2,681 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking damages for business losses due to the store's inability to use its premises during the Covid-19 pandemic. The store cannot show that a physical loss occurred in order to trigger coverage under the policy. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02091, Categories: Insurance, Covid-19, Contract
Per curiam, the appellate division finds that attorney Scott Pinsky of California may resign from the New York bar for nondisciplinary reasons. His request was initially opposed since he was not current on registration requirements, but Pinsky supplied a supplemental affidavit demonstrating compliance.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: PM-68-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty pleas to drug possession in two indictments. Defendant contends the concurrent parts of his sentence were harsh, but he secured a "highly advantageous" plea agreement despite having an extensive criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 112056, Categories: Drug Offender, Sentencing, Plea
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to robbery for forcibly taking a wallet from a woman outside a store, as defendant's claim that his sentence was harsh was precluded by his valid appeal waiver. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 113230, Categories: Robbery, Sentencing, Plea
Per curiam, the circuit finds the district court improperly denied the inmate's motion for compassionate release. The inmate suffers from a pituitary macroadenoma, a malignant brain tumor. The district court did not give the necessary “specific factual reasons for its decision,” summarily mentioning only factors and pleadings. The record is insufficient to review the inmate's claim she suffers from terminal cancer, and for which she has received inadequate care. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-50400 , Categories: Health Care, Due Process, Prisoners' Rights
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 circuit finds that defendant's request to reinstate his appeal should be again remanded as brought from the lower court's refusal to modify a condition of probation that prohibits him from having direct contact with minors, including his own children, without approval. Action had not been taken on remand within 30 days, and the issue should be heard by a different judge this time around.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-6145, Categories: Criminal Procedure, Probation
Per curiam, the circuit finds that the district court properly dismissed class securities fraud claims brought after a spinoff of Honeywell International filed for Chapter 11 bankruptcy due to legacy asbestos indemnity issues because the class failed to plead scienter with sufficient specificity to establish that the spinoff recklessly assured investors of its financial health while planning for bankruptcy. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-668-cv, Categories: Bankruptcy, Fraud, Securities
Per curiam, the circuit finds the applicant's skill set, which rendered her capable of performing numerous, readily available jobs, precluded her from receiving disability benefits; therefore, the administrative law judge properly denied her appeal. Affirmed.
Court: 6th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 23-1466, Categories: Evidence, Social Security
Per curiam, the appellate division finds that the lower court improperly denied the police officer's petition to serve a late notice of claim on the city in a slip and fall suit. The officer's line-of-duty injury report provided the city timely notice of the essential facts constituting the claim. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02058, Categories: Civil Procedure, Tort
Per curiam, the appellate division finds that the lower court properly denied the summer camp's motion to dismiss claims that a camper was sexually abused by a coach while attending football camp in the 1970s. The camper was a resident of New York at the time of the alleged abuse, so he can avail himself of the extended statute of limitations under the Child Victims Act even if the camp was located in Vermont and Massachusetts. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02074, Categories: Tort, Jurisdiction
The instant court finds the lower court properly denied defendant’s motion for post-conviction relief. Defendant argues they are entitled to post-conviction relief on grounds that there is new evidence to be considered, as a witness is recanting their original testimony. The instant court finds an evidentiary hearing is necessary to consider the defendant’s claim of newly discovered evidence. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 2023-0134, Categories: Evidence, Witnesses
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: Insurance, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court properly found for Swarovski in a trip and fall suit stemming from a woman's fall over a sign on the sidewalk outside the Brooklyn Museum of Art advertising a fashion event sponsored by the jewelry company. There is no evidence Swarovski had any control or occupancy of the property abutting the sidewalk where the accident occurred. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02062, Categories: Tort, Negligence
Per curiam, the circuit finds the district court properly rendered judgment against a donut shop. The Cambodian immigrant's employment was allegedly in violation of the Trafficking Victims Protection Act, involving forced labor. Sufficient evidence shows the immigrant worked long hours for very low pay over a period of years, while being threatened with deportation. Sanctions were properly imposed on the immigrant's counsel for discovery violations and for filing fraudulent abstracts of judgment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 17, 2024, Case #: 22-40383, Categories: Immigration, Sanctions, Labor
Per curiam, the Appeals Court affirms the juvenile court’s determination that a father is unfit. “Father suffers from various conditions and has engaged in conduct that is seriously detrimental to [the child].” Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: April 17, 2024, Case #: A182441, Categories: Family Law
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, Medical Malpractice
Per curiam, the appellate division finds that the lower court improperly granted the patient $1.25 million in damages for emotional distress in a medical malpractice suit stemming from a doctor's recommendation she be treated with methotrexate, a drug used to terminate ectopic pregnancies, without ordering a follow-up ultrasound. This treatment required the patient to abort her baby due to the potentially devastating effects of the drug. While there is evidence to support the jury's finding of medical malpractice, resulting in a $250,000 award for pain and suffering, the $1.2 million emotional distress award is excessive. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 17, 2024, Case #: 02080, Categories: Damages, Medical Malpractice
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking indemnification for a bodily injury suit arising from unloading property from a vehicle. The injured worker in the underlying suit fell when a co-worker dropped an iron beam they were unloading from a truck, so the policy's auto exclusion applies. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02030, Categories: Insurance, Indemnification
Per curiam, the appellate division finds that the lower court improperly granted the apartment rental agency's motion to vacate a default judgment against it. It failed to establish a reasonable excuse for its default when the subject withdrawal order was properly served on its agent. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02028, Categories: Civil Procedure
Per curiam, the Georgia Supreme Court rejects attorney Paul Jason York's petition for voluntary discipline following his admission to violating the Georgia Rules of Professional Conduct. The attorney forged the signatures of a judge and an assistant district attorney on a court order purportedly authorizing the removal of his client's ankle monitor. The special master's recommendation that the attorney receive a three-year suspension is not appropriate. The attorney's criminal forgery charges remain pending and his pre-trial diversion agreement does not expire until at least August 2025.
