209 results for 'casenum:"24"'.
J. Chen finds that the patent board improperly ruled in a dispute over an "Apparatus, Method and System for a Tunneling Client Access Point" in determining unpatentability as to several claims. Reversed in part.
Court: Federal Circuit, Judge: Chen, Filed On: May 3, 2024, Case #: 5/3/24, Categories: Patent
J. Soud finds defendant's habeas corpus petition to be released from his involuntary commitment subsequent to his being found guilty of first-degree homicide for the premeditated murder of his wife must be denied. Ample evidence in the record supports the conclusion that defendant's mental illness continues to make him a manifest danger to himself or others, so his petition will not be granted.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 3, 2024, Case #: 24-0663, Categories: Habeas, Murder, Commitment
J. Willett grants the chamber of commerce's petition for a writ of mandamus challenging the district court's denial of a preliminary injunction. The chamber calls into question a final rule issued by the Consumer Financial Protection Bureau decreasing the safe harbor amount for charging credit card late fees. The chamber had a short window of time to comply with the rule or seek the injunction. The court’s inaction amounted to an effective denial of the injunction. The district court also lacked jurisdiction to transfer the case after this appeal was docketed.
Court: 5th Circuit, Judge: Willett , Filed On: May 3, 2024, Case #: 24-10266, Categories: Commerce, Banking / Lending, Injunction
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J. Stevens finds that the lower court properly sentenced defendant for shooting and killing his neighbor’s two German Shepherd dogs who were on his property, barking at and chasing deer he raised. The deer were fenced, and the dogs were interacting with the deer on the outside of the fence, so the killings were not protected by a legal defense that permits the killing of dogs in the process of killing or wounding other domestic animals. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: May 2, 2024, Case #: J-S08038-24, Categories: Criminal Procedure, Sentencing, Animal Cruelty
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
J. Marcel finds that a public works bid was properly awarded to a construction company for the school board's project. In this case, the check included by the construction company with its bid submission is a cashier’s check and was submitted both electronically as part of its bid and physically delivered to the school board. A cashier's check is a check drawn by a bank upon itself and is considered accepted by the bank upon issuance. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Marcel , Filed On: May 1, 2024, Case #: 24-C-183, Categories: Construction, Contract
J. Savoie finds that the lower court improperly terminated the father's parental rights over his child. There is no case plan in the record and the caseworker testified that she never met with the father. Furthermore, it appears the father was never ordered to pay child support so his rights cannot be terminated for failing to pay support. Reversed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: May 1, 2024, Case #: JAC-24-46, Categories: Family Law
J. Scales finds the trial court did not follow proper procedures in entering an order of disposition that required the mother to undergo a mental health evaluation as part of a plan to regain custody of her daughter placed into foster care after being sexually assaulted by the father of the mother's other child. The relevant statutes and procedures required the trial court to give the mother proper notice and specify the time, manner and other details of the mental health evaluation, neither of which occurred. The mother's petition for writ of certiorari is construed as an appeal, and the portion of the court's order requiring the mental health evaluation is overturned without prejudice. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 1, 2024, Case #: 24-0404, Categories: Family Law
J. Brown finds the circuit court properly terminated the parents' parental rights to their minor children. The department exercised a hold on the children, filing a petition for dependency-neglect after the incoherent and lethargic father was taken to the hospital for suspected drug use. The mother admitted to being on drugs, though she refused testing, also refusing to allow the department to investigate the state of the home. She admitted to being five months pregnant, though she refused treatment. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: May 1, 2024, Case #: CV-24-5, Categories: Evidence, Family Law, Guardianship
J. Panella finds that the lower court properly granted a summary judgment motion filed by an equipment rental and turf farming company against a landscaper. The landscaper failed to properly support its appeal argument that the trial court improperly precluded it from raising defenses of laches and estoppel. Affirmed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: May 1, 2024, Case #: J-A06022-24, Categories: Civil Procedure, Property
J. Parker finds that the lower court properly entered an order modifying the parent-child relationship and appointed the father as "sole managing conservator with the exclusive right to determine the residence" of the children. Contrary to the mother's argument, the evidence sufficiently supports the lower court's best interest finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: April 30, 2024, Case #: 07-24-00002-CV, Categories: Evidence, Family Law
Per curiam, the Vermont Supreme Court finds that the lower court properly held the defendant without bond pending trial for sexual assault without consent. Defendant’s confession that he did try to penetrate his live-in girlfriend’s anus and her sworn statements were enough evidence to hold him without bond. He argues that his due process was violated when the weight of the evidence hearing was delayed, but he did not preserve that objection for review. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: April 30, 2024, Case #: 24-AP-098, Categories: Sex Offender, Bail, Due Process
J. Alley declines to issue a petition for writ of mandamus vacating discovery-related orders in a divorce case. The relator ex-husband, who is a lawyer, argued discovery requests from his lawyer ex-wife could improperly require him to produce “attorney-client and work-product documents,” but the lower court has not yet ruled on privilege issues and, therefore there is “no clear abuse of discretion.”
Court: Texas Courts of Appeals, Judge: Alley, Filed On: April 30, 2024, Case #: 08-24-00026-CV, Categories: Civil Procedure, Family Law, Discovery
J. Panella finds that the lower court improperly granted defendant’s petition for writ of habeas corpus in this case over her assault of a Pennsylvania police officer who detained her because she assaulted him when he opened the door to her home. The police officer’s testimony showed there was probable cause to believe defendant had attempted injure the officer in the performance of his duty. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: April 26, 2024, Case #: J-S05012-24, Categories: Criminal Procedure, Habeas, Search
Per curiam, the appellate division finds that attorney Katherine Ann Aidala of Colorado may be reinstated following her January 2014 suspension for failing to meet registration requirements and grants her leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-71-24, Categories: Attorney Discipline
J. Rivera finds that the appellate division improperly convicted Hollywood mogul Harvey Weinstein of sex crimes based on uncharged prior bad acts not germane to the case because cross-examining Weinstein about those allegations threatened to portray him in a highly prejudicial light, and a new trial should be held since both errors deprived him of a fair trial. Meanwhile, the court properly held that rape charges were not time-barred because the statute of limitations had been tolled for time during which Weinstein was continuously out-of-state. Reversed in part.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: April 25, 2024, Case #: 24, Categories: Evidence, Fair Trial, Sex Offender
Per curiam, the Nebraska Supreme Court accepts Robb N. Gage's voluntary surrender of his license, entering a judgment of disbarment. Gage was arrested and charged with four counts of possession of a controlled substance and had his license temporarily suspended. He pleaded no contest to the charges before filing the voluntary surrender. He has knowingly filed for voluntary surrender, meeting all requirements, and has waived all proceedings.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: S-24-061, Categories: Licensing, Attorney Discipline
Per curiam, the appellate division finds that attorney Kali Chantelle Jones may be reinstated following her may 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-75-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Demetra Agriantonis may be reinstated following her January 2014 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-70-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Sabrina Alyce Nelson may be reinstated following her May 2019 suspension for failing to meet registration requirements because she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-72-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Catherine Sunae Shin may be reinstated following her October 2021 suspension for failing to meet registration requirements since she demonstrated compliance with the suspension order and possessed the requisite character to practice law.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-73-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that attorney Vilas Dhar of Florida may be reinstated following his October 2021 suspension for failing to meet registration requirements and simultaneously grants him leave to resign from the New York bar for nondisciplinary reasons.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: PM-74-24, Categories: Attorney Discipline