2,688 results for 'judge:"Per curiam"'.
Per curiam, the circuit finds that the district court properly confirmed two foreign arbitration awards against a New York freight forwarder concerning a shipment of industrial equipment from Brazil to Nicaragua. Although the firm contends it had not entered an arbitration agreement, the firm authorized a third party to act on its behalf. Meanwhile, under governing English law, the firm could object to arbitral jurisdiction only at the beginning of proceedings. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 11, 2023, Case #: 22-1150, Categories: Arbitration, Trade
Per curiam, the appellate division finds that the lower court properly found for the hospital in a malpractice action stemming from a woman's psychotic break, that led to her climbing up a ledge and falling to her death. The woman had no history of "wandering" or psychosis, and staff believed she could not walk due to a recent surgery. Further, the hospital could not foresee the woman would access an elevator off-limits to patients during the middle of the night and walk out with her rollator onto an unused patio. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 11, 2023, Case #: 02597, Categories: Negligence, Medical Malpractice
Per curiam, the Supreme Court of Ohio finds the nonprofit is entitled to a writ of mandamus to compel the opioid recovery fund organization to produce documents regarding its board meetings. The organization's use of public funds recovered through litigation by state and local governments renders it a public office subject to the Ohio Public Records Act. However, because the organization reasonably believed it was a private entity not subject to the Act, the nonprofit is not entitled to statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 11, 2023, Case #: 2023-Ohio-1547, Categories: Government, Public Record, Damages
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Per curiam, the appellate division grants the attorney's motion to dismiss this malpractice suit. While the client's claim was not time-barred, the attorney was improperly served with the summons and complaint. Further, the record utterly refutes the client's claim the attorney failed to adequately apprise him of the weakness of his claims before entering arbitration. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 11, 2023, Case #: 02588, Categories: Legal Malpractice
Per curiam, the appellate division finds that the lower court properly convicted defendant based on his guilty plea to aggravated vehicular homicide for striking pedestrians on a roadway shoulder while driving drunk, killing a child. Defendant contends the appeal waiver was invalid, but he had received a full oral explanation of the terms and signed a written waiver in open court. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 11, 2023, Case #: 113490, Categories: Plea, Vehicular Homicide
Per curiam, the appellate division finds that an inmate was properly found guilty of violating prison rules by wearing dark eyeglasses without possessing a medical permit because the misbehavior report and hearing testimony supported the finding that he created a disturbance and refused a direct order. However, a separate count of interfering with an employee must be dismissed for insufficient evidence. Affirmed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 11, 2023, Case #: 535076, Categories: Prisoners' Rights
Per curiam, a panel of the 11th Circuit finds that the district court improperly invoked the Prison Litigation Reform Act's purposes to trump the individual's right to voluntarily dismiss an action alleging that a pastor sexually abused him as a child. The individual, who is currently incarcerated in Florida, filed the notice of dismissal before the pastor responded. The notice was effective immediately when it was filed and therefore deprived the district court of jurisdiction over the case. There is nothing in the statute to limit an individual's right to voluntarily dismiss an action in the prisoner-litigation context. Vacated.
Court: 11th Circuit, Judge: Per curiam, Filed On: May 11, 2023, Case #: 23-10178, Categories: Civil Procedure, Prisoners' Rights
Per curiam, the court of appeal finds that the trial court improperly denied a publication access to the Jeffrey Epstein grand jury proceedings. On remand, the court must perform an in-camera inspection of the material and determine whether victims' and witnesses' identities require protection. The court identifies the procedures for disclosing grand jury evidence as a matter of great importance for the Florida Supreme Court.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2023, Case #: 4D22-293, Categories: Public Record
[Consolidated.] Per curiam, the circuit finds that the district court properly convicted defendants of robbery, kidnapping, and murder of a government informant. Defendants contend the indictment should have been dismissed due to Brady violations, but belated disclosures did not result in prejudice since the four-month adjournment gave them time to investigate the material and pursue an alternative perpetrator defense. Severance was properly denied based on a prior robbery that involved the same victim and location and which occurred not long before the current charges. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 10, 2023, Case #: 19-2391-cr (L), Categories: Criminal Procedure, Evidence, Murder
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus was mooted when the Department of Rehabilitation and Correction provided the documents he requested, but that he is entitled to $1,000 in statutory damages for the delay. The department's claim the inmate's request was made solely to obtain damages is speculative.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: May 10, 2023, Case #: 2023-Ohio-1543, Categories: Public Record, Damages
Per curiam, the appeals court finds the trial court lacked authority to voluntarily order the state and defendant to mediate with a retired judge toward a plea deal in defendant's case involving fleeing and eluding, property damage and DUI claims. The trial court making such an order is an "improper intrusion into the executive branch," so the order is overturned. Defendant's petition for a writ of prohibition preventing mediation is granted, but the writ will not be formally issued so the trial court can have a chance to abide by this decision of its own accord.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2023, Case #: 23-0367, Categories: Judiciary, Dui
Per curiam, the circuit finds that the district court improperly imposed $157,500 in restitution in sentencing defendant for operating an international sex-trafficking ring with his family based on his guilty plea. The parties and the court believed restitution was mandatory, but neither of defendant’s interstate prostitution offenses constituted a crime of violence.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 10, 2023, Case #: 20-446, Categories: Sentencing, Restitution, Prostitution