255 results for 'casenum:"24"'.
Per curiam, the appellate court finds that the trial court should not have excluded medical records a plaintiff driver produced after the expiration of the discovery deadline and shortly before the first trial date. In this case, due to no fault of the parties, the trial was continued for several months, allowing ample time for additional discovery. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: March 22, 2024, Case #: 24-C-21, Categories: Evidence, Negligence, Discovery
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Per curiam, the appellate division finds that attorney Daniel Joseph O'Phelan should be suspended immediately from practice on the basis of medical incapacity. O'Phelan was removed from active status in Alaska and Hawaii due to disability, and was under investigation in New York on a client complaint when he cited physical and neurological issues in response to requests for information. That disciplinary matter is now stayed for the duration of the suspension, which will last until O'Phelan seeks reinstatement.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 21, 2024, Case #: PM-51-24, Categories: Attorney Discipline
Per curiam, the Vermont Supreme Court finds that the criminal division properly granted a man’s request for modification of bail by vacating two conditions of release. The state argues the criminal division’s interpretation of the Vermont Constitution was wrong when the conditions did not equate to holding the man without bail. The court does not see a constitutional argument because the record supports the decision. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 24-AP-060, Categories: Constitution, Bail
J. Johnson grants mandamus relief to the plaintiff driver who challenges an order granting the truck company's motion to compel an independent medical examination of him for an auto accident case. The company failed to show good cause for the examination, so the order should be vacated.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: March 21, 2024, Case #: 10-24-00028-CV, Categories: Civil Procedure, Negligence
J. Gustafson finds that the attorney general erroneously disqualified as legally insufficient a proposed ballot initiative that would amend the state constitution to create an explicit right to make and carry out decisions about one's own pregnancy, including the right to abortion. The initiative meets the constitutional separate vote requirement since it does not make two or more substantive and unrelated changes to the constitution. Also, the attorney general lacked statutory authority to append a fiscal statement to the proposed initiative, as the state budget director had already determined it would have no impact on state finances. And the attorney general shall review and prepare ballot statements in compliance with statute.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: March 18, 2024, Case #: OP 24-0052, Categories: Civil Rights, Constitution, Elections
J. Reichek conditionally grants the relator's petition for a writ of mandamus, in which it challenges a scheduling order in the underlying proceeding. The lower court's plenary power had already expired when it issued the amended scheduling order, setting the case for trial.
Court: Texas Courts of Appeals, Judge: Reichek, Filed On: March 18, 2024, Case #: 05-24-00064-CV, Categories: Civil Procedure
J. Beck finds that the lower court properly sentenced defendant for trafficking in individuals, conspiracy, involuntary servitude, prostitution and related offenses. The admission of an expert’s testimony on the behavior of sexual violence victims was properly permitted at his trial. Affirmed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: March 15, 2024, Case #: J-S03038-24, Categories: Prostitution, Conspiracy, Human Trafficking
[Consolidated.] Per curiam, the court of appeals denies the petitions for mandamus to compel the Conroe city secretary to reject certain applications to appear on the city's general election ballot. Petitioners say the applications are deficient in terms of signatures and certifications, but they have not made factual determinations and have not shown entitlement to relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 15, 2024, Case #: 09-24-00091-CV, Categories: Administrative Law, Elections, Municipal Law
Per curiam, the appellate division finds that attorney Hanna Mary Renna, suspended last year for 90 days in Florida and then reciprocally in Michigan, should be censured. Renna admitted to altering a photo pack presented to a child witness in a criminal case, which led to misidentification. Since that was impermissible under Florida case law and would also establish misconduct under New York attorney rules, censure is appropriate.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-43-24, Categories: Attorney Discipline
J. Emas finds defendant's habeas corpus petition in his case alleging two offenses of lewd and lascivious molestation of a minor under the age of 12 must be granted. In part because the child victim did not testify in person at defendant's adversary preliminary hearing, the child's two out-of-court statements prosecutors submitted at the hearing were improperly allowed as evidence by the trial court, as they qualify as inadmissible hearsay given the circumstances. No other evidence was brought to establish probable cause, so defendant must be released on recognizance.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: March 14, 2024, Case #: 24-0331, Categories: Evidence, Sex Offender, Child Victims
Per curiam, the appellate division finds that a request from suspended attorney Jerry Ray Hamling to reargue discipline taken against him and for leave to appeal to the state's high court is denied. No matters of fact or law were overlooked in suspending Hamling for two years in December 2023 following his guilty plea to falsifying business records as owner of a payroll-processing firm in Michigan, and no basis was established to appeal the suspension to the New York Court of Appeals.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-42-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Delores Felice Seligman should be suspended during pendency of an investigation into management of her escrow account for failing to cooperate. Furthermore, the Mid-Hudson Women's Bar Association should be named as a limited custodian to oversee the account, as much of it is used to pay for the health care needs of one client.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 14, 2024, Case #: PM-44-24, Categories: Attorney Discipline
J. Dietz allows plaintiff to continue claims concerning the award of a contract to procure telematic devices for installation in the U.S. Postal Service's vehicle fleet because the company sufficiently pleaded the complaint and was not required to exhaust agency-level protest procedures.
Court: Court of Federal Claims, Judge: Dietz, Filed On: March 12, 2024, Case #: 24-63, Categories: Civil Procedure, Contract
J. Burns conditionally grants the relators' petition for a writ of mandamus, in which they challenge the lower court's alleged failure to set a hearing on their dismissal motion under the Texas Citizens Participation Act. The relators acted with the required diligence in seeking the hearing, and there is no adequate remedy by appeal.
Court: Texas Courts of Appeals, Judge: Burns, Filed On: March 11, 2024, Case #: 05-24-00195-CV, Categories: Civil Procedure
Per curiam, the appellate division finds that attorney Amante Albano Pimentel may be reinstated from his September 2009 suspension for failing to meet registration requirements because he demonstrated that he complied with the suspension and possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-29-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Daniel Donahue may be reinstated from his September 2009 suspension for failing to meet registration requirements after demonstrating that he complied with the suspension order and that he possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-30-24, Categories: Attorney Discipline