2,685 results for 'judge:"Per curiam"'.
Per curiam, defendant's appeal is denied. Defendant was convicted on two counts of arson and one count of possessing a firebomb associated with his role attempting to burn the district attorney's garage and firebomb the district attorney’s home. He was sentenced to 35 years confinement followed by 15 years extended supervision for the arson convictions, and a consecutive two-year sentence followed by three years extended supervision for the firebomb conviction. Defendant argues his sentence should be modified since he assisted law enforcement in the prosecution of a fellow inmate, but the lower court found that it did not constitute a new factor, and is therefore not eligible for sentence modification. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP002094-CR, Categories: Sentencing, Arson
A group of policemen and firefighters appeal the lower court’s decision to dismiss their action concerning retirement benefits. They began their employment in February 2000, while negotiations were underway for changes in retirement funds. When the existing fund rolled into the current fund, with the consent of the group and all other investors in the fund, certain additional benefits became available to invested employees who began working on or prior to January 1, 2000. Despite their employment beginning after that date, the group argues they are entitled to the additional benefits as if they were employed on or before the date. The lower court disagreed as does the instant court. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP1401, Categories: Employment
Per curiam, the appellate division finds that the lower court improperly dismissed an employee's race discrimination claims against the city. The employee raised an inference of racial animus through allegations of differential treatment of similarly situated white officers. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02156, Categories: Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: Education, Due Process
Per curiam, the Vermont Supreme Court grants attorney Eva Vekos’ motion to dissolve the interim suspension of her law license. Vekos cooperated with the disciplinary counsel by responding to the request for information about her medical records. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 22, 2024, Case #: 24-AP-070, Categories: Attorney Discipline
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 Massachusetts Court of Appeals vacates portions of judgments against a woman suing her dentist for allegedly sexually harassing her — such as by telling her she had the option of working as a prostitute when she expressed that she had limited options regarding her teeth — and for assault, battery, and intentional infliction of emotional distress. The woman’s complaint did not fail to allege that any of the dentist’s conduct was economically motivated, because she included that her dentist snapped off one of her teeth, told her she should proceed with an $8,500 implant and lied about her money and insurance information to get her to proceed with treatment with his office. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Per curiam, Filed On: April 22, 2024, Case #: 23-P-0319, Categories: Health Care, Medical Malpractice, Assault
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled in favor of a truck driver who sued the owners of three companies that manage the trucking operation after he was injured falling asleep behind the wheel and crashing. There is a lack of evidence to show that the truck driver was an employee of one of the owners. Furthermore, the trial court incorrectly used a pattern jury charge to define "employee," rather than a federal definition. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 19, 2024, Case #: 21-0853, Categories: Employment, Jury
Per curiam, the circuit finds the district court properly dismissed the complaint. The clean-up worker associated with the Deepwater Horizon oil spill, never having received notice he was part of the approved medical class, developed heart issues his physicians attributed to weight. The complaint does not plausibly allege that had the worker made a reasonable inquiry at the time of his diagnosis he would likely not have found he was part of the class, or able to show a causal connection between his exposure and symptoms. The claims are untimely.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 19, 2024, Case #: 23-30552, Categories: Health Care, Tort, Class Action
Per curiam, the court of civil appeals finds that the lower court properly upheld a decision of the Alabama Medical Cannabis Commission to rescind an integrated-facility license. The judgment, which concluded that the commission "had acted within its authority" in rescinding the award, is due to be affirmed, as the the appellant company fails to challenge "the third basis for the judgment in its principal brief." Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: April 19, 2024, Case #: CL-2023-0831, Categories: Administrative Law, Civil Procedure
Per curiam, the appellate division finds that attorney Zak Ahmad Aljaludi, who had been suspended for failing to meet registration requirements, should be disbarred in New York for misconduct committed in New Jersey, including misappropriation of client funds, which led to disbarment in that state. Aljaludi demonstrated a "lack of interest in his fate as an attorney" by failing to respond to the New Jersey charges, which also included misrepresentation, poor recordkeeping, and failing to cooperate with the misconduct investigation, and he similarly failed to respond to disciplinary charges brought in New York.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-69-24, Categories: Attorney Discipline
Per curiam, the court of appeals finds that the appellate division properly enhanced defendant's sentence on grounds that he violated plea conditions prior to sentencing because sufficient inquiries had been made into misconduct he allegedly committed upon returning to jail, and defendant had a chance to dispute those findings. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 40, Categories: Sentencing, Plea
Per curiam, the appellate division finds that the lower court improperly consolidated the creditor's 2016 breach of contract action against the borrower with its 2022 fraudulent conveyance action. It is inappropriate to consolidate a lawsuit sounding in contract with one sounding in tort, and the fraudulent conveyance claim will be moot if the creditor fails to win the breach of contract action. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02086, Categories: Civil Procedure, Fraud, Contract
Per curiam, the court of appeals finds that the appellate division properly dismissed slip and fall claims brought against the housing authority because the agency demonstrated it did not create the wet condition that caused the visitor to fall on the stairs and lacked constructive notice of such. Affirmed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 36, Categories: Tort
Per curiam, the appellate division finds that the lower court improperly denied the rear-ended driver's motion for summary judgment on the issue of liability. A rear-end collision with a stopped vehicle presents a presumption that the driver of the rear vehicle was negligent and the defendant bus driver presented no evidence to show the stopped driver was culpable for the accident. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02103, Categories: Vehicle
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to vehicular assault for injuring a child as passenger while driving under the influence of drugs. Defendant contends his sentence was harsh, but the underlying offense was serious, and he was a second felony offender. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112913, Categories: Sentencing, Dui
Per curiam, the appellate division finds that defendant was properly convicted based on his guilty plea to rape for engaging in sexual activity with an 11-year-old relative. Defendant challenged the imposition of the maximum term of probation, but the record indicates he failed to fully accept responsibility for the crime, insisting he was protecting a young girl who was "overly hormonal" and "super aggressive sexually." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113103, Categories: Sentencing, Child Victims
Per curiam, the appellate division finds that the lower court properly resentenced defendant for attempted robbery. Defendant contends the sentence was harsh, but his sentence should not be reduced in the interest of justice based on the fact that he admitted guilt and suffered mental health issues, as his criminal history was extensive and he had discharged a gun on a public street to prevent recovery of property he stole. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113492, Categories: Robbery, Sentencing
Per curiam, the appellate division finds that the lower court properly dismissed an inmate's request to compel recalculation of two sentences to run concurrently. Defendant was serving time for a previous crime when he was sentenced as a second felony offender for a new crime, and thus the law required that the sentences run consecutively. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: CV-23-0814, Categories: Sentencing
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by making a violent threat against staff during a telephone call because the finding was supported by the recording of the call as submitted for in camera review, along with the misbehavior report and hearing testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: CV-23-1809, Categories: Evidence, Prisoners' Rights
Per curiam, the court of appeals finds that an insurer was improperly denied summary judgment in claims seeking personal protection insurance benefits under Michigan's no-fault act because the benefits exceeded fee schedule provisions outlined in MCL 500.3157. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 362739, Categories: Insurance