2,682 results for 'judge:"Per curiam"'.
Per curiam, the appeals court finds the trial court made no error in denying defendant's motion for a pretrial bond in the case in which he and another person are charged with the premeditated murder of a law enforcement officer. Even though defendant's co-defendant was granted pretrial bond, the evidence in the case, including testimony from a detective saying the co-defendant was not the shooter, supports the trial court's findings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 8, 2024, Case #: 24-0350, Categories: Murder, Bail
Per curiam, the Supreme Judicial Court of Massachusetts determines that, where the defendant is a juvenile with executive functioning issues and learning disabilities that make it difficult if not impossible for him to understand court procedure without specialized instruction, “the ability to propose, finance, order, and compel remediation programming falls beyond the purview of the court.” Discharged and remanded.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 7, 2024, Case #: SJC-13466, Categories: Competence, Juvenile Law, Murder
Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: Insurance, Contract
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Per curiam, the appellate division dismisses the tenant's appeal from a lower court order finding for the landlord on its claims for unpaid rent. The tenant's mental health services business was considered essential under the Covid-19 pandemic executive orders, so the guaranty law precluding enforcement of its commercial lease does not apply.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02494, Categories: Landlord Tenant
Per curiam, the Supreme Court of Ohio finds attorney Jack Herchel VanBibber will be suspended from the practice of law for two years for multiple criminal convictions stemming from traffic violations, his failure to comply with court orders related to those convictions and his refusal to cooperate with the ensuing disciplinary investigation. VanBibber continued to drive on a suspended license even after an OVI conviction, led police on a chase through a residential area after being pulled over and showed little respect to disciplinary proceedings when he refused to cooperate initially. However, because he has an otherwise clean disciplinary record, his suspension will be stayed so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 7, 2024, Case #: 2024-Ohio-1702, Categories: Sanctions, Attorney Discipline
Per curiam, the Seventh Circuit finds that the lower court properly determined defendant is not entitled to a reduced sentence under the First Step Act. Defendant was convicted in 1998 of engaging in a continuing criminal enterprise (CCE) by managing the drug-trafficking operation of the Latin Kings street gang in Chicago and sentenced to life in prison. CCE convictions are not covered offenses under the Act because the statutory penalties of 20 years to life were not altered by the Fair Sentencing Act. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-1318, Categories: Drug Offender, Sentencing, Gangs
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: Insurance, Property, Jurisdiction
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: Civil Procedure, Civil Rights, Education
Per curiam, the appellate division finds that the lower court properly granted the worker partially summary judgment as to liability on his labor law claim stemming from his injury while attempting to install an air conditioning coil unit at defendants' premises. When the power was cut, the unit fell on his knees and the worker was injured attempting to hold the unit to prevent it falling on his coworker below. Defendant is responsible for failing to ascertain whether there were live wires in the vicinity of the work and protect the worker against electric shock. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02497, Categories: Employment, Tort
Per curiam, the appellate division finds that the lower court improperly denied the insurance fund's motion seeking $943,000 from the company for amounts due under the policy. The business failed to show that the fund miscalculated the premiums owed under its policy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02498, Categories: Insurance, Contract
Per curiam, the circuit finds that attorney George Adrian Rusk should be publicly reprimanded for his conduct in a 2022 appeal that was dismissed as frivolous. The order advises Rusk that similar future misconduct will result in more severe discipline and requires that he attend continuing legal education programs on both federal appellate practices and appellate brief writing.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-90006-am, Categories: Attorney Discipline
Per curiam, a panel of the 11th Circuit finds that the district court properly ruled in favor of the store and held the shareholder personally liable for unpaid judgments entered in the store's favor and against the corporation on the store's underlying breach of contract claims. The district court did not commit any error in piercing the corporate veil at the summary judgment stage. The shareholder was an alter ego of the corporation. He used the corporation to evade Florida's statutory rule of priorities by moving money from a shared personal and corporate account instead of paying the store. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: May 6, 2024, Case #: 23-10922, Categories: Enforcement Of Judgments
Per curiam, the Supreme Court of Colorado finds former Arapahoe County District Court Judge John E. Scipione will be publicly sanctioned and required to pay attorney fees for disciplinary proceedings related to his violation of eight judicial conduct rules. Scipione used his position as a judge to seek intimate relationships with subordinate employees on at least three occasions, sexually harassed at least one employee, and failed to disclose intimate relationships with former law clerks and other personnel. While his resignation ensures he will commit no further misconduct, he will also be required to pay $51,000 in attorney fees. Affirmed.
