2,759 results for 'judge:"Per curiam"'.
Per curiam, the Ninth Circuit vacates a district court’s order granting judgment on partial findings against the Stillaguamish Tribe of Indians for determining the Tribe’s usual and accustomed fishing grounds under the Treaty of Point Elliott. The district court determined that the Tribe’s fishing grounds did not include the marine waters of Port Susan, Skagit Bay, Saratoga Passage, Penn Cove, Holmes Harbor or Deception Pass. The district court properly applied the law of the case and its various sub-proceedings, however, it did not make sufficient factual findings to enable this court’s review.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 21, 2024, Case #: 23-35066, Categories: Native Americans, Water
Per curiam, the Fifth Circuit finds the district court properly granted summary judgment to the employer. The employee resigned and filed suit for failure to accommodate her disability--a diagnosed anxiety disorder-- after being subjected to stalking, cyberstalking, and harassment by the girlfriend of one of her co-workers. The employee did not notify the employer of her disability until later, and it was accommodated then. Certain employer actions were isolated incidents, insufficient to establish a hostile work environment, and the employee did not properly plead retaliation and constructive discharge, raising those claims first in her response to the summary judgment motion. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 21, 2024, Case #: 21-20547, Categories: Employment Discrimination, Employment Retaliation
Per curiam, the circuit finds that the district court properly dismissed securities claims as moot because the alleged violations were cured while the case was pending. Plaintiff, an Israeli 3D printing and manufacturing firm, contends the 10 defendants failed to disclose they acted as a group in acquiring more than 5% of its American Depository Shares, but defendants' amended regulatory filing detailed the dispute and listed possible outcomes, satisfying disclosure requirements. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 20, 2024, Case #: 23-1141-cv, Categories: Civil Procedure, Securities
Per curiam, the Eighth Circuit finds a lower court properly remanded a class of consumers' "automatic rerouting mechanisms" violations against a health system to state court. The health system argued that the proper venue to hear class claims is in federal court. However, the class of consumers' sufficiently showed that state court is the authority given that its platforms are not government websites. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: May 17, 2024, Case #: 23-2816, Categories: Health Care, Jurisdiction, Class Action
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Per curiam, the appeals court finds that the trial court properly granted summary judgment to the American Association of Orthopaedic Surgeons and American Academy of Orthopaedic Surgeons in this defamation and civil conspiracy case. The suing physician alleges there were genuine issues of material fact remaining in his claims for defamation and conspiracy, which should have precluded summary judgment. The case is remanded to fix a typographical error; “the order should have dismissed Counts II-XVII.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 17, 2024, Case #: 6D23-1614, Categories: Defamation
Per curiam, the Indiana Supreme Court finds that Judge Scott Norrick should be suspended without pay for 45 days for presiding over cases in which his son served as an attorney and failing to timely process cases, which caused the dismissal of 16 criminal matters.
Court: Indiana Supreme Court, Judge: Per curiam, Filed On: May 17, 2024, Case #: 24S-JD-35, Categories: Judiciary
Per curiam, the circuit finds that the district court improperly found for an employer in race-based employment discrimination claims because pro se plaintiff did not receive discovery information or information about how to request such, and she was not informed how to defeat a summary judgment motion.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 17, 2024, Case #: 23-197, Categories: Civil Procedure, Employment Discrimination
Per curiam, the Texas Supreme Court finds that the court of appeals properly and improperly ruled on the certification of a class in a suit brought against two hospitals by patients who allege they were charged fees without receiving proper notice. The court of appeals held that one rule requirement under the Texas Deceptive Trade Practices Consumer Protection Act had not been met to allow their certification as a class. When the court of appeals determined the patients failed to meet the requirements as a class under the rule, it should have held that the requirements to all claims had not been met, thus resulting in the decertification as a class entirely. Reversed in part.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 17, 2024, Case #: 23-0039, Categories: Health Care, Class Action
Per curiam, the appeals court finds that the lower court improperly adjudicated appellant guilty of indirect contempt in his dependency case. The community care provider’s testimony relating to appellant’s alleged rule violations is not an affidavit. Furthermore, the provider testified she had “no personal knowledge of the relevant facts” of the case. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 17, 2024, Case #: 2D2023-1300, Categories: Contempt
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to attempted drug sales. Defendant contends his appeal waiver was invalid, but while the written waiver was overly broad, the court's oral colloquy cured any defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 113671, Categories: Drug Offender, Plea
Per curiam, the appellate division finds that the lower court improperly dismissed the building owners' claim that the city's Local Law 97, which targets building emission limits to combat climate change and improve air quality, is preempted by New York State's Climate Leadership and Community Protection Act. A reasonable reading of the state law could understand the law as prohibiting local legislation that limits the state's authority to implement greenhouse gas emissions reduction measures. However, the owners' due process claims were correctly dismissed. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02754, Categories: Environment, Municipal Law, Preemption
Per curiam, the appellate division finds that the lower court properly found for the city in a dispute over its finding that the property owners received an overpayment on their Build it Back Better Grant, a Superstorm Sandy disaster recovery program, and must repay $222,000. The property owners made an inaccurate claim of the amount of insurance proceeds they received, violating their obligations under the terms of the grant. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02761, Categories: Administrative Law, Property
Per curiam, the Supreme Judicial Court of Massachusetts upholds the denial of a homeowner’s motion to vacate a judgment, to amend a complaint and to impose sanctions against mortgage servicers and their counsel. The homeowner fails to demonstrate extraordinary circumstances warranting the relief that he seeks. Affirmed.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: SJC-13459, Categories: Property, Housing, Foreclosure
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury convicted defendant of murder under circumstances manifesting extreme indifference to the value of human life. Sufficient evidence supports the conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 16, 2024, Case #: 2024ND100, Categories: Evidence, Murder
Per curiam, the appellate division finds that attorney Devon Joseph Casertino should be censured for failing to abide by terms set for his conditional admittance to the bar, including that he associate with an experienced lawyer and refrain from engaging in solo practice. Meanwhile, the parties jointly agreed to discipline in the form of censure. However, Casertino's pending request to discontinue those conditions should be denied as inadvisable at this time.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: PM-94-24, Categories: Attorney Discipline
Per curiam, the court of appeals finds that the appellate division properly held that shareholders of an acquired Canadian oil and gas company were not entitled to bring breach of contract claims because the contract unambiguously stated that such could be brought only by "required holders" meeting a defined ownership threshold. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: May 16, 2024, Case #: 48, Categories: Contract
Per curiam, the appellate division finds that the lower court properly awarded the defendant engineering firm attorneys fees after it won a $428,000 judgment. The firm is entitled to fees under the parties' subcontract, and New York law applies to the fee request because the court ruled in plaintiff's favor on the inapplicability of the Virginia choice-of-law clause in the subcontract. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 16, 2024, Case #: 02752, Categories: Choice Of Law, Attorney Fees, Contract