance Corporation (“FCIC”) published an interim rule to implement the 2014 Farm Bill. In that interim rule, the FCIC warned that the APH yield exclusion “may not be implemented upon publication” because “[p]roduction data availability and intensive data analysis may limit FCIC’s ability to authorize exclusions of yields for all APH crops in all counties.” Therefore, the FCIC amended the Common Crop Insurance Policy (CCIP) Basic Provisions (the actual terms of the insurance policy offered for sale) “to allow the actuarial documents to specify when insureds may elect to exclude any recorded or appraised yield.” The revised CCIP Basic Provisions stated that farmers “may elect” the APH yield exclusion “[i]f provided in the actuarial documents.” The deadline for winter wheat farmers to purchase insurance for the 2015 crop year was September 30, 2014. When Plaintiffs purchased insurance, they elected to use the APH yield exclusion. But in a letter dated October 31, 2014, the USDA notified insurance providers that the APH Yield Exclusion would not be available for winter wheat for the 2015 crop year. The letter stated that insurance providers could respond to farmers’ elections by pointing them to the USDA’s “actuarial documents,” which did not yet “reflect that such an election is available.” Plaintiffs sought review of this denial through the USDA’s administrative appeals process. An administrative judge determined that she lacked jurisdiction over Plaintiffs’ challenge because the October 2014 letter to insurance providers was not an adverse agency decision. Plaintiffs then appealed to the Director of the National Appeals Division. The Director found that the October 2014 letter was an adverse agency decision, but affirmed the FCIC’s decision not to make the APH yield exclusion available to winter wheat farmers for the 2015 crop year. Plaintiffs appealed the Director’s decision to the United States District Court for the District of Colorado. The district court reversed the Director’s decision and remanded the case to the FCIC with instructions to retroactively apply the APH yield exclusion to Plaintiffs’ 2015 crop year insurance policies, reasoning the applicable statute unambiguously made the APH yield exclusion available to all farmers on the day the 2014 Farm Bill was enacted. Finding no reversible error in the district court’s judgment, the Tenth Circuit affirmed. View "Ausmus v. Perdue" on Justia Law

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The Supreme Court affirmed the finding of the Workers’ Compensation Court that Employee, who was injured during the course and scope of her employment, had reached maximum medical improvement prior to the stroke she suffered approximately three weeks after she filed her petition in the compensation court seeking temporary and permanent disability benefits and the compensation court’s award of permanent total disability, holding that the compensation court did not err. The stroke suffered by Employee was unrelated to her work injury or treatment and left Employee largely incapacitated. The compensation court awarded Employee permanent total disability benefits, thus rejecting Employer’s contention that the occurrence of the stroke relieved Employer of the ongoing responsibility to pay total disability benefits. The Supreme Court affirmed, holding that the compensation court did not err in (1) finding Employee reached maximum medical improvement prior to her stroke; (2) finding Employee was permanently and totally disabled; and (3) finding the stroke had no impact on Employee’s entitlement to ongoing permanent total disability benefits. View "Krause v. Five Star Quality Care, Inc." on Justia Law