2,744 results for 'judge:"Per curiam"'.
Per curiam, the appellate division finds that the lower court properly dismissed a personal injury suit stemming from a trip and fall on a sidewalk in front of a CVS Pharmacy. The height differential between the sidewalk and the curb where the customer tripped was physically insignificant and did not create a dangerous condition. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 7, 2023, Case #: 03002, Categories: Tort
Per curiam, the circuit finds that the district court properly convicted defendant of securities fraud in a scheme to defraud an entity of the Oglala Sioux Tribe out of $60 million in proceeds from bond offerings. Defendant sought to sever charges on grounds that being jointly tried subjected him to "spillover prejudice" due to codefendant's prior conviction for financial fraud, but the jury was instructed to ignore that conviction and consider the defendants individually. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 7, 2023, Case #: 22-539, Categories: Fraud, Jury, Securities
Per curiam, the circuit finds that the district court properly denied a writ of error coram nobis after defendant pleaded guilty to embezzling more than $3 million from a federal grants program. Forfeiture and restitution were part of the plea deal, and the latter was appropriate because the administering agency for the program had been a "victim" of fraud concerning the use of money intended to reimburse child care operators for meals. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-0378, Categories: Restitution, Embezzlement
Per curiam, the circuit finds that the district court properly found for a dog food company in deceptive trade practices claims contending plaintiff would not have paid top dollar for kibble if she had known it contained heavy metals. Fraud-by-omission had not occurred since metals are known to be prevalent in a wide variety of food products. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-962-cv, Categories: Consumer Law, Business Practices
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Per curiam, the appellate division finds that the lower court properly dismissed this construction injury suit stemming from a worker's fall on ice. The worker's alleged injury was not caused by a hazard inherent in the work he was obligated to perform. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02989, Categories: Employment, Tort
Per curiam, the Fifth Circuit finds the district court, by guilty plea, properly convicted defendant for engaging in illicit sexual conduct in foreign places, sentencing him within guidelines. The 15-year-old Mexican girl’s mother, after her daughter was detained at the border with defendant, told investigators that she had consented to a relationship with the 22-year-old defendant, but after a miscarriage she refused to sign a marriage consent form. A two-level sentencing enhancement was applied for obstruction of justice based on recordings of phone calls defendant made from jail telling the girl not to cooperate with the investigation. The court was entitled to infer that this amounts to obstruction. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: June 6, 2023, Case #: 22-40167, Categories: Immigration, Sex Offender, Child Victims
Per curiam, the appellate division finds that the lower court properly denied the plaintiff's motion for a stay of these proceedings pending resolution of a related criminal action. Plaintiff did not make the application for stay until after he was already deposed, and the court already precluded him from testifying on any matter for which he invoked his Fifth Amendment privilege. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02968, Categories: Civil Procedure, Civil Rights
Per curiam, the appellate division finds that the lower court improperly denied the studio's motion to vacate a judgment in a landlord-tenant dispute. The studio's counsel explained his noncompliance with court notices was due to the Covid-19 pandemic, which forced him to lay off staff. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02900, Categories: Civil Procedure, Landlord Tenant
Per curiam, the appellate division finds that the lower court improperly granted the coalition's petition to invalidate the commission's decision to permit the construction of a particular building at 250 Water Street in Manhattan. Statements made during the public hearing concerning funding for a district museum do not show the determination rested upon improper considerations, nor did the coalition present any evidence of an improper quid pro quo between the commission and the developer. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02992, Categories: Administrative Law, Real Estate
Per curiam, the appellate division finds that the lower court properly denied the attorney's motion to dismiss this legal malpractice action. The client plausibly alleged the attorney failed to submit documents proving its entitlement to a $652,000 offset against the $550,000 in damages sought by a party in the underlying action, resulting in a half million judgment against the client. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 6, 2023, Case #: 02980, Categories: Legal Malpractice
Per curiam, the circuit finds that the district court properly declared a mistrial and denied defendant's claim that retrial for armed bank robbery would constitute double jeopardy. The FBI's failure to turn over certain evidence was negligent but had not been intended to provoke mistrial to avoid acquittal. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 23-6019-cr, Categories: Prosecutorial Misconduct, Double Jeopardy
Per curiam, the circuit finds that the board of immigration appeals improperly denied plaintiff deferral of deportation based on claims that he faced likely torture in his home country of Jamaica. Plaintiff credibly testified that gang members in Jamaica would come after him for providing assistance to U.S. police, and he did not have to name a specific government official who would be complicit in his torture.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 5, 2023, Case #: 22-6338, Categories: Immigration
Per curiam, the Wisconsin Supreme Court finds the court of appeals incorrectly upheld the circuit court's order calling for involuntary medication to restore defendant's competency. Because the state concedes it did not meet its burden under U.S. Supreme Court precedent controlling the narrow circumstances in which a lower court can order involuntary medication to make a defendant competent for trial, the court of appeals' ruling is overturned, and the case is remanded. Reversed.
