255 results for 'casenum:"24"'.
Per curiam, the appellate division finds that attorney Rosemarie Andrea Anderson may be reinstated in New York after being suspended for one year corresponding to disbarment in her home state of New Jersey for misappropriating client money because Anderson complied with the order of suspension and demonstrated the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-34-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Youngsoog Na may be reinstated from her January 2014 suspension for failing to meet registration requirements since she demonstrated compliance with the suspension order and that she possesses the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 7, 2024, Case #: PM-31-24, Categories: Attorney Discipline
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J. Molaison finds that a patient's medical malpractice action is dismissed due to insufficient notice. In this case, the patient requested service by the clerk but stated that copies of the pleadings to be served would be provided. These copies were not provided until after the 90-day time period had run. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: March 6, 2024, Case #: 24-C-10, Categories: Civil Procedure, Medical Malpractice
J. King finds that the lower court properly denied a man’s petition against a former lover for paternity testing of her child, who was conceived at a time when she was having sexual relations with both her husband and the appellant. The court assumes the paternity of the husband because the marriage is in tact. Affirmed.
Court: Pennsylvania Superior Court, Judge: King, Filed On: March 5, 2024, Case #: J-A02018-24, Categories: Civil Procedure, Guardianship
J. Smith grants the users of an online academic research tool's petition for a writ of mandamus. The underlying suit alleges the Commodities Futures Trading Commission's department of marketing oversight acted capriciously in finding the research tool not in compliance with directives. The district court improperly transferred their suit to the District Court for the District of Columbia due to court congestion, which is a clear abuse of discretion.
Court: 5th Circuit, Judge: Smith , Filed On: March 1, 2024, Case #: 24-50079, Categories: Commerce, Venue, Technology
J. Taranto finds that the court of federal claims properly ruled in claims brought by involuntarily retired members of the Coast Guard because their involuntary retirements were not part of a reduction in force and thus were unlawful. Affirmed.
Court: Federal Circuit, Judge: Taranto, Filed On: March 1, 2024, Case #: 3/1/24, Categories: Employment, Military
J. Worthen denies the parent's petition for a writ of mandamus challenging a protective order. The order was entered against the parents on behalf of their child after a minor told his mother the child had touched his penis and exposed him to others on the school bus in exchange for Pokemon cards. The parent's essential argument that a child victim cannot seek protection when the offending person is another child is contrary not only to the relevant statute’s purpose, but also to the state's policy to protect the interests of children.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: February 29, 2024, Case #: 12-24-00010-CV, Categories: Civil Procedure, Family Law, Restraining Order
Per curiam, the appellate division finds that conditions set in reinstating attorney William Castro to practice law in New York have been satisfied and thus should be terminated. Before reinstatement in 2021, Castro had been disbarred based on his conviction for multiple federal felonies in Florida.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 29, 2024, Case #: PM-20-24, Categories: Attorney Discipline
Per curiam, the Vermont Supreme Court finds the criminal division properly released defendant on bail and conditions of release pending trial for accessory after the fact. A defendant cannot be held without bail, even if the state proves that the felonious conduct involved violence against another victim. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: February 26, 2024, Case #: 24-AP-041, Categories: Bail
Per curiam, the Ninth Circuit denies petition for commutation of a death sentence. Defendant claimed various due process violations over the course of the commutation proceedings and sought preliminary injunction. Defendant failed to establish a likelihood of success on the merits, and there was no legal or clear factual error in the district court’s evaluation of the remaining preliminary injunction factors. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 24, 2024, Case #: 24-1000, Categories: Death Penalty, Civil Rights
Per curiam, the Ninth Circuit finds that the district court properly denied a death row inmate's motion for a preliminary injunction on constitutional claims concerning his method of execution. His execution is currently scheduled for February 28, 2024. In 1981, while serving life sentences in Idaho for multiple first-degree murders, the inmate killed a fellow prisoner and was sentenced to death. The inmate claims that the state failed to provide sufficient information about the source of its lethal injection drug, pentobarbital, and suggested the possibility that the pentobarbital might have originated from other unreliable sources. Analysis verified that the pentobarbital in question complies with regulatory and quality standards and that it has a February 2025 expiration date. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: February 24, 2024, Case #: 24-978, Categories: Civil Rights
J. Reiber finds the trial court properly imposed a condition of release to be supervised by a responsible adult for a man with curfew conditions on charges of reckless endangerment and simple assault. He failed to raise a constitutional argument during his hearings the trial court did not have a fair opportunity to rule on specificity and clarity. Affirmed.
Court: Vermont Supreme Court, Judge: Reiber, Filed On: February 22, 2024, Case #: 24-AP-050, Categories: Constitution, Sentencing, Assault
J. Pena conditionally grants the insurance company's petition for a writ of mandamus, in which it "seeks to compel the trial court to rule on competing motions for summary judgment" in the underlying insurance dispute. The record indicates that three years have passed since the lower court heard the motions, which is an "unreasonable" period of time. Accordingly, the company is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 21, 2024, Case #: 13-24-00059-CV, Categories: Civil Procedure, Insurance