2,744 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court improperly found for the property owner in a slip and fall action stemming from a man's fall on black ice in the property owner's parking lot. The property owner failed to establish that it did not have constructive notice of the alleged ice condition. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03223, Categories: Tort
Per curiam, the Fifth Circuit finds the district court properly applied the career offender enhancement in sentencing defendant for his conviction on conspiracy to possess with intent to distribute five or more grams of meth. A pre-2018 predicate conviction qualifies as a controlled substance offense for sentencing even though hemp was removed from the Controlled Substance Act. Also, defendant’s Hobbs Act Robbery argument regarding intention is not applicable to a prior conviction for attempted child abuse, which requires specific intent. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 21-50869, Categories: Drug Offender, Sentencing
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Per curiam, the Fifth Circuit finds the district court improperly entered summary judgment in favor of the employer in this suit brought on Fair Labor Standards Act grounds alleging a failure to pay overtime. The oilfield line locator and excavating company argues that the employees are administrators and are exempt from overtime under the Act. All employees had the responsibility to stop unsafe work and the record suggests that a reasonable jury could find that those party to the suit did not exercise discretion and independent judgment on significant matters to the extent required for the Act’s administrative exemption. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-50185, Categories: Employment, Labor
Per curiam, the appellate division finds that the lower court improperly dismissed a slip and fall suit stemming from a customer's fall in the bathroom of a supermarket. Questions of fact remain as to whether the supermarket provided any warning that the bathroom had been recently mopped and was slippery. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 14, 2023, Case #: 03222, Categories: Tort
Per curiam, the Fifth Circuit finds the district court properly denied summary judgment to the officer accused of using excessive force for tasing a driver during a traffic stop for “improper lane usage.” The driver was ordered out of his vehicle and did not comply. After being physically pulled from his vehicle by several officers and thrown on the ground he did not comply when ordered to put his hands behind his back. The officer tased him at this point. Tasing an unarmed subject suspected of a misdemeanor and pinned to the ground, surrounded by officers, unable to escape and giving only passive resistance, amounts to excessive force in violation of the Fourth Amendment. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-30692, Categories: Civil Rights, Police Misconduct
[Consolidated] Per curiam, the appeals court finds the lawyer has not shown good cause that he should not be barred from further pro se filings due to violations of Florida rules of appellate procedure. The lawyer violated appellate rules by filing frivolous and repetitive motions for re-hearing that just rehashed his previous failed arguments and by calling into question the integrity and qualifications of the appeals court judges, and he simply repeated some of those violating statements instead of showing cause in his most recent filing, including by calling the appeals court judges racists and claiming they are bought and sold by large law firms. Under Florida appellate rules and rules administered by the Florida Bar, the appeals court clerk is ordered to reject any pro se filings from the lawyer unless a bar member in good standing signs off on them, and this matter is referred for attorney disciplinary proceedings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 14, 2023, Case #: 22-0624, Categories: Administrative Law, Attorney Discipline
Per curiam, the appeals court finds the trial court improperly denied the public utility's motion to disqualify the judge presiding over a class action dealing with power outages from Hurricane Irma in 2017. Comments the judge made about forming his own damages model that seemed to sympathize with class participants at a conference completely unrelated to damages raise enough questions about his impartiality to legally support the utility's motion, so the utility's petition for a writ of prohibition is granted. The writ will not be formally issued at this time, however, as it is believed the trial judge will comply and step aside.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 14, 2023, Case #: 23-0712, Categories: Judiciary, Damages, Class Action
Per curiam, the appeals court finds that the trial court properly convicted defendant of trafficking of persons for sexual servitude, pimping a person under 18 years of age and keeping a place of prostitution for a person under 18 years of age. The trial court correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant paid for and provided the room where the victim performed sex acts. Affirmed.
