2,754 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that attorney Douglas Robert Schwartz may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Schwartz cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-116-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Hubert Christopher Raglan's request for reinstatement from his September 2022 suspension for failing to meet registration requirements should be denied. While Raglan cured the delinquency, he fell behind again, subjecting himself to potential new discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-110-23, Categories: Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the Ohio Ballot Board properly certified the "Right to Reproductive Freedom" constitutional amendment because the ballot initiative includes a single amendment to the Ohio Constitution. Although the amendment includes language regarding abortion, contraception and fertility treatments, the entirety of the bill is related to a single purpose, reproductive rights, and satisfies Ohio election requirements. Therefore, the voters are not entitled to a writ of mandamus to compel a reversal of the board's decision.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 1, 2023, Case #: 2023-Ohio-1823, Categories: Constitution, Elections
Per curiam, the appellate division finds that attorney Osekpor Asemota may be reinstated following his September 2022 suspension for failing to meet registration requirements since Asemota cured the delinquency, complied with the order of suspension, and demonstrated fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-111-23, Categories: Attorney Discipline
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Per curiam, the appellate division finds that attorney Steven Wayne Griegel may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Griegel cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-114-23, Categories: Attorney Discipline
Per curiam, the appellate court finds that the district court should not have denied defendant's motion to suppress related to a possession of a firearm by a convicted felon charge. The 2022 search warrant of defendant's residence was granted to find documents related to his address in connection with a possession with intent to distribute cocaine charge in 2021. However, such evidence had already been obtained thorough a utility bill and observing defendant leave the residence. Further, a police officer testified that there was nothing to suggest that defendant had committed a crime in 2022. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 1, 2023, Case #: 23-K-186, Categories: Evidence, Search
Per curiam, the appellate division finds that plaintiff, a 47-year-old law school graduate who passed the New York bar 18 years later, may not be admitted to practice in the state. After graduation, plaintiff practiced law without a license for nearly 10 years at two law firms, rising to become a partner at one firm. He eventually was discovered and prosecuted, pleading guilty to grand larceny, and served a sentence of probation. Despite a recommendation that he be admitted with conditions, plaintiff failed to establish he had rehabilitated sufficiently.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-117-23, Categories: Attorney Discipline
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: Tort, Vehicle, Due Process
Per curiam, the appellate division finds that attorney Jung Sun Lee may be reinstated following her October 2021 suspension for failing to meet attorney registration requirements because Lee cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-115-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Yun Kyung Choi may be reinstated following his September 2022 suspension for failing to meet registration requirements since Choi cured the delinquency, complied with the order of suspension, and demonstrated fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-112-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Anduena Dobroshi may be reinstated following her May 2019 suspension for failing to meet registration requirements because Dobroshi cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-113-23, Categories: Attorney Discipline
[Corrected.] Per curiam, the court of appeal finds the trial court improperly granted a company summary judgment on an individual's claims based solely upon the individual's failure to respond. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2023, Case #: 4D22-332 , Categories: Due Process
Per curiam, the Georgia Supreme Court accepts attorney Brian Walton Whiteside's petition for voluntary discipline and imposes a three-month suspension as discipline for his multiple violations of the Georgia Rules of Professional Conduct. The attorney made false statements to a client in a medical malpractice matter, failed to answer the client's requests for information and failed to advise the client that the matter was dismissed. The attorney also mishandled the same client's divorce litigation by failing to serve the wife or take any action after filing.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0579, Categories: Judiciary, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly annulled the town planning board's determination that the car dealership failed to satisfy a condition of its special use permit - that it provide proof it had the right to use an adjacent property owned by a third party. The dealership provided documentation that it had permission to use the subject parking area from its landlord, who claimed ownership over the area via adverse possession. The Board had no basis to require the dealership to resolve the legal uncertainty surrounding the landlord's ownership of the subject property to satisfy the condition of its permit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02879, Categories: Municipal Law, Property, Zoning
