2,685 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court properly dismissed an employee's age discrimination suit. The employer submitted evidence that it believed its swap dealer registration was imminent, and therefore restructured the employee's department based on the bank's anticipated future needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02264, Categories: Employment Discrimination
Per curiam, the appellate division finds that attorney Katherine Ann Aidala of Colorado may be reinstated following her January 2014 suspension for failing to meet registration requirements and grants her leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-71-24, Categories: Attorney Discipline
Per curiam, the Supreme Court of Ohio finds attorney Daniel Edward Perrico will be suspended from the practice of law for two years following criminal convictions that stemmed from providing alcohol to his stepdaughter and two of her friends - all of whom were under 21 - and inappropriately touching one of the friends. Although Perrico has no previous disciplinary issues and cooperated with these proceedings, he abused a position of trust with the victims - all of whom regarded him as their father - and so an actual suspension is necessary to protect the public. However, the second year will be stayed so long as he commits no further misconduct.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 2024-Ohio-1540, Categories: Sanctions, Attorney Discipline
Per curiam, the Nebraska Supreme Court accepts Robb N. Gage's voluntary surrender of his license, entering a judgment of disbarment. Gage was arrested and charged with four counts of possession of a controlled substance and had his license temporarily suspended. He pleaded no contest to the charges before filing the voluntary surrender. He has knowingly filed for voluntary surrender, meeting all requirements, and has waived all proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: S-24-061, Categories: Licensing, Attorney Discipline
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Per curiam, the circuit finds the district court improperly ordered defendant to pay $6,000 in restitution to the victim's mother. Defendant pleaded guilty to two counts of production of child pornography in exchange for the government's dismissal of five other counts. The presentence report cites inapplicable statutes and the court failed to conduct the required proximate-cause analysis. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 25, 2024, Case #: 22-11001, Categories: Restitution, Due Process, Child Pornography
Per curiam, the Nevada Supreme Court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
Per curiam, the appellate division finds that attorney Kali Chantelle Jones may be reinstated following her may 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-75-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Demetra Agriantonis may be reinstated following her January 2014 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-70-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Sabrina Alyce Nelson may be reinstated following her May 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-72-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly awarded Home Depot $1.1 million plus interest in a dispute arising from an escrow account set up in connection with the parties' asset purchase agreement, which allocated $5 million to be used to indemnify Home Depot for non-compliant products. Home Depot is entitled to damages for losses attributable to inventory it acquired in the deal that was subsequently recalled. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02256, Categories: Corporations, Business Practices, Banking / Lending
Per curiam, the court of appeals finds that the lower court properly granted the township summary judgment in claims seeking a voter referendum regarding the decision to grant a developer a rezoning ordinance because technical deficiencies contained in the petition were cured when voters rejected the ordinance. Affirmed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 367925, Categories: Civil Procedure, Municipal Law, Zoning
Per curiam, the appellate division finds that the lower court improperly granted the company's motion to dismiss fraud claims arising out of a crooked former financial controller's passing of fraudulent checks. The claim is timely under the six-year statute of limitations only to the extent based on checks drown after July 10, 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02257, Categories: Employment, Fraud
Per curiam, the court of appeals denies the inmate's petition for a writ of mandamus seeking to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: Tax, Wills / Probate, Prisoners' Rights
Per curiam, the appellate division finds that attorney Catherine Sunae Shin may be reinstated following her October 2021 suspension for failing to meet registration requirements since she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-73-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Vilas Dhar of Florida may be reinstated following his October 2021 suspension for failing to meet registration requirements and simultaneously grants him leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-74-24, Categories: Attorney Discipline
Per curiam, the Florida Supreme Court answers a certified question in the affirmative by holding that personal injury protection providers may pay 80% of a charge submitted by a medical provider even if the charge is for less than the amount reimbursable under the schedule.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: SC2022-0735, Categories: Insurance
Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: Evidence, Tort
Per curiam, the appellate division finds that attorney Eric Plant may be reinstated following his October 2021 suspension for failing to meet registration requirements because he demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-76-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly denied the patient's motion for leave to amend the bill of particulars in a medical malpractice claim. The patient's excuse that she only learned of the new claims after the parties' depositions is not reasonable, as the medical records should have informed her of these claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02262, Categories: Evidence, Medical Malpractice
Per curiam, the appellate division finds that that lower court properly denied the man's petition to be deemed a member of the NYC Employees' Retirement System based on his work for 54 days in 1997 as a provisional assistant engineer. The man never applied for membership in the pension system, and cannot not seek retroactive membership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02198, Categories: Pensions, Labor / Unions
Per curiam, the circuit finds that the district court properly denied defendant's request to vacate one conviction stemming from a terrorism-related plot to engage in coordinated suicide bombings in the New York City subway system. Because defendant was convicted of possessing a destructive device in furtherance of a crime of violence, he also was guilty of attempted terrorism as a crime of violence on the premise of aiding and abetting. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 24, 2024, Case #: 21-1438, Categories: Terrorism
Per curiam, the appellate division finds that the lower court improperly ordered the defendants to respond to the second set of interrogatories for information identifying any gifts or transfers made to family members since 1998 in this suit seeking a judgment to declare plaintiff the sole owner and stockholder of the family business. This request is overly broad and burdensome, as the only relevant period is for gifts or transfers made in 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02182, Categories: Business Practices, Discovery
Per curiam, the appellate division finds that the lower court improperly dismissed the paternal grandmother's petition for additional visitation with her grandchildren due to the mother's cancellation of visits. The grandmother is entitled to a hearing on her allegations that the mother interfered with her visitation rights and whether that conduct warrants a modification of the visitation order. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02201, Categories: Family Law
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: Tort, Indemnification
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: Employment, Contract