state

States and territories agree to ban plastic, paper, glass and tyre waste exports

State and territory leaders have agreed to establish a timetable to work towards a waste export ban.




state

Charles Darwin University props up loss-making private colleges interstate

Questions are raised over a Northern Territory university's continued ownership of a loss-making private business colleges in Cairns, at a time when the university is being offered a multi-million-dollar NT Government bailout to keep its training sector afloat.





state

Queenslanders with vision impairment fight for access to disability parking in line with other states

Queenslanders who are visually impaired say they're at risk of serious injury in busy carparks and on roads because they don't have the right to use disability parking spaces.




state

Federal inquiry into Earle Haven announced as Premier moves to set nurse numbers in state care

A federal inquiry will examine the crisis at Earle Haven on the Gold Coast, as Queensland Premier Annastacia Palaszczuk declares state-owned aged-care homes will have nurse-to-patient ratios fixed.




state

State Crime detective stood down after drugs go missing from evidence room

A State Crime Detective Senior Constable is stood down after police discover a dangerous drug, believed to be cocaine, has been stolen from an evidence room.




state

Gel blaster popularity in Queensland surges as advocates work to keep sport legal in two remaining states

With sales rising and participation in regional Queensland gel ball leagues doubling in some areas, advocates are campaigning to ensure newcomers participate safely.




state

This coral reef at One Tree Island, near Gladstone, has shown growth of 400 per cent between 2014 and 2017, after it was devastated by Cyclone Hamish




state

Greater Sydney and NSW public transport undergo state's 'largest' timetable overhaul ever

Check your public transport timetable before leaving the house this week in Sydney and NSW as more than 9,000 new weekly train, bus and ferry services launch for the Greater Sydney network.




state

Sydney news: Interstate firefighters to aid bushfire efforts, two people fined over Harbour Bridge protest

MORNING BRIEFING: Dozens of firefighters from South Australia head to New South Wales as back-up for weary RFS workers, and two people are fined after a banner is hung from the Harbour Bridge.




state

Aussie wine exports continue to grow as industry spends big to reclaim United States market

Despite a tightening supply and smaller yields due to dry conditions, the value of Australia's wine exports has continued to grow.




state

Webinar: Labanotation Archives at The Ohio State University

Labanotation Archives at The Ohio State University Wednesday, May 6, 2020 11 a.m. – noon EST Register here Join us for a virtual experience of dance notation in the archives at Ohio State. Labanotation, a symbol system for movement preservation and transmission, is a strong presence in University Library Special Collections, interwoven into the history of OSUDance, […]




state

Ohio State: Wellness app launches, helping students connect to resources and build healthy habits | January 29, 2020

Launched on January 29, the Ohio State: Wellness app builds on the recommendations in the 2018 Suicide and Mental Health Task Force report to provide “clearer, more concise explanation of available services and access points, with more definition ...




state

Kindness at Ohio State YouTube Playlist

Take a look back at all our favorite kindness moment at The Ohio State University by viewing our YouTube playlist...




state

Kindness calls reach thousands of Ohio State students

Heading into finals week, departments and units across The Ohio State University made kindness calls to our students, checking in on them during these stressful times. <a href="https://news.osu...




state

Watch Pete Davidson become 'The King of Staten Island' in trailer for Judd Apatow comedy

Co-written by Davidson and Apatow, the new film serves as the SNL star's first big screen spotlight.





state

From &#39;Scoob!&#39; and &#39;Perry Mason&#39; to HBO Max and &#39;King of Staten Island,&#39; here&#39;s your streaming guide to the summer&#39;s movies and TV shows

Shirley (June 5, VOD) Elisabeth Moss plays celebrated novelist Shirley Jackson in Josephine Decker’s Sundance-award winning drama. The film premiered to strong reviews and word of mouth at last year’s Toronto International Film Festival.





state

Big 12 win totals: Iowa State, Texas Tech due for monster years




state

Micah Berman, Efthimios Parasidis, and Dakota Rudesill to join Ohio State law faculty

 

The Ohio State University Moritz College of Law welcomes three dynamic professors to its faculty this fall: Micah Berman, Efthimios Parasidis, and Dakota Rudesill.

