2,697 results for 'judge:"Per curiam"'.
Per curiam, the Fifth Circuit finds the district court properly dismissed civil rights claims brought by the individual against whom criminal trespass warnings were issued. Issued the warnings after city library staff reported him for harassment, the individual sent complaints and notices to various municipal entities and officers. He was then again reported for violation of the library warning. He asserts over 100 civil claims seeking millions of dollars in damages. Qualified immunity shields officials performing discretionary functions from civil liability. No federal claims remain, and there is no abuse of discretion in the district court's declining to exercise supplemental jurisdiction over state claims. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 26, 2024, Case #: 23-11190, Categories: Civil Rights, Government, Damages
Per curiam, the Fifth Circuit finds the district court improperly ordered defendant to pay $6000 in restitution to the victim's mother. Defendant plead guilty to two counts of production of child pornography in exchange for the government's dismissal of five other counts. The presentence report cites inapplicable statutes and the court failed to conduct the required proximate-cause analysis. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: April 25, 2024, Case #: 22-11001, Categories: Restitution, Due Process, Child Pornography
Per curiam, the Nevada supreme court grants the petition for a writ of mandamus challenging the denial of a petition for temporary guardianship over minor children. The grandparents filed a petition for general guardianship, explaining that the children had been exposed to unsafe conditions living with their mother and her new partner with a criminal background. The petition was denied without prejudice for failure to provide proof of proper service. The mother filed an objection, and the children filed to appoint the grandparents as temporary guardians pending a decision on general guardianship. The court denied the petition without a hearing, failing to give the request consideration.
Court: Nevada Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: 88027, Categories: Family Law, Due Process, Guardianship
Per curiam, the Nebraska supreme court accepts the lawyer's voluntary surrender of his license, entering a judgment of disbarment. The lawyer was arrested and charged with four counts of possession of a controlled substance and had his license temporarily suspended. He pled 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
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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 the homeowner is entitled to nominal damages of $10 in a breach of contract action against her neighbor who completed their renovation using a cheaper brick that does not exactly match the homeowner's front façade. No evidence was admitted as to the cost of the bricks the defendant neighbor used, so it is not possible to determine the difference between that figure and the cost of matching bricks. However, the homeowner is entitled to attorney fees of $30,000, 10 percent of the amount she requested. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02253, Categories: Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court improperly dismissed a petition for a declaration that the July 27, 2023 elections of the democratic district leaders for the 68th Assembly District, Part A are null and void. The elections were invalid because the meeting of 13 out of 84 members of the divisional committee lacked a quorum, and notice for the meeting should have been sent to members elected in the June 2023 primaries, not the outgoing 2022 members. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02255, Categories: Elections
Per curiam, the appellate division finds that the lower court properly dismissed an employee's age discrimination suit. The employer submitted evidence that it believed its swap dealer registration was imminent, and therefore restructured the employee's department based on the bank's anticipated future needs. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02264, Categories: Employment Discrimination
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
Per curiam, the Ninth District denies the inmate's petition for a writ of mandamus. The inmate seeks to compel the trial court to provide file-stamped copies of documents involving tax sale proceeds for which he is an heir. He fails to explain why not having file-stamped documents, or a response from the clerk acknowledging their filing, prevents him from proceeding to a disposition of his motion for release of the proceeds.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: April 25, 2024, Case #: 09-23-00335-CV, Categories: Tax, Wills / Probate, Prisoners' Rights
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
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 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 Florida Supreme Court answers a certified question in the affirmative by holding that personal injury protection providers may pay 80% of a charge submitted by a medical provider even if the charge is for less than the amount reimbursable under the schedule.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: SC2022-0735, Categories: Insurance