Per curiam, the Georgia Supreme Court upholds the board's decision denying attorney David Roberson's application for readmission to the state bar and certification of fitness to practice law. The attorney, who was disbarred in 2001, mischaracterized the circumstances leading to his disbarment during an informal conference and failed to explain his conduct during a formal hearing. The board correctly found that the attorney was not sufficiently rehabilitated because he failed to show that he takes responsibility for his actions and appreciates the harm he caused.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Z0402, Categories: Judiciary, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly dismissed a trip and fall against ConEd. The utility showed that it did no perform work at the location of the alleged street defect. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02905, Categories: Tort
Per curiam, the Georgia Supreme Court rejects the bar's notice of discipline seeking a public reprimand for attorney Craig S. Bonnell based on his abandonment of a client. It is unclear that a public reprimand would be sufficient discipline for the attorney's violations of the Georgia Rules of Professional Conduct. The attorney violated two rules which have a maximum available sanction of disbarment and two rules with a maximum sanction of a public reprimand. The information available is insufficient to allow for the imposition of discipline at this stage.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0123, Categories: Judiciary, Attorney Discipline
[Corrected.] Per curiam, the court of appeal dismisses this appeal of the court's dismissal of the homeowner's contract counterclaim against her mortgage holder who filed a foreclosure action against her. The court lacks jurisdiction, as the main action is still pending in the trial court.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2023, Case #: 4D21-2579, Categories: Banking / Lending, Contract
Per curiam, the appellate division finds that the lower court properly dismissed this legal malpractice action related to the firm's representation of the clinic in a contract action against a medical billing services provider. The clinic settled the underlying action in order to avoid potential criminal liability for fraud, so any claim that it would have fared better in the underlying litigation but for the firm's negligence is conclusory. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 31, 2023, Case #: 02863, Categories: Legal Malpractice
Per curiam, the circuit finds that the district court improperly sentenced defendant for using a firearm in a crime of violence because precedent now holds that attempted Hobbs Act robbery is not a "crime of violence." Although remand for de novo resentencing on all counts is necessary, defendant's conviction on two counts of completed Hobbs Act robbery will not be affected, as precedent did not alter the standing of such as a crime of violence. Vacated in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 31, 2023, Case #: 18-2651, Categories: Robbery, Sentencing
Per curiam, the Supreme Court of Oklahoma assumes original jurisdiction, granting the advocacy group’s petition seeking declaratory relief, denying its request for injunction of enforcement of two laws which criminalize abortion. The court holds that both bills are unconstitutional and does not reach the rest of the challenges.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: 120376, Categories: Constitution, Health Care
Per curiam, the Fifth Circuit finds the tax court properly found the temporary hospital administrator liable for trust fund recovery penalties. After the chief administrator was indicted for a scheme to defraud Medicare, the temp administrator was directed to serve. Regardless of other conflicting duties, or her resignation caused by the “toxic” working environment, she did become aware of the growing tax liability and had a duty to ensure that taxes were paid before authorizing payments to vendors or employees. She authorized checks to pay staff, utilities and vendors despite being aware that withholding taxes were due and the reasonable cause defense does not apply. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 31, 2023, Case #: 22-60024, Categories: Health Care, Tax, Medicare
[Consolidated.] Per curiam, the Georgia Supreme Court disbars attorney Ian Zimmerman for his multiple violations of the Georgia Rules of Professional Conduct. The attorney failed to communicate with clients in personal injury cases and failed to disburse the full amount of settlement proceeds in each matter.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: S23Y0492, Categories: Judiciary, Attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Albert Purola will be suspended from the practice of law for six months for charging a client more than $12,000 for five hours of work on a criminal case, as well as his refusal to issue any sort of a refund before being discharged.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 31, 2023, Case #: 2023-Ohio-1768, Categories: Attorney Discipline
[Modified.] The appeals court modifies several sentences in a false claims and lending case and denies a petition for rehearing with no change in judgment. The trial court should have allowed a false claim action to proceed against banks the state hired to manage the interest rates for variable rate demand obligations. The allegation that the banks did not fulfill their obligation to set rates as low as possible was supported with sufficiently particularized facts to clear the demurrer stage. The complaint cited a detailed analysis and bank employee corroboration to allege that the banks used a coordinated "Robo-Resetting" scheme to set rates without factoring in bond characteristics or market conditions. The state was allegedly harmed because it did not receive the paid-for services and it paid higher interest on the bonds. Reversed.
Court: California Courts Of Appeal, Judge: Per curiam, Filed On: May 30, 2023, Case #: A163264, Categories: Banking / Lending, False Claims