Court: Colorado Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: 2024CO23, Categories: Judiciary, Attorney Fees, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves the Lee Griffin's resignation. Griffin is aware the bar is investigating grievances filed against her, including that she allegedly failed to disburse funds transferred to her upon the sale of marital property in three separate divorce proceedings, as well as failing to take action to seek grandchildren visitation rights on a client's behalf with attorney fees having been paid in advance. She also has pending criminal charges for embezzlement. The attorney's resignation was freely and voluntarily entered.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7650, Categories: Administrative Law, Fiduciary Duty, Attorney Discipline
Per curiam, the Oklahoma Supreme Court approves the Joseph Dewayne Kalka's resignation. Kalka pleaded guilty to charges of domestic abuse by attempted strangulation of his wife and striking her head, face and body. The attorney's resignation affidavit was freely and voluntarily entered, with full awareness of the consequences.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 6, 2024, Case #: SCBD-7576, Categories: Administrative Law, Assault, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault and strangulation. The court did not deny defendant his right to a speedy trial since the time periods in question were excluded as a reasonable time in which the state could respond to defendant's filings. The evidence also supported the finding that defendant was the initial aggressor and that prior uncharged acts of domestic abuse were relevant to prove motive and intent. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02379, Categories: Assault, Domestic Violence, Speedy Trial
Per curiam, the court of appeals finds the change in calculation of time served credits earned by inmates did not violate the inmate's constitutional rights under the ex post facto clause. The alteration was not a law, but was actually an administrative directive that does not implicate the constitution. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Per curiam, Filed On: May 3, 2024, Case #: AC46226, Categories: Ex Post Facto, Habeas, Sentencing
Per curiam, the appellate division finds that the trial court should have upheld an arbitration award because the arbitrator's findings were well-reasoned and remained consistent with the parties' collective bargaining agreement. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00699 , Categories: Arbitration
Per curiam, the appellate division finds that the trial court properly declined to disqualify a law firm from representing plaintiff in debt collection and contract claims because the record does not indicate the firm's attorneys were involved in a substantially related lawsuit. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00199 , Categories: Civil Procedure, Contract
Per curiam, the Kansas Supreme Court finds a lower court properly disciplined an attorney for violating the state's rules of professional conduct, which resulted in a suspension to practice law. The attorney argued that he was stressed out over his obligations to maintain his practice and administrative duties. However, his client, who faced criminal threats and battery toward a law enforcement officer and domestic violence, presented sufficient evidence in court that he withheld submitting a plea agreement on his behalf in order to collect his fees ahead of time.
Court: Kansas Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: 126270, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly terminated a father's parental rights based on evidence that the father failed to prepare for the child's return and failed to address his dangerous delusional thinking. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CAF 23-00038, Categories: Family Law
Per curiam, the appellate court finds that the trial court properly ruled in breach of contract claims brought by plaintiff for failure to bring fraud claims related to services in converting his dental practice. However, conversion claims should be reinstated in light of text message evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00885 , Categories: Fraud, Conversion, Contract
Per curiam, the appellate division finds that the lower court properly found for a lender in a $230 million real estate financing claim. The term sheet gave the lender an exclusive right to provide the loan within a certain time period, in which the borrower failed to secure enough equity financing. This permitted the lender to recover one percent of the loan amount in liquidated damages under the exclusivity clause. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02384, Categories: Real Estate, Banking / Lending
Per curiam, the appellate division finds that the lower court properly convicted defendant of assault, but should only have convicted on one charge. The evidence, including testimony from a police officer, shows that he spat on an elderly victim and punched him in the face. Also, his ineffective assistance of counsel claim fails because the record does not permit review of it. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: Ineffective Assistance, Assault
Per curiam, the appellate division finds that the lower court properly convicted defendant of robbery and sentenced him to 10 years in prison. The court should have suppressed defendant's statement to police that he had been in the cab when the robbery happened because it was not made spontaneously and violated his Miranda rights. However, the error was harmless in light of the overwhelming evidence that he robbed the victim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: Miranda, Robbery