Jump to Navigation

FindLaw News

Case Summaries

Education

[09/13] R.E.B. v. State of Hawaii Department of Education
Affirming in part the district court's affirmation of an administrative officer's determination that an autistic student protected by the Individuals with Disabilities Education Act was denied a free appropriate public education because a father's concerns about a child's transition from a private school into the public school system were relevant, vague plans seriously infringed the parent's ability to participate in the process, and the failure to specify a particular methodology constituted another violation, but the Department of Education wasn't required to provide a one-on-one aide with the same qualifications as a contracted skills worker

[08/29] Rachel H. v. Department of Education, State of Hawaii
Affirming the grant of summary judgment by the district court to the Hawaii Department of Education in a case under the Individuals with Disabilities Education Act where the state, through procedural error, neglected to identify the anticipated school at which special education services would be delivered to a student because the law did not require the identification of a particular school in every instance.

[08/22] M.R.; J.R., Parents of Minor Child E.R. v. Ridley School District
Reversing the District Court's denial of attorney fees in the case of parents who unsuccessfully challenged a school district's proposed educational placement for their child and later obtained a court order requiring the school district to reimburse them for the costs of the child's placement under the 'stay put provision' where the child was permitted to remain during the pending proceedings because court awarded relief, including the stay put provision, confers prevailing party status entitling them to attorney fees.

[08/14] Leiman v. ACLU
Affirming the district court's decision stating that the Individuals with Disabilities Education Act does not require a school system to instruct disabled students in the customs and practices of Orthodox Judaism as part of a 'free appropriate public education.'

[08/02] Grimm v. Gloucester County School Board
Remanding the case of a transgender student fighting school bathroom policies because the plaintiff had graduated during the pendency of the case to determine whether the issue has become moot.

[06/28] Window Rock Unified School District v. Nez
Reversing the district court's decision enjoining tribal forum proceedings in employment-related claims against two Arizona public school districts operating schools on tribal lands, remanding the case with instructions to dissolve the injunction and dismiss the cases for failure to exhaust.

Read More

Family Law

[09/15] In Re: C.M.
Reversing the order of the juvenile court directing the San Diego County Health and Human Services Agency to immediately remove a woman's child from her care if there was any evidence that the child was exposed to his stepfather or if the mother violated a restraining order arising from his domestic violence against them because the mother had not received notice she would be a restrained party, violating her procedural and substantive due process.

[09/12] Dent v. Wolf
Reversing the dismissal of the suit of a 69-year-old woman to establish her deceased father's paternity because there continues to be a justiciable controversy when a child seeks to establish the paternity of a deceased father but does not seek financial remuneration.

[08/30] In Re Luis H.
Affirming the dismissal of a dependency petition as it applied to two sons the court previously found not to have been placed at a substantial risk of harm in a case where their mother failed to protect her daughter from sexual abuse from their father, the victim's stepfather, because the court felt that they were not at risk in the same manner.

[08/25] In Re Marriage of Noemi Mendoza and Elias Cuellar
Affirming the denial of retroactive permanent spousal support because the petitioner failed to request temporary spousal support at the time of the filing of the petition for dissolution.

[08/24] MacNeil v. Berryhill
Affirming a district court decision upholding the denial of child survivors' benefits by an Administrative Law Judge for twins born by in vitro fertilization 11 years after their father's death because children conceived and born after a decedent's death are not entitled to inherit by intestacy.

[08/24] Ed v. Ashley
Affirming an order denying visitation to great-grandparents because they lacked legal standing to seek visitation despite their argument that they had standing as the psychological or de facto parent because although the statutes provide for visitation rights for grandparents if certain conditions are met the same rights are not provided for great-grandparents.

Read More

Family Law

[09/15] In Re: C.M.
Reversing the order of the juvenile court directing the San Diego County Health and Human Services Agency to immediately remove a woman's child from her care if there was any evidence that the child was exposed to his stepfather or if the mother violated a restraining order arising from his domestic violence against them because the mother had not received notice she would be a restrained party, violating her procedural and substantive due process.

[09/12] Dent v. Wolf
Reversing the dismissal of the suit of a 69-year-old woman to establish her deceased father's paternity because there continues to be a justiciable controversy when a child seeks to establish the paternity of a deceased father but does not seek financial remuneration.