Court: Wisconsin Supreme Court, Judge: Per curiam, Filed On: June 2, 2023, Case #: 2020AP819-CR, Categories: Competence, Assault, Due Process
Per curiam, the appeals court finds the trial court improperly denied the logistics provider's motion to amend its complaint against two of its former employees alleging tortious interference, breaches of the duty of loyalty and civil conspiracy to seek punitive damages. The logistics provider has made a "reasonable showing" of a "reasonable basis" for punitive damages, including by providing emails and text messages allegedly showing the two former employees conspiring with a competitor to solicit the provider's employees and to secretly take over one of the provider's offices for the competitor's benefit. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 23-0235, Categories: Tort, Damages, Interference With Contract
Per curiam, the circuit finds that the district court properly convicted defendant, the local president of the carpenters union, of conspiring with another union chief to take bribes from unqualified workers to pad his membership roll. Sufficient evidence of conversion existed since the membership cards were put to use for the benefit of the president over the union, and the trial was properly postponed a second time to allow prime counsel to recover from a home accident, since second counsel had been put on notice to prepare for trial. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 21-2223, Categories: Criminal Procedure, Evidence, Conspiracy
[Consolidated.] Per curiam, the court of civil appeals finds on application for rehearing that the lower court improperly terminated the mother's parental rights to her two children. The court substitutes the current opinion, holding that "maintenance of the status quo is a viable alternative to termination." Reversed.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: June 2, 2023, Case #: CL-2022-0694, Categories: Civil Procedure, Family Law
Per curiam, the Florida Sixth District Court of Appeals finds the trial court erred by granting homestead protection to the trust in a fraudulent transfer case. The trust does not own the property, so it was not entitled to a homestead defense. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 2, 2023, Case #: 6D23-198, Categories: Fraud, Property, Trusts
Per curiam, the circuit finds that the district court properly convicted defendant of receiving, distributing, and possessing child pornography. Defendant contends that only states may criminalize his conduct, but precedent holds that under the commerce clause, Congress may criminalize possession of child pornography. Meanwhile, the 13-year, below-guidelines sentence was substantively reasonable. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 2, 2023, Case #: 22-763, Categories: Constitution, Sentencing, Child Pornography
Per curiam, the Florida Supreme Court amends certain bar rules pertaining to elections and elections of president-elect, including the inclusion of "secret ballot" language that has been approved by the Board of Governors.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: June 1, 2023, Case #: SC20230007 , Categories: Civil Procedure
Per curiam, the appellate division finds that attorney Douglas Robert Schwartz may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Schwartz cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-116-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Hubert Christopher Raglan's request for reinstatement from his September 2022 suspension for failing to meet registration requirements should be denied. While Raglan cured the delinquency, he fell behind again, subjecting himself to potential new discipline.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-110-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Osekpor Asemota may be reinstated following his September 2022 suspension for failing to meet registration requirements since Asemota cured the delinquency, complied with the order of suspension, and demonstrated fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-111-23, Categories: Attorney Discipline
Per curiam, the Supreme Court of Ohio finds the Ohio Ballot Board properly certified the "Right to Reproductive Freedom" constitutional amendment because the ballot initiative includes a single amendment to the Ohio Constitution. Although the amendment includes language regarding abortion, contraception and fertility treatments, the entirety of the bill is related to a single purpose, reproductive rights, and satisfies Ohio election requirements. Therefore, the voters are not entitled to a writ of mandamus to compel a reversal of the board's decision.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 1, 2023, Case #: 2023-Ohio-1823, Categories: Constitution, Elections
Per curiam, the appellate division finds that plaintiff, a 47-year-old law school graduate who passed the New York bar 18 years later, may not be admitted to practice in the state. After graduation, plaintiff practiced law without a license for nearly 10 years at two law firms, rising to become a partner at one firm. He eventually was discovered and prosecuted, pleading guilty to grand larceny, and served a sentence of probation. Despite a recommendation that he be admitted with conditions, plaintiff failed to establish he had rehabilitated sufficiently.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-117-23, Categories: Attorney Discipline
Per curiam, the Ninth District conditionally grants mandamus relief to the defendant in an auto accident and injury case which was dismissed, the order of which was later found to be ineffective, causing the case to remain pending. The court’s plenary power over the case had expired by the time the order declaring the dismissal ineffective was signed. The writ will issue only if the trial court fails to vacate the order.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: June 1, 2023, Case #: 09-22-00317-CV, Categories: Tort, Vehicle, Due Process
Per curiam, the appellate court finds that the district court should not have denied defendant's motion to suppress related to a possession of a firearm by a convicted felon charge. The 2022 search warrant of defendant's residence was granted to find documents related to his address in connection with a possession with intent to distribute cocaine charge in 2021. However, such evidence had already been obtained thorough a utility bill and observing defendant leave the residence. Further, a police officer testified that there was nothing to suggest that defendant had committed a crime in 2022. Reversed.
Court: Louisiana Court Of Appeal, Judge: Per curiam, Filed On: June 1, 2023, Case #: 23-K-186, Categories: Evidence, Search
Per curiam, the appellate division finds that attorney Jung Sun Lee may be reinstated following her October 2021 suspension for failing to meet attorney registration requirements because Lee cured the delinquency, complied with the order of suspension, and demonstrated her fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-115-23, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Steven Wayne Griegel may be reinstated following his September 2022 suspension for failing to meet attorney registration requirements because Griegel cured the delinquency, complied with the order of suspension, and demonstrated his fitness to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: June 1, 2023, Case #: PM-114-23, Categories: Attorney Discipline