2,796 results for 'judge:"Per Curiam"'.
Per curiam, the appeals court finds the trial court erred in its decision in a dispute between the Delaware attorney general and the trustees over distribution of funds earmarked for charity in the last will and testament of Alfred I. duPont, a wealthy businessman and member of the duPont family connected to the prominent chemical company. The trial court incorrectly determined that the Delaware attorney general lacked standing to bring a breach of contract claim alleging, in part, that funds from the trust were unlawfully diverted from their intended purpose of prioritizing charitable payments in the state of Delaware. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2024, Case #: 23-0064, Categories: Trusts, Wills / Probate
Per curiam, the Supreme Court of Arkansas admonishes the judge for violations of judicial conduct. The judge granted the Sherriff's motion to dismiss an attorney's suit involving whether licensed attorneys are “officers of the court” and statutorily authorized to carry firearms in courthouses. The Arkansas supreme court reversed the dismissal in part, then granted the attorney emergency relief after the judge entered various stays of the supreme court's opinion. The judge's order failed to promote confidence in the judiciary. His opinion stating that the supreme court’s opinion “creates a new class of unlicensed, ...untrained, armed lawyers in courthouses...” also erodes public confidence. His duties were not performed impartially.
Court: Arkansas Supreme Court, Judge: Per curiam, Filed On: May 31, 2024, Case #: CV-24-295, Categories: Judiciary, Firearms
Per curiam, the Nebraska Supreme Court dismisses the landlord's appeal. The district court rejected the county court's finding in favor of the landlord in this eviction case and reversed. The case hinges on the question of whether or not the landlord was required to provide seven days' notice, according to Nebraska law, or 30 days per federal law. The tenant’s lease has expired, and she no longer resides in the property at issue. Therefore, the case is moot.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 31, 2024, Case #: S-23-438, Categories: Landlord Tenant, Due Process
Per curiam, the appeals court finds the trial court improperly overruled the roofing company's trade-secret objections to the insurance company's discovery demands in the parties' dispute over payment for roofing work for an insured, without reviewing the trade-secret materials or holding an evidentiary hearing. The roofing company's petition for a writ of certiorari is granted, and the trial court's order is quashed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2024, Case #: 23-2629, Categories: Trade Secrets, Discovery, Contract
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Per curiam, the appellate division finds that the lower court properly declined to dismiss a contract action for breach of a confidentiality agreement. Books and newspapers are public, but the confidentiality provision may be enforceable by former President Donald J. Trump. It is not unduly vague and simply requires further examination on remand to determine its meaning and scope. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2024, Case #: 03002, Categories: Anti-slapp, Contract
Per curiam, the appellate division finds that the lower court properly declined to dismiss a claim that failing to provide financial statements in a complex transaction amounted to a default. There is no obligatory language direct at the holding company, so it is possible that the indenture intended the manager to be the obligated party. Further evidence is needed to determine whether this is the case or whether the note should be accelerated. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2024, Case #: 02975, Categories: Banking / Lending, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a negligence suit filed by a condominium owner whose unit was damaged due to the failure of a water supply line i na neighbor's bathroom. There is no evidence that the owner contributed to the condition or had notice of it. There is no question as to whether periodic inspections should have taken place either. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2024, Case #: 03003, Categories: Negligence
Per curiam, the North Dakota Supreme Court finds that the district court properly entered criminal judgment after a jury found defendant guilty of conspiracy to possess with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2024, Case #: 2024ND106, Categories: Drug Offender, Evidence
Per curiam, the Fifth Circuit denies the Mexican immigrant's motion for review of the Board of Immigration Appeals' denial of her application for deferral of removal under the Convention Against Torture. The immigrant was convicted for distribution of meth, sentenced to prison, and ordered removed. The matter was referred to an Immigration Judge after an asylum officer determined that the immigrant had a reasonable fear of persecution if removed to Mexico. Though the immigrant's father and brother were murdered by a cartel, which had also made threats to kill the rest of her family, because she had been convicted of an aggravated felony, she was ineligible for withholding of removal. Also, the immigrant fails to support her contention that the Mexican government would be complicit in any torture.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 30, 2024, Case #: 22-60462, Categories: Drug Offender, Immigration, International Law
Per curiam, the North Dakota Supreme Court finds that the district court properly entered conviction following a jury verdict finding defendant guilty of gross sexual imposition. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2024, Case #: 2024ND105, Categories: Sex Offender
Per curiam, the court of appeals finds that the trial court improperly denied the construction company's motion to compel medical authorization for medical records in a personal injury suit stemming from an automobile accident involving one of the company's employees. Evidence of the injured party's pre-existing medical conditions at the time of the accident is relevant to the company's defense to damages, and a request for medical records for a period of five years prior to the date of the accident through the present is not overly broad.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: May 30, 2024, Case #: 01-23-00935, Categories: Tort, Damages, Discovery
Per curiam, the appellate division finds that the lower court improperly declined to dismiss a medical malpractice claim filed against a doctor who failed to diagnose the patient with reflex symptomatic dystrophy. The defense offered adequate expert testimony to prove that there was no departure from the applicable standard of care. Even if there had been, this would not have caused the injuries given the several follow up appointments that took place. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2024, Case #: 03001, Categories: Experts, Medical Malpractice
Per curiam, the South Dakota Supreme Court finds that the circuit court properly entered a 75-year sentence for first-degree manslaughter for the death of defendant's boyfriend. The sentence was within the statutory maximum and there is no indication that the sentence was outside the range of permissible choices. Affirmed.
