2,744 results for 'judge:"Per curiam"'.
Per curiam, the appeals court finds the trial court improperly dismissed with prejudice the county's breach of contract lawsuit against the county fair association alleging the latter's failure to redevelop real estate where an annual county fair would be held since leasing the land in 1964. The county's amended complaint sufficiently alleges a "continuing breach" of the parties' contract such that the relevant five-year statute of limitations does not apply. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 3, 2024, Case #: 23-1060, Categories: Real Estate, Contract
Per curiam, the appellate division finds that defendant was improperly convicted of kidnapping in the second degree because the lower court erroneously held that the merger doctrine did not apply, even if he had not been charged with the lesser offense of menacing. However, the court properly declined to instruct the jury on justification involving the use of ordinary physical force because evidence indicating that defendant applied force to the victim's neck to stop her from breathing could only support the conclusion that defendant used "deadly physical force."
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: KA 22-01350 , Categories: Jury, Kidnapping, Menacing
Per curiam, the appellate division finds that the trial court improperly ruled in a property dispute arising from the sale of land and the construction of a commercial center and billboard. The court properly held that claims concerning the billboard were timely filed and that company defendants failed to transfer a rent check to plaintiffs. However, defendants were improperly required to build a retention pond on the property. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: CA 23-00440, Categories: Civil Procedure, Property
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Per curiam, the Nebraska Supreme Court finds the district court applied irrelevant case law in finding the Department of Health and Human Services did not breach its duty of care. The foster siblings allege the department breached its duty by placing them with a foster parent who sexually assaulted them. The department's argument relied on an inmate wrongful death-based case establishing tort claims exemption for the state for “[a]ny claim arising out of assault [or] battery.” The court found that another case, involving foster placement and assault applied, ruling the siblings did not provide sufficient evidence to prove the breach. The sovereign immunity analysis cannot focus only on the state's alleged negligence, ignoring that it allowed the assault to occur. Vacated in part.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: May 3, 2024, Case #: S-21-1037, Categories: Tort, Immunity, Guardianship
Per curiam, the appellate division finds that the lower court properly awarded petitioners attorneys' fees of $48,000 for litigation required by respondents' contemptuous conduct. Petitioners' counsel provided an adequate statement of the legal services provided on the contempt motion, and respondents' claims of overbilling or duplicative work are speculative. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02363, Categories: Contempt, Attorney Fees
Per curiam, the Supreme Court of Ohio finds the Industrial Commission properly vacated the workers' compensation benefits awarded to the injured employee. His diagnosis of "paraplegia, incomplete" did not meet statutory requirements for the total loss of use of his legs. The employee was still able to stand and walk short distances without the use of a walker and, therefore, was not entitled to "loss-of-use" compensation; therefore, the lower court properly denied his request for a writ of mandamus to reinstate the benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1656, Categories: Evidence, Workers' Compensation
Per curiam, the North Dakota Supreme Court finds that the district court properly entered judgment after a jury found defendant guilty of attempted murder and conspiracy to commit murder. Sufficient evidence supported conviction. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024ND87, Categories: Evidence, Murder
Per curiam, the Supreme Court of Ohio finds attorney James Terry Robinson will be indefinitely suspended from the practice of law for his failure to self-report a felony conviction on drug charges and his continued use and sale of illegal drugs, including crack cocaine. Robinson admitted to drug use over an eight year period during a previous suspension, and will be ineligible for reinstatement until he completes a Narcotics Anonymous program and complies with all other continuing education requirements.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: 2024-Ohio-1657, Categories: Sanctions, Attorney Discipline
Per curiam, the circuit finds the district court improperly sentenced defendant on his guilty plea conviction for purchasing firearms by false statement. Defendant, an American citizen, purchased firearms for Mexican citizens, and was sentenced, in part, for furnishing firearms to "prohibited persons." The government failed to meet its burden of proving he bought the firearms with knowledge they would be transferred to a “prohibited person," as statutorily defined. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 2, 2024, Case #: 23-50069, Categories: Firearms, Sentencing
Per curiam, the Supreme Judicial Court of Massachusetts affirms the denial of relief to protesters and advocates’ challenge to the constitutionality of a 200-foot buffer area around a courthouse where protest is not allowed to occur, as a way of protecting the right to a fair trial and prevent jurors, witnesses and others coming to or leaving the courthouse from being obstructed. Protesters may still protest, just not within the buffer zone.
