2,783 results for 'judge:"Per curiam"'.
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 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 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
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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 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
Per curiam, the appellate court finds that the lower court improperly ruled in employment claims because plaintiff's past acts of child maltreatment involving domestic violence were not relevant to her current work in child care and discredit efforts plaintiff has made since that time. Thus, the office of family services may not inform her employer or any licensing agency about this past maltreatment. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: TP 23-01620 , Categories: Employment, Licensing
Per curiam, the appellate division finds that the trial court properly found for the employer in defamation claims concerning statements that had been made about the employee's professional and medical misconduct because the employer had been required to make such a report. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00146 , Categories: Employment, Defamation
Per curiam, the appellate court finds that defendant was improperly convicted of multiple counts of child endangerment and sexual abuse because several charges were duplicative, and evidence cast doubt on the exact number of instances of abuse. The state may present the vacated charges to a new grand jury. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-00437, Categories: Criminal Procedure, Sex Offender
Per curiam, the circuit finds that the district court properly dismissed trademark infringement claims contending Thom Browne used product markings resembling sneaker giant adidas' three-stripe logo. Adidas contends the jury instructions did not sufficiently focus on consumer confusion before and after sales, rather than at the point of sale, but prejudicial error had not occurred since the court emphasized the affected periods multiple times. Furthermore, testimony from an adidas expert on branding was properly blocked because his methodology was deemed unreliable in surveying the opinions of "fashionistas on the web." Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-166, Categories: Jury, Trademark, Experts
Per curiam, the court of appeals dismisses a veteran's pro se petition seeking an order requiring the VA to show cause as to why its precluding self-represented claimants from remote access to the benefits management system is not invalid. Though accessing the system in person or through a CD mailed to him is difficult and time-consuming, the court does not have jurisdiction to issue such an order.
Court: Court Of Appeals For Veterans Claims, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-2587, Categories: Government, Veterans, Jurisdiction
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: Real Estate, Contract
Per curiam, the appellate division finds that defendant was improperly convicted of kidnapping in the second degree because the lower court erroneously held that the merger doctrine did not apply, even if he had not been charged with the lesser offense of menacing. However, the court properly declined to instruct the jury on justification involving the use of ordinary physical force because evidence indicating that defendant applied force to the victim's neck to stop her from breathing could only support the conclusion that defendant used "deadly physical force."
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-01350 , Categories: Jury, Kidnapping, Menacing
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: Civil Procedure, Property
Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, Immunity, Guardianship
Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: Contempt, Attorney Fees
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly vacated the workers' compensation benefits awarded to the injured employee. His diagnosis of "paraplegia, incomplete" did not meet statutory requirements for the total loss of use of his legs. The employee was still able to stand and walk short distances without the use of a walker and, therefore, was not entitled to "loss-of-use" compensation; therefore, the lower court properly denied his request for a writ of mandamus to reinstate the benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1656, Categories: Evidence, Workers' Compensation