“We are thrilled to add these three emerging scholars to our already distinguished faculty. They represent the tradition here at Moritz of hiring exceptional teachers whose scholarship and instruction draw from a wealth of practical experience and focus on making a difference,” said Dean Alan C. Michaels, the Edwin M. Cooperman Professor of Law. “Additionally, Professor Berman and Professor Parasidis will be instrumental in greatly strengthening the college’s footprint in the growing health law field.”




state

Ohio State University will pay out $41 million to 162 men who say they were sexually abused by a longtime team doctor

An independent review last year found that Dr. Richard Strauss had abused at least 177 male students during his tenure at Ohio State University.





state

New York State Citizens’ Coal. For Children v. Poole

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.




state

Estate of Petter v. Commissioner of Internal Revenue

(United States Ninth Circuit) - In a dispute involving the scope of Treasury Regulation section 25.2522(c)-3(b)(1) and arising from the transfer of membership units in an LLC partly as a gift and partly by sale to two trusts with simultaneous gifts of LLC units to two charitable foundations under a reallocation clause, judgment of the trial court is affirmed where Section 25.2522(c)-3(b)(1), upon trigger of the reallocation clause, does not bar a charitable deduction equal to the value of the additional units the foundations will receive.




state

In the Matter of State of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit theater corporation, filed applications for real property tax exemptions with respondent assessor and was denied. Petitioner then commenced this RPTL article 7 proceeding for review of its tax assessments. Order of the Appellate Division granting the petition is affirmed, where: 1) the statute does not elevate one exempt purpose over another, and under the circumstances, the use of property to provide staff housing is reasonable incidental to petitioner's primary purpose of encouraging appreciation of the arts through theater; and 2) petitioner has demonstrated that it is entitled to an RPTL 420-a tax exemption.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

state

In the Matter of State of Maetreum of Cybele, Magna Mater, Inc. v. McCoy

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit religious corporation that owns real property, commenced proceedings pursuant to CPLR article 78 and RPTL article 7 after respondent Board of Assessment and Review for the Town of Catskill refused petitioner's applications for tax-exempt status pursuant to RPTL 420-a. The Appellate Division's grant of the petitions is affirmed, where petitioner adequately established its entitled to the RPTL 420-a exemption, as the proof at trial established that petitioner "exclusively" utilized the property in furtherance of its religious and charitable purposes.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

state

REARDON FOR ESTATE OF PARSONS v. KING

(KS Supreme Court) - No. 114,937




state

Washington State Dept. of Licensing v. Cougar Den, Inc.

(United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment.




state

RIVERA v. STATE

(NY Court of Appeals) - No. 92




state

Federal Education Association--Stateside Region v. Department of Defense

(United States Federal Circuit) - Held that a teacher working for the U.S. Department of Defense Domestic Dependent Elementary and Secondary Schools failed to file a timely petition for review of a decision removing her from the federal service. The teacher, who argued that her procedural due process rights were violated when she was fired from her job teaching on a military base, petitioned for review of an arbitrator's decision. However, the Federal Circuit concluded that her petition for review was not timely filed and thus dismissed it.




state

Secret weapon wins state title

The state-title winning South East OzTag 13 girls team has a secret weapon: a never-say-die attitude coupled with some serious dance moves.




state

Fourth Estate Public Benefit Corp. v. Wall-Street.com

(United States Supreme Court) - Held that a copyright claimant may not commence an infringement suit until the Copyright Office registers the copyright. The plaintiff, a news organization that sued a news website for infringement, argued that the relevant date should be when the Copyright Office receives a completed application for registration, even if the Register of Copyrights has not yet acted on that application. The U.S. Supreme Court disagreed, in a unanimous opinion delivered by Justice Ginsburg.




state

The Estate of Stanley Kauffmann v. Rochester Institute of Technology

(United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings.




state

Kifle-Thompson v. State Board of Chiropractic Examiners

(California Court of Appeal) - The denial of a petition for writ of administrative mandate to review the decision of the State Board of Chiropractic Examiners (Board) revoking petitioner's chiropractic license, is affirmed as the Board's findings are supported by substantial evidence and petitioner's other claims of error are meritless.




state

Barry v. State Bar

(California Court of Appeal) - The trial court's order awarding attorney fees to defendant State Bar as the prevailing party on a special motion to strike plaintiff's complaint which sought to vacate a stipulation she had entered into with the defendant regarding two disciplinary actions against her, is reversed and remanded, where the trial court's lack of subject matter jurisdiction precluded it from awarding attorney fees under California Code of Civil Procedure section 425.16.




state

Earl v. State Personnel Bd.

(California Court of Appeal) - In this case, plaintiff parole agent was disciplined by his employer, the California Department of Corrections and Rehabilitation, for conducting a purportedly unlawful search of a residence. After an administrative hearing, the discipline was upheld by defendant State Personnel Board. Denial of plaintiff's administrative mandamus petition seeking to overturn the Board's decision is reversed, where: 1) plaintiff was entitled to actual notice of the contents of the "Letter of Intent" within one year of the date of discovery, not constructive notice by mail as perfected by his employer; and 2) service by mail was untimely as it was received after the outer limit of the relevant notification period.




state

United States Marine, Inc. v. US

(United States Federal Circuit) - In an action alleging that the government misappropriated plaintiff's trade secrets, the Fifth Circuit's decision vacating the district court’s judgment for plaintiff and remanding the case for transfer of the case to the Claims Court under 28 U.S.C. section 1631, is affirmed, where: 1) the Fifth Circuit ruling that the case must be transferred to the Claims Court is law of the case; and 2) the Claims Court has jurisdiction over plaintiff's suit because although plaintiff brought the action under the Federal Tort Claims Act, which now must give way, plaintiff is within the class of those authorized to recover upon proof of breach of contract, injury, and amount of damages, as well as a Fifth Amendment taking.