Per curiam, the appellate division finds that the lower court improperly denied the flooring subcontractor's motion for a property inspection in a trip and fall suit alleging a woman tripped over a vent hole in the carpet. The contractor is entitled to inspect the site of the incident giving rise to the woman's serious injuries, even if the vent cover has already been replaced. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 25, 2024, Case #: 02251, Categories: Evidence, Tort
Per curiam, the appellate division finds that attorney Eric Plant may be reinstated following his October 2021 suspension for failing to meet registration requirements because he 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-76-24, Categories: Attorney Discipline
Per curiam, the appellate division finds that that lower court properly denied the man's petition to be deemed a member of the NYC Employees' Retirement System based on his work for 54 days in 1997 as a provisional assistant engineer. The man never applied for membership in the pension system, and cannot not seek retroactive membership. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02198, Categories: Pensions, Labor / Unions
Per curiam, the circuit finds that the district court properly denied defendant's request to vacate one conviction stemming from a terrorism-related plot to engage in coordinated suicide bombings in the New York City subway system. Because defendant was convicted of possessing a destructive device in furtherance of a crime of violence, he also was guilty of attempted terrorism as a crime of violence on the premise of aiding and abetting. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: April 24, 2024, Case #: 21-1438, Categories: Terrorism
Per curiam, the appellate division finds that the lower court improperly ordered the defendants to respond to the second set of interrogatories for information identifying any gifts or transfers made to family members since 1998 in this suit seeking a judgment to declare plaintiff the sole owner and stockholder of the family business. This request is overly broad and burdensome, as the only relevant period is for gifts or transfers made in 2012. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02182, Categories: Business Practices, Discovery
Per curiam, the appellate division finds that the lower court improperly dismissed the paternal grandmother's petition for additional visitation with her grandchildren due to the mother's cancellation of visits. The grandmother is entitled to a hearing on her allegations that the mother interfered with her visitation rights and whether that conduct warrants a modification of the visitation order. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 24, 2024, Case #: 02201, Categories: Family Law
Per curiam, the appellate division finds that the lower court improperly dismissed the insurer's claim for a declaratory judgment that it has no duty to defend the archdiocese in 1500 underlying sexual abuse actions. The insurer's allegations concerning the archdiocese's longstanding awareness of sexual abuse should not have been discounted. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02139, Categories: Tort, Indemnification
Per curiam, the appellate division finds that the lower court properly denied the former employee's claim to have a 65% ownership interest in the firm, but also denied the firm's motion to dismiss the claim that she was never given the value of her interest in the firm within 60 days of her resignation. The parties' agreement is ambiguous on the issue of what the employee is to be paid out for there interest in the firm, so this issue must go to a jury. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02133, Categories: Employment, Contract
Per curiam, defendant's appeal is denied. Defendant was convicted on two counts of arson and one count of possessing a firebomb associated with his role attempting to burn the district attorney's garage and firebomb the district attorney’s home. He was sentenced to 35 years confinement followed by 15 years extended supervision for the arson convictions, and a consecutive two-year sentence followed by three years extended supervision for the firebomb conviction. Defendant argues his sentence should be modified since he assisted law enforcement in the prosecution of a fellow inmate, but the lower court found that it did not constitute a new factor, and is therefore not eligible for sentence modification. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP002094-CR, Categories: Sentencing, Arson
A group of policemen and firefighters appeal the lower court’s decision to dismiss their action concerning retirement benefits. They began their employment in February 2000, while negotiations were underway for changes in retirement funds. When the existing fund rolled into the current fund, with the consent of the group and all other investors in the fund, certain additional benefits became available to invested employees who began working on or prior to January 1, 2000. Despite their employment beginning after that date, the group argues they are entitled to the additional benefits as if they were employed on or before the date. The lower court disagreed as does the instant court. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP1401, Categories: Employment
Per curiam, the appellate division finds that the lower court improperly dismissed an employee's race discrimination claims against the city. The employee raised an inference of racial animus through allegations of differential treatment of similarly situated white officers. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02156, Categories: Employment Discrimination
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: Education, Due Process