Court: Massachusetts Supreme Court, Judge: Per curiam, Filed On: May 2, 2024, Case #: SJC-13589, Categories: Judiciary, Equal Protection, First Amendment
Per curiam, the appellate division finds that the lower court properly granted the flooring subcontractors' motion to dismiss a personal injury suit because the worker's accident was not in connection with their work. The accident, caused when a scaffold wheel fell into an uncovered hole, occurred two weeks after the floor subcontractors left the job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: 02364, Categories: Construction, Tort
Per curiam, the appellate division vacates its March 2024 order naming the Mid-Hudson Women's Bar Association as custodian to take possession of the files of Delores Felice Seligman, a deceased attorney, who had been suspended for failing to cooperate with an investigation into the management of her escrow account.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-77-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Yasutaka Orihara may not be reinstated from his May 2019 suspension for failing to meet registration requirements because Orihara failed to demonstrate compliance with continuing legal education requirements for suspensions of longer than two years.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 2, 2024, Case #: PM-78-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: Civil Procedure, Education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, Education, Contract
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the inmate's petition for a writ of mandamus. His request for a suppression hearing after the return of his cell phone and other property by the trial court should have been brought on a direct appeal of his other postconviction motions for relief. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 1, 2024, Case #: 2024-Ohio-1624, Categories: Criminal Procedure, Search, Sex Offender
Per curiam, the Appeals Court finds the trial court erred by denying a wife’s petition to set aside the default judgment in this dissolution case. “The default judgment, rendered without a further hearing or evidence, exceeded the terms alleged by husband.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A178809, Categories: Family Law
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: Insurance, Settlements
Per curiam, the appellate division finds that the lower court properly declined to vacate a default on a real property contract and promissory note. Because the buyers failed to provide any reasonable excuse for their default or a good reason to be permitted to grant a late answer, their action fails. There is also no evidence to support the claim that the summons and complaint were too hidden in the packet of documents delivered to the buyers to be read in a timely manner. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02338, Categories: Civil Procedure, Contract
Per curiam, the appellate division finds that the lower court improperly set aside a jury verdict finding that a physician who treated the decedent had committed medical malpractice. Failing to send the decedent to the emergency room was a clear departure from the standard of care. The jury had ample evidence to find this, given that the decedent would not have committed suicide that day had he been admitted to the hospital. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02340, Categories: Civil Procedure, Education
Per curiam, the appellate division finds that the lower court properly declined to dismiss the borrower's counterclaim in a foreclosure suit. Such suits must be filed within six years of the lender accelerating the mortgage, even if the mortgage is payable in installments. The counterclaim plainly showed that the debt was accelerated in 2008, more than six years prior to filing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02342, Categories: Civil Procedure, Property, Banking / Lending
Per curiam, the circuit finds the district court properly dismissed a doctor's defamation, fraud and age discrimination claims. Utilizing the medical personnel placement service, says he was not selected for a position for which he was referred because of his age. The service did not fail to refer him for employment and the employer did not hire him due to a lack of specific federal experience. The employer's statement the doctor was "difficult to reach" is not defamatory and the record does not support his claims of fraud. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 1, 2024, Case #: 23-11066, Categories: Fraud, Defamation, Employment Discrimination
Per curiam, the Appeals Court finds the juvenile court properly terminated a mother’s parental rights. The “mother is unfit due to certain conduct and conditions that are seriously detrimental” to her child. Affirmed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: May 1, 2024, Case #: A182410, Categories: Family Law