2,754 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds the lower court properly ruled against the insurer on its claim it is entitled to discovery to recoup defense expenses. This court twice previously held it is obligated to defend the city in the underlying action. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02662, Categories: Insurance, Contract
Per curiam, the Georgia Supreme Court disbars attorney James W. Davis III for intercepting a $3 million payment from an insurance company to a policy holder. The insurer received false wiring instructions directing it to send the funds to the attorney's trust account. The attorney converted his clients' property when he included some client funds from his trust account to partially reimburse the insurer.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: S23Y0622, Categories: Judiciary, Attorney Discipline
Per curiam, the Supreme Judicial Court of New Hampshire reverses an order upholding the determination that two owners of a trailer are not allowed to rent out their travel trailer for short term occupancy. The plain language of the relevant zoning ordinance allows such short-term occupancy rentals. Reversed.
Court: New Hampshire Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 2023-0189, Categories: Municipal Law, Zoning, Housing
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: Civil Rights, Property, Native Americans
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[Consolidated.] Per curiam, the court of appeals finds that there is no reversible error in the record relating to defendant's conviction and sentence for aggravated assault with a deadly weapon and racing on a highway causing serious bodily injury. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 14, 2024, Case #: 01-23-00737-CR, Categories: Assault, Vehicle
Per curiam, the appellate division finds that the lower court improperly found for the city Department of Education in a tort suit stemming from a student's hand injury in a metal door lacking a doorstop. The Department failed to show it lacked constructive notice of the condition, although it established it did not have actual notice of the alleged defect.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02659, Categories: Tort
Per curiam, the Oklahoma Supreme Court answers the certified question, "Where the passenger was killed in an employer-owned vehicle with liability insurance and has not shown the claim would exceed coverage, but where he also cannot recover under the policy because a worker's compensation provision bars suit against the employer, does that vehicle qualify as an uninsured vehicle?" The vehicle does qualify as an uninsured vehicle.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 120403, Categories: Insurance, Wrongful Death, Workers' Compensation
Per curiam, the appellate division finds that defendant was improperly convicted of attempted murder and assault because evidence does not indicate defendant knew his passenger was armed and planned to shoot at another person. However, evidence supported defendant's conviction for possessing a gun outside his home or business. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 13, 2024, Case #: KA 18-01371 , Categories: Firearms, Intent, Murder
Per curiam, the Arkansas Supreme Court has determined the exercise of superintending authority may be appropriate as to the request for removal of the trial judge in the underlying matter. The record shows the judge may have acted in ways that do not promote confidence in the judiciary and has possibly not been impartial.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: CV-24-295, Categories: Administrative Law, Judiciary
Per curiam, the Vermont Supreme Court finds the trial court properly ordered the ex-husband to continue providing health insurance for his ex-wife during the nisi period of their divorce until it was finalized. The ex-wife alleges that her ex-husband had violated the order by removing her coverage or reinstating the insurance before the nisi period was absolute. The ex-husband disagreed alleging the court lacked authority for him to reinstate the insurance. Therefore, the ex-husband failed to wait until the nisi period was over and was still considered married, so he violated the court’s order to reinstate. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 13, 2024, Case #: 23-AP-376, Categories: Civil Procedure, Family Law
Per curiam, the Vermont Supreme Court finds the employment security board properly adopted a decision by an administrate law judge that this employment appeal was untimely filed. The employee alleges the pandemic, her health and a mailing delay were the reasons her appeal was past the 30 days allowed for filing. The court holds that her reasons do not qualify as valid ground to extend the appeal period. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-259, Categories: Administrative Law, Employment
Per curiam, the appellate division finds that the lower court properly granted the petition to place the candidate's name on the ballot for the primary election for the Democratic nomination for the office of Village Justice of the Village of Spring Valley. The designating petition contained 409 valid signatures, two more than required to place the candidate's name on the ballot. Incorrect addresses of two registered voters is not a fatal defect requiring the signatures to be voided. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: 02654, Categories: Administrative Law, Elections
Per curiam, the Louisiana high court finds that the defense counsel did not object to the trial court's denial of twelve peremptory challenges during voir dire in defendant's trial for failure to register and notify as a sex offender. Therefore, defendant's conviction for failure to register and notify as a sex offender is reinstated. Reversed.
Court: Louisiana Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2023-K-00501 , Categories: Jury, Sex Offender
Per curiam, the Vermont Supreme Court finds the lower court properly terminated a father’s parental rights to his child. There was sufficient evidence to support the determination that the father had “stagnated in his progress toward reunification.” Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 24-AP-019, Categories: Family Law, Guardianship
Per curiam, the appellate division finds that the trial court improperly ruled in product liability and personal injury claims contending an airbag caused fatal injuries by deploying unexpectedly after the decedent's vehicle collided with a deer because evidence indicates the airbag deployed only after the decedent parked the vehicle following the collision and turned to check on the passengers, then the deer. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 10, 2024, Case #: CA 22-01732 , Categories: Product Liability
Per curiam, the court of appeal finds that the trial court improperly summarily denied defendant's appeal from his burglary conviction and sentenced him to 15 years in prison because the record does not refute defendant's challenge to being designated a prison releasee reoffender, and he was entitled to a hearing. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 2D2023-1114, Categories: Burglary, Sentencing
Per curiam, the Vermont Supreme Court finds that the post-conviction court properly dismissed defendant’s previous claims of ineffective assistance on grounds that the victim was not cross-examined regarding the number of stab wounds to her abdomen. The plea agreement did not restrict the state from presenting additional facts. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-238, Categories: Evidence, Ineffective Assistance, Sentencing
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: Ineffective Assistance, Murder
Per curiam, the Texas Supreme Court grants a company's petition for mandamus relief in a premises liability case filed by a guest who was injured during her stay at a resort owned by the company. After failing to answer the guest's suit, the trial court signed a default judgment against the company. The judgment was drafted by the guest's counsel and contained language noting it as the "Final Default Judgment." Despite its language, the judgment is not final and the company should be allowed to challenge the default judgment.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-1100, Categories: Civil Procedure, Tort
Per curiam, the Texas Supreme Court finds that the court of appeals improperly approved damages awarded to a woman who sued a truck driver and his employer after being injured in an accident. The truck driver moved for a mistrial after the woman's attorney said that the driver's suggestion of damages was lower because she was a woman and African-American, which the court denied. The accusation made by the woman's counsel created incurable harm to the jury, thus necessitating the case to be revisited. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 22-0521, Categories: Jury, Vehicle
Per curiam, with Justices Chutich and Procaccini taking no part, the Minnesota Supreme Court grants the Democratic-Farmer-Labor Party chair's petition seeking decertification of the Legal Marijuana Now Party as a major Minnesota political party. The statute establishing that major parties meet requirements including the establishment of state central and executive committees and local conventions and committees does not violate the party's First Amendment associational rights, and Legal Marijuana Now has not satisfied all of the statutory requirements.
Court: Minnesota Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: A24-0216, Categories: Constitution, Elections, First Amendment