Court: Georgia Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: S24Y0285, Categories: Judiciary, Attorney Discipline
Per curiam, the appellate division finds that the lower court properly dismissed the woman's personal injury suit against the housing authority. While the statute of limitations to file was tolled as a result of the Covid-19 pandemic, she still filed suit almost three months past the tolled deadline. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02010, Categories: Civil Procedure, Tort, Covid-19
Per curiam, the appellate division finds that the lower court improperly granted the landlord's petition to impose rent increases based on the installation of major capital improvements. The city agency reasonably applied part K amendments from the Housing Stability and Tenant Protection Act when considering the landlord's applications. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02003, Categories: Housing, Agency
Per curiam, the appellate division finds that the lower court properly found for the state employer, which denied employees' applications for religious exemptions from the Covid-19 mandate. The vaccine mandate was rationally related to the state's goal of slowing the spread of Covid-19, and petitioners failed to provide supplemental information regarding their religious beliefs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02012, Categories: Covid-19, Employment Discrimination
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the mother's petition for a writ of mandamus in a child custody case. The motions cited in her initial filing had either been ruled on by the judge in her custody case or were not motions that required a response; therefore, her claims are moot. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: April 16, 2024, Case #: 2024-Ohio-1387, Categories: Civil Procedure, Family Law
Per curiam, the circuit finds the district court properly found for a casino owner on a casino patron allegations that while she was playing a slot machine, she was hit by a casino-owned motorized scooter operated by another patron who had rented it. Resolution of the claimant's issues, including whether the owner rented the scooter or owed a duty of care, would not affect the outcome. No evidence of any factual dispute has been offered. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-60499, Categories: Negligence, Premises Liability
Per curiam, the circuit finds that the district court properly confirmed an arbitration award assessing withdrawal liability against a business that contributed to a multi-employer union pension fund. The ERISA exemption from liability did not apply when the business shut down because the firm and its predecessor-in-interest provided installation and maintenance for Time Warner Cable in the New York City area, services which were not part of the building and construction industry. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 15, 2024, Case #: 23-647-cv, Categories: Erisa
Per curiam, the Oklahoma Supreme Court approves Richard David Marrs' resignation pending disciplinary proceedings. Marrs is aware of allegations of his violations of rules of professional conduct and disciplinary proceedings. The attorney may apply for reinstatement after five years. His resignation was freely and voluntarily tendered, and he agrees to all conditions.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: April 15, 2024, Case #: SCBD-7599, Categories: Due Process, Attorney Discipline
Per curiam, the Louisiana appellate court finds that the trial court should not have denied the state’s motion to disqualify a doctor who provided a report to the court regarding defendant’s competency. After the doctor rendered her expert opinion regarding defendant’s competency, the defense hired her as their expert to examine defendant and render an opinion regarding his sanity at the time of the offense. Therefore, the doctor cannot be considered independent from her role as a court-appointed expert of the sanity commission. Vacated in part.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: April 15, 2024, Case #: 24-K-30 , Categories: Competence, Experts
Per curiam, the circuit dismisses an interlocutory appeal in claims brought against a police officer after plaintiff's arm was broken as he resisted being handcuffed following a domestic incident. The officer seeks dismissal based on qualified immunity, which had been granted to others who assisted in the arrest, but the district court held that issues remained unresolved as to whether the officer used excessive force.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 12, 2024, Case #: 23-901-cv, Categories: Civil Rights, Immunity