state

Lomeli v. State Dept. of Health Care Services

(California Court of Appeal) - Affirmed. Plaintiff sued medical providers for birth injuries that were paid for through Medi-Cal. The Department of Health Care Services put a lien on the monies recovered from the medical providers. Plaintiff sought to remove lien. Court held that Medi-Cal was entitled to repayment and upheld the lien.




state

Estate of Klieman v. Palestinian Authority

(United States DC Circuit) - Held that the court lacked personal jurisdiction over the Palestinian Authority and Palestinian Liberation Organization, in this lawsuit brought by the estate of an American schoolteacher who was killed in a terrorist attack in the West Bank. Affirmed a dismissal, finding that the recently enacted Anti-Terrorism Clarification Act of 2018 did not apply here.




state

IN RE: the Estate of JAMES PATRICK STEWART ROSS

(NY Supreme Court) - 529952




state

THE PEOPLE OF THE STATE OF NEW YORK v. JOSEPH BURNELL JR

(NY Supreme Court) - 110389




state

THE PEOPLE OF THE STATE OF NEW YORK v. ALEX PEREZ

(NY Supreme Court) - 111110




state

Anderson v. State Farm Mutual Automobile Insurance Co.

(United States Ninth Circuit) - Affirmed that an insurance company timely removed an insurance coverage case to federal court by filing a notice of removal within the statutory 30-day time limit. The clock began to run only when the insurance company actually received the insured's complaint, not when its statutorily designated agent did.




state

Valls v. Allstate Insurance Co.

(United States Second Circuit) - Held that homeowners were not insured for their home's allegedly defective concrete foundation. The gradual deterioration of their still‐standing basement walls did not constitute a covered "collapse" under their homeowner's insurance policy. Affirmed a dismissal.




state

Cohen v. Allstate Insurance Co.

(United States Fifth Circuit) - Held that a homeowner could not proceed with a lawsuit against an insurance company related to a claim for flood damage. Affirmed summary judgment in favor of the insurer.




state

Jozefowicz v. Allstate Insurance Co.

(California Court of Appeal) - In a dispute between a homeowner and a property insurance company over an allegedly misdirected check, held that the homeowner had no cause of action under a Uniform Commercial Code provision dealing with negotiable instruments. Affirmed summary judgment against the homeowner.




state

McGlothin v. State Farm Mutual Insurance Co.

(United States Fifth Circuit) - In an insurance coverage dispute arising out of a car crash, construed Mississippi's Uninsured Motorist Act. Held that the insurer was entitled to summary judgment in this diversity action.




state

State of Texas v. EEOC

(United States Fifth Circuit) - Affirmed. A lawsuit in which Texas complained that EEOC regulations relating to the use of criminal records in hiring was an unlawfully promulgated substantive rule properly dismissed the suit but enjoined EEOC enforcement until the agency complies with notice and comment rulemaking requirements under the Administrative Procedure Act.




state

Jeffra v. Cal. State Lottery

(California Court of Appeal) - Affirmed. Plaintiff was an investigator employed by the California State Lottery. He sued Defendant alleging retaliation in violation of the California Whistleblower Protection Act. Defendant filed an anti-SLAPP motion to strike Plaintiff’s complaint. The trial court denied the motion. The appeals court agreed finding Plaintiff had established his complaint arose from a protected activity and that he was likely to succeed on the merits of his claim.




state

Paradise Irrigation District v. Commission on State Mandates

(California Court of Appeal) - Held that local water districts were not entitled to be reimbursed by the state for the cost of complying with unfunded state mandates to improve water service. The water districts argued that reimbursement was necessary because the passage of Proposition 218 had limited their authority to levy fees. Disagreeing, the California Third Appellate District concluded that their authority to levy fees had not changed. The panel affirmed the trial court.




state

Washington State Dept. of Licensing v. Cougar Den, Inc.

(United States Supreme Court) - This case involved the State of Washington's tax on fuel importers who travel by public highway. The Yakama Nation contended that its 1855 treaty with the United States forbids that tax from being imposed upon fuel importers who are tribal members. The U.S. Supreme Court agreed with the tribe. Justice Breyer's plurality opinion was joined by only two other justices. Justices Gorsuch and Ginsburg concurred in the judgment.




state

Skulason v. California Bureau of Real Estate

(California Court of Appeal) - Reversing a trial court judgment granting writ of mandate and the award of attorney's fees in the case of a real estate salesperson who sued a state agency for publicizing her three misdemeanor convictions because they had no mandatory duty to remove from their website information about a licensee's convictions even if they were eventually dismissed.