[08/30] In Re Luis H.
Affirming the dismissal of a dependency petition as it applied to two sons the court previously found not to have been placed at a substantial risk of harm in a case where their mother failed to protect her daughter from sexual abuse from their father, the victim's stepfather, because the court felt that they were not at risk in the same manner.

[08/25] In Re Marriage of Noemi Mendoza and Elias Cuellar
Affirming the denial of retroactive permanent spousal support because the petitioner failed to request temporary spousal support at the time of the filing of the petition for dissolution.

[08/24] MacNeil v. Berryhill
Affirming a district court decision upholding the denial of child survivors' benefits by an Administrative Law Judge for twins born by in vitro fertilization 11 years after their father's death because children conceived and born after a decedent's death are not entitled to inherit by intestacy.

[08/24] Ed v. Ashley
Affirming an order denying visitation to great-grandparents because they lacked legal standing to seek visitation despite their argument that they had standing as the psychological or de facto parent because although the statutes provide for visitation rights for grandparents if certain conditions are met the same rights are not provided for great-grandparents.

Read More

Probate Trusts

[07/14] Lazar v. Charles Schwab Co. Inc.
Affirming the plaintiff's standing to bring a constitutional challenge under the Contracts Clause in the case of a divorced individual's attempts to claim the retirement fund of their ex following his death but affirming the claim's dismissal, application of Arizona's revocation-on-divorce statute, the holding that this statute was not preempted, the dismissal of a Contracts Clause challenge, and the transfer of the case to Arizona.

[06/30] Irvin v. Contra Costa County Employees' Retirement Ass'n
Reversing the trial court's affirmation of the Contra Costa County Employees' Retirement Association Board of Retirement's denial of surviving spouse benefits because the entry of a judgment of legal separation did not terminate a marriage and the term

[06/01] Raymond Loubier Irrevocable Trust v. Noella Loubier
In an inheritance dispute pertaining to the assets of the deceased, as conveyed to various revocable and irrevocable trusts in the deceased's name and that of his wife, the district court's dismissal of the complaint based on lack of subject matter jurisdiction is vacated and remanded where, because the plaintiff trusts are traditional common law fiduciary agreements, and, further, because they are not separate juridical entities under the relevant state law of Florida, the citizenship of their trustees controls a diversity determination.

[05/09] Higgins v. Higgins
In a trust case in which a wife agreed to hold funds in trust for her husband's elderly stepmother, and after her husband's death, the wife changed the form of the accounts and used the funds for her own purpose, the trial court's judgment in favor of wife-defendant under Code of Civil Procedure section 631.8 is reversed where, despite the form of the bank accounts, when clear and convincing evidence shows funds were transferred to an account owner to hold in an irrevocable trust for a third party beneficiary and the trustee repudiates the trust, a constructive trust may be imposed on the funds for the beneficiary's estate to prevent unjust enrichment.

[05/08] US v. Cardaci
In an action involving the Government's attempts to collect unpaid taxes assessed against a homeowner, seeking a judicial sale of the home, the district court's judgment, that a forced sale would be inequitable and order that the homeowner make monthly rent payments to the Government instead, is: 1) affirmed as to the district court?s authority to consider whether the property should be subject to a forced sale; but 2) vacated and remanded for recalculation of the ownership interests in the property and reconsideration of the equitable factors weighing for and against a sale.

[04/20] Bresler v. Wilmington Trust Co.
In a breach of contract action brought by personal representatives of an estate, the district court's judgment that trustee-defendant breached an agreement to lend money for the acquisition, maintenance, and certain investments relating to life insurance policies obtained for plaintiffs, is affirmed over defendant's arguments that the district court erred in admitting testimony from the plaintiffs' expert witness, the jury verdict including the award of damages was not supported by the evidence, and additional terms of the district court's order also were not supported by the evidence.

Read More

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

610-863-8502
Contact

Murphy & Murphy, P.C.
106 North Franklin Street, Suite 2
PO Box 97
Pen Argyl, PA 18072
Maps & Directions

Phone: 610-863-8502
610-863-9223
Fax: 610-863-3022