Court: South Dakota Supreme Court, Judge: Per curiam, Filed On: May 29, 2024, Case #: 2024 SD 30, Categories: Sentencing, Manslaughter
Per curiam, the appellate division finds that the lower court improperly found for the lender in a mortgage foreclosure suit. Lenders must comply strictly with state laws requiring notice to borrowers at least 90 days prior to filing suit. Although the party here did not sign the subject note, she still executed the mortgage, which provides her with standing. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02905, Categories: Civil Procedure, Property, Banking / Lending
Per curiam, the appellate division finds that the lower court properly found for the lender in a mortgage foreclosure suit. Producing the mortgage typically establishes standing in such cases, and an endorsement in blank is valid even if it is not dated. Physical delivery of the note prior to filing suit transfers the obligation and thus the right to file. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02906, Categories: Civil Procedure, Property, Banking / Lending
Per curiam, the appellate division finds that the lower court improperly extended an unsatisfied money judgment upon a request from the party to which the judgment was assigned. The right of direct appeal ended as soon as a renewal judgment was entered since the party in question, while an assignee, was not the original one. There is no standing to sue on an assignment entered after the commencement of a suit. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02899, Categories: Civil Procedure, Enforcement Of Judgments
Per curiam, the court of appeal finds that the trial court improperly dismissed as untimely professional malpractice claims contending a business broker failed to disclose information regarding the financial health of the business since the court failed to consider whether "privity of contract" existed between the parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 29, 2024, Case #: 4D2023-0418, Categories: Civil Procedure, Negligence, Contract
Per curiam, the Georgia Supreme Court accepts attorney Ephraim L. Michael's petition for voluntary discipline and imposes a public reprimand. The attorney admitted that he violated the Georgia Rules of Professional Conduct when he failed to adequately supervise a nonlawyer assistant during settlement negotiations and failed to personally communicate with his client, resulting in an unauthorized settlement.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: May 29, 2024, Case #: S24Y0549, Categories: Judiciary, Attorney Discipline
Per curiam, the appellate division finds that Young Min Kim shall be disbarred as reciprocal discipline for his disbarment in New Jersey for practicing law while suspended and failing to answer a formal ethics complaint on allegations of fraud and dishonesty.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02917, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly dismissed a negligent driving suit filed by an injured driver. The other driver was confronted by a sudden and unplanned situation that required her to make a speedy decision, so the emergency doctrine protects her from liability. Although the other driver was not at fault, there can be more than one proximate cause of an accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02901, Categories: Vehicle, Negligence
Per curiam, the appellate division finds that the lower court improperly granted a property owner a prescriptive right of way over a driveway. The owner never used the portion of the driveway in question, but rather used a different driveway. They did not gain the right to use it via adverse possession because their use was not open and hostile for a 10-year period. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02902, Categories: Property
Per curiam, the appellate division finds that the lower court properly dismissed a negligence suit filed by a pedestrian. The sidewalk on which the pedestrian tripped and fell was not obstructed or significantly defective on the day of the accident. Defects must be of a certain quality, though not necessarily of a certain minimum height or depth, in order to provide grounds for suit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 29, 2024, Case #: 02903, Categories: Negligence
Per curiam, the court of appeal finds that the department of management services properly ruled in a widow's claims seeking additional retirement benefits from her late husband's state retirement system account because the department properly applied statute regarding the payout. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 29, 2024, Case #: 1D2023-0708, Categories: Employment, Pensions