10 results for 'casenum:"87"'.
Per curiam, the appellate division finds that attorney William Brammer should be suspended for 30 days due to similar sanctions imposed upon misconduct in his home jurisdiction of Washington, D.C. Brammer promptly alerted New York officials to the discipline, which included his admission to lack of client communication, and the New York suspension is retroactive to the suspension imposed in D.C. in January 2021.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 9, 2024, Case #: PM-87-24, Categories: Attorney Discipline
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, Insurance, Contract
J. Starring finds a lower court improperly sentenced a defendant on six counts of sexual conduct with a minor. The State argued it properly excluded "nonessential people" from the courtroom during the defendant's victim's testimony. However, the defendant presented sufficient evidence that the court erred in closing the courtroom during the essential parts of the proceedings. Reversed.
Court: Arizona Court Of Appeals Division Two, Judge: Staring, Filed On: February 9, 2024, Case #: 2 CA-CR 2022-87, Categories: Fair Trial, Sex Offender
Per curiam, the circuit finds that the district court properly ordered retrial for damages only after an employee prevailed in claims contending he had been subjected to retaliatory firing by a federal contractor that provides educational and vocational training to at-risk youths. The initial damages award of $3.2 million inflated future earnings and harm from termination, and the court properly declined to offer the option of remittal since the damages award was so outsized. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 8, 2024, Case #: 23-87, Categories: Damages, Employment Retaliation
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J. Troutman finds that the appellate division improperly held that the workers' compensation law judge lacked discretion to deny the request to cross-examine a physician concerning claims stemming from carpal tunnel syndrome because the plain language of the law permits employers to seek adjournments in order to call attending physicians whose reports are on file. Reversed.
Court: New York Court Of Appeals, Judge: Troutman, Filed On: December 12, 2023, Case #: 87, Categories: Civil Procedure, Experts, Workers' Compensation
J. Weissmann finds the trial court properly convicted defendant of selling methamphetamine to a confidential informant. Under state law, criminal defendants have no right to confront confidential informants, and evidence indicates defendant approached the informant twice to purchase meth. Affirmed.
Court: Indiana Court Of Appeals, Judge: Weissman , Filed On: October 10, 2023, Case #: 23A-CR-87, Categories: Confrontation, Drug Offender
J. Ashford finds for the commissioner of internal revenue in this tax liability dispute because plaintiffs failed to substantiate deductions.
Court: U.S. Tax Court, Judge: Ashford, Filed On: July 17, 2023, Case #: 2023-87, Categories: Tax
J. Merriam finds that the district court improperly established a new standard for fair credit reporting claims by holding that a threshold inquiry should occur on the nature of an alleged inaccuracy. It matter not whether a purported balloon payment reported by one credit agency on a borrower's auto loan constituted a "legal" or "factual" dispute, the former of which is not cognizable, but whether the information was verifiably accurate.
Court: 2nd Circuit, Judge: Merriam, Filed On: July 17, 2023, Case #: 22-87, Categories: Debt Collection, Class Action
J. Molaison finds that the trial court should not have denied a landlord's motion to compel arbitration under the parties' lease agreement. In this case, the tenant signed the arbitration agreement three separate times as a part of his lease. Further, the evidence belies the tenant's claim that he did not understand the arbitration agreement, given that he signed it. Reversed.
Court: Louisiana Court Of Appeal, Judge: Molaison , Filed On: May 24, 2023, Case #: 23-C-87, Categories: Arbitration, Evidence, Landlord Tenant