Court: Georgia Court of Appeals, Judge: Per curiam, Filed On: June 14, 2023, Case #: A23A0716, Categories: Sex Offender
Per curiam, the Fifth Circuit finds the district court properly denied the chlor-alkali production equipment designer’s motion to compel arbitration with the manufacturing facility bringing breach of contract and warranty and redhibition claims. The designer included an arbitration provision in proposals and order acknowledgements, while the manufacturer’s purchase orders state that the designer agrees to jurisdiction in Louisiana or Kentucky. The communications show no agreement as to jurisdiction and neither term remains as part of the parties’ eventual contract. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 14, 2023, Case #: 21-30105, Categories: Arbitration, Contract, Technology
Per curiam, the court of appeals finds that the appellate division improperly dismissed ineffective assistance claims brought after defendant was forced to wear a stun belt at his murder trial. The decision, which had been made by "non-judicial personnel" and without the knowledge of the prosecution or the court, did not constitute procedural error but raised questions as to whether counsel had an explanation for declining to object or whether defendant had consented to wearing the belt. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 73 SSM 5, Categories: Fair Trial, Ineffective Assistance
Per curiam, the Vermont Supreme Court finds that the Employment Security Board properly held the claimant liable for unemployment benefits overpayment. The claimant erroneously said she was able and available to work during the relevant periods though "she was not in fact able or available to work due to a non-COVID-related medical condition." Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: 22-AP-289, Categories: Administrative Law, Employment
Per curiam, the appellate division finds that the lower court properly granted the lawyers' association motion for a preliminary injunction for an interim increase in the compensation rate paid to 18-B assigned attorneys. The association has made a "plainly meritorious" request for a court-ordered immediate rate increase after a decades-long legislative impasse. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03199, Categories: Administrative Law, Attorney Fees
Per curiam, the appellate division denied a challenge to the commission's conditional approval of a development of a building in the Brooklyn Academy of Music Historic District as premature. The commission did not issue a final certificate of appropriateness. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03208, Categories: Zoning
Per curiam, the appellate division finds that the lower court properly dismissed Kazakhstan's lawsuit related to an alleged conspiracy to procure a fraudulent arbitration award issued by the Swedish Chamber of Commerce under the Energy Charter Treaty. While defendants did not participate in the alleged fraud, Kazakhstan claims they profited off of it by knowingly agreeing to accept a portion of the arbitration proceeds in lieu of interest due on loans. The doctrine of collateral estoppel bars this action, as it essentially purports to litigate "new" evidence related to the same original fraud claim. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03211, Categories: Energy, Fraud, International Law
Per curiam, the Missouri Supreme Court finds that the lower court properly found the legislature illegally invaded the constitutional authority of the Conservation Commission by attempting to limit the agency's ability to use its funds to acquire land. The Missouri Constitution explicitly grants the agency authority to use conservation funds to purchase property, and the legislature lacks the authority to restrict the agency from using its constitutionally-granted power. Affirmed.
Court: Missouri Supreme Court, Judge: Per curiam, Filed On: June 13, 2023, Case #: SC99092, Categories: Constitution, Environment
Per curiam, the appellate division finds that the lower court properly granted the attorney's motion to dismiss a defamation suit filed against him by a real estate developer over statements he made to the media about the developer's alleged harassment of a tenant in order to get him to leave his apartment so it could be turned into a luxury condo. The attorney's statements constituted comments on an issue of public concern and were an exercise of free speech. However, the lower court improperly denied the attorney fees and costs in this matter. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 13, 2023, Case #: 03188, Categories: Defamation, Attorney Fees
Per curiam, the court of appeals finds that the appellate division improperly held that defendant's right to represent himself had not been violated when he pleaded guilty to burglary because the searching inquiry should have been made to ensure voluntariness. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 71 SSM 2, Categories: Self Representation
Per curiam, the Fifth Circuit finds the district court properly remanded this suit brought by the former employee alleging the employer breached its collective bargaining agreement back to state court. The removal statute prevents federal courts of appeal from reviewing “an order remanding a case to the state court from which it was removed.” The court’s order cannot be viewed as a discretionary remand as the agreement had expired, divesting the court of subject matter jurisdiction. The appeal is dismissed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 12, 2023, Case #: 22-30377, Categories: Employment, Jurisdiction, Contract
J. Cohen, in a dissenting opinion, finds that defendant was improperly convicted of possession of a firearm by a convicted felon. The vehicle and gun was owned by his father, the vehicle was jointly occupied, and when he adjusted the seat the gun became visible. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 12, 2023, Case #: 6D23-95, Categories: Firearms, Civil Rights
J. Cohen, in a dissenting opinion, finds that the lower court erred when it denied the inmate's petition for postconviction relief. The case will be remanded to allow for an inquiry to determine whether the inmate's trial counsel failed to timely file his petition. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 12, 2023, Case #: 6D23-21, Categories: Burglary, Due Process
Per curiam, the circuit finds that the district court properly sentenced defendant based on his guilty plea to attempting to provide material support to a terrorist organization when he tried to enter Syria to join a cousin, an ISIS leader, on two occasions. His 200-month sentence was not procedurally or substantively unreasonable since the guidelines range went above the statutory maximum of 240 months, which, in turn, was slightly reduced. Meanwhile, the end result was not "shockingly" high. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 12, 2023, Case #: 21-2993, Categories: Sentencing, Terrorism
Per curiam, the Supreme Court of Ohio finds petitioners are entitled to a partial writ of mandamus to change the title language of the August ballot initiative regarding future changes to the Ohio Constitution. The inclusion of the word "any" is likely to confuse voters about which constitutional amendments are covered by the initiative. Therefore, the ballot initiative language will be changed to remove "any" and prevent confusion regarding whether amendments proposed by the legislature are covered under the initiative.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 12, 2023, Case #: 2023-Ohio-1928, Categories: Constitution, Elections, Government