2,814 results for 'judge:"Per curiam"'.
Per curiam, the Texas Supreme Court finds that the court of appeals improperly ruled against the City of Houston in a negligence suit brought against it by a motorist who was involved in a vehicle collision with a Houston police officer. Because the motorist failed to raise a fact issue on whether the officer acted recklessly, the city’s immunity is not waived. Furthermore, because the officer was responding to an emergency, the city remains immune from suit. Reversed.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 22-0295, Categories: Government, Immunity, Negligence
Per curiam, the Supreme Court of Ohio denies an individual's request to enforce a writ of procedendo because such a ruling would essentially be an advisory opinion applicable to all future filings in his domestic relations case, a type of relief this court cannot grant. However, his motion to declare his ex-wife a vexatious litigator will be granted as a result of her repeated, frivolous filings with the trial court, all of which were made solely in an effort to deprive the court of jurisdiction and prevent it from enforcing the writ of procedendo previously granted by this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 2023-Ohio-2165, Categories: Civil Procedure, Family Law, Jurisdiction
Per curiam, the appellate division finds that the trial court properly convicted defendant of second-degree murder and theft after he tied up and killed his girlfriend. Police had not threatened or coerced defendant into making incriminating statements, and defendant failed to preserve arguments about post-Miranda admissions. As a three-time convicted felon, defendant had extensive experience with police. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 30, 2023, Case #: KA 18-02032, Categories: Miranda, Murder
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by engaging in violent conduct and refusing a direct order when he attempted to hit a guard assigned to search his cell. The inmate contended the misbehavior report had been retaliatory and that excessive force had been used to subdue him, but such credibility issues were resolved at the disciplinary hearing. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535576, Categories: Prisoners' Rights
[Consolidated.] Per curiam, the appellate division finds that the lower court properly convicted defendant defendant based on separate guilty pleas to assault for punching his girlfriend in the face and for hitting his brother in the mouth with a pistol. Consecutive sentences were not harsh in light of the fact that a trial verdict would have yielded more time, and the violent assaults occurred just months after defendant was released from prison in Florida, where he had a long criminal history. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 112365, Categories: Sentencing, Assault, Cruel And Unusual Punishment
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Per curiam, the circuit finds that the district court should have granted members of the police department qualified immunity in malicious prosecution claims concerning an investigation of allegations that a father sexually abused two of his children. The charges against the father were later dismissed, but officers had probable cause to submit search and arrest warrants based on the mother's sworn statement concerning the children's allegations, even if she attempted to revoke the statement when the children recanted. Reversed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-2847, Categories: Malicious Prosecution, Immunity
Per curiam, the appellate division finds that a part time veterinarian assistant was properly denied unemployment benefits on grounds that she left her job voluntarily without good cause after expressing dismay about long hours and unpredictable scheduling. After finishing a shift, the assistant did not return to work; she initially received benefits but was charged with recoupment after misrepresenting that her job had ended due to lack of work. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: CV-22-2397, Categories: Civil Procedure, Employment
Per curiam. The Eighth Circuit finds a lower court properly dismissed a class of employees motion for an award of appellate attorneys' fees concerning violations of the Fair Labor Standards Act. The class argued that the lower court abused discretion by reducing a fee award based on its attorney's preposterous behavior. However, the class of employees were not the prevailing party. Affirmed.
Court: 8th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-3537, Categories: Damages, Attorney Fees, Class Action
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by creating a disturbance, fighting, and refusing a direct order as a participant in a melee involving 65 prisoners because the misbehavior report and video surveillance footage contradicted the inmate's version of events. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535425, Categories: Evidence, Prisoners' Rights
Per curiam, the appellate division finds that an assistant cheesemaker was properly disqualified from receiving unemployment benefits because he voluntarily quit over reduced hours, and dissatisfaction with one's work schedule does not constitute good cause for leaving a job. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535859, Categories: Employment
Per curiam, the appellate division finds that an office manager at a commercial heating business was properly found ineligible for unemployment benefits because she was not totally unemployed. After being laid off from a full time position at the start of the Covid-19 pandemic, she committed willful misstatements by working as a part time drugstore clerk without reporting hours or income. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 536125, Categories: Employment
Per curiam, the appeals court finds that the trial court improperly ruled in favor of the eldest son in an action to compel the sale of a property to him. The eldest son sought to return property to a previous estate and to allow him a fresh set of days to exercise a purchase option which would otherwise have expired. The trial court correctly found that the restriction agreement did not constitute an illegal restraint on alienation. However, the eldest son failed to meet the restriction agreement's purchase option deadline and therefore waived his right to make the purchase. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 29, 2023, Case #: 362694, Categories: Property
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to attempted possession of a weapon because the five-year term of postrelease supervision was not harsh, and no reason existed to reduce the term in the interest of justice. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 110850, Categories: Sentencing
Per curiam, the Fifth Circuit finds the district court properly dismissed the terminated employee's FMLA interference claim arising from an extended leave of absence as assistant manager at Office Depot for knee surgery. She could not plausibly state a violation of the FMLA because she had exhausted her protected leave. The court's dismissal of the employee's retaliation claims was improper as she sufficiently alleged a causal link between her protected leave and Office Depot’s decision to fire her. Because federal claims remain, the court erred in dismissing state law causes of action. The court’s order on the motion to reopen is vacated. The dismissal is affirmed in part and reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 22-50767, Categories: Civil Rights, Employment Retaliation
Per curiam, the Ninth Circuit denies a petition for rehearing in an employment matter concerning labor organization efforts. No further petitions for rehearing or rehearing en banc will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: June 29, 2023, Case #: 21-35252, Categories: Employment
Per curiam, the court of appeals suspends Mary E. Davis for 30 days, stayed in its entirety, due to her failure to obtain her client's informed consent regarding a conflict of interest in an underlying case. Davis voluntarily acknowledged her violation and the sanction is a result of a negotiated discipline.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: June 29, 2023, Case #: 23-BG-0484 , Categories: Sanctions, Attorney Discipline
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by refusing to submit to a strip-frisk after a visit and fleeing the visiting area based on the detailed incident report, the use-of-force report, and guard testimony. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 29, 2023, Case #: 535625, Categories: Prisoners' Rights