Temporary Stay Issued in White House Subpoena Case Sep 6, 2008
In a per curiam order, Circuit Judges Douglas Ginsburg, Raymond Randolph and David Tatel said the parties must file supplemental memos that address two critical questions: Does the appellate court have jurisdiction and will the case become moot upon the expiration of the 110th Congress. The House Judiciary Committee must respond by 4 p.m. Wednesday. (Law.com)
Panel Upholds 'Privileged Material' Ruling Against Mohawk Aug 28, 2008
Carpenter's conversation with Morillo is at the heart of per curiam decision by Judges Edward E. Carnes, Stanley Marcus and U.S. District Judge Susan C. Bucklew, sitting by designation from the Middle District of Florida. After Carpenter sued, lawyers for a proposed class of Mohawk employees in the racketeering case sought an emergency evidentiary hearing to bolster their case against Mohawk. (Law.com)
Court Calls $8-a-Day Med-Mal Award for Amputee a 'Miscarriage of Justice' Aug 23, 2008
Appellate Division Judges Dorothea Wefing, Lorraine Parker and Ellen Koblitz agreed in a per curiam opinion, citing three Appellate Division rulings in which compensatory damages of $50,000 were deemed insufficient. Von Borstel v. Campan, 255 N.J. Super. (Law.com)
Lawyer Wins Lengthy Fee Fight With Former Client at Texas Supreme Court Jul 19, 2008
"[T]he absence of a fixed total price for services does not indicate a failure of the parties to reach a meeting of the minds with regards to the essential terms of the contract," the Supreme Court wrote in its July 11 per curiam opinion in Sacks v. Haden. In a second per curiam opinion in Sacks, the court addressed a turnover order issued by the trial court ... In a separate per curiam opinion in Sacks, the Supreme Court reversed the 1st Court's decision regarding the trial court's turnover... (Law.com)
Smith Barney's 'Golden Handcuffs' Incentive Plan Gets Court's Blessing Jun 26, 2008
"The CAP ... was entirely voluntary and its terms were fully disclosed to each of them," the court wrote per curiam. "Plaintiffs' interest in the CAP was defined, and both the indicia of and control over that interest, through receipt of dividends and the ability to exercise voting rights, was immediate.". (Law.com)
Divided 2nd Circuit Denies Hearing by Full Court in Bias Case Jun 13, 2008
Three days prior to the filing of opinions against and for rehearing en banc, the three-judge panel withdrew its summary order and issued a per curiam opinion adopting the reasoning of Arterton ... Cabranes questioned the use of the per curiam opinion issued Monday by the original panel after it had withdrawn the summary order ... He said the "use of per curiam opinions of this sort, adopting the full reasoning of a district court without further elaboration, is normally reserved for cases that... (Law.com)
N.Y. Dead Man's Statute Doesn't Bar Attorney's Defense in Disciplinary Case Jun 13, 2008
"We therefore look to the language of section 4519, and reach the same conclusion as did the referee: although Zalk 'testified as a witness in his own behalf or interest,' ... he did not testify 'against the executor, administrator or survivor' of Mrs. Gellman," the court held in a per curiam ruling. "Rather, he testified against the Disciplinary Committee, which is none of these latter.". (Law.com)
2nd Circuit Applies 'Batson' to Challenge of White Jurors Jun 12, 2008
But Judges Wilfred Feinberg and Roger Miner rejected that argument in a per curiam opinion. Judge Peter Hall recused himself after oral argument. (Law.com)
N.Y. High Court Upholds Judge's Removal for Jailing 46 for Ringing Cell Phone Jun 6, 2008
"By indiscriminately committing into custody 46 defendants, petitioner deprived them of their liberty without due process, exhibited insensitivity, indifference and a callousness so reproachable that his continued presence on the Bench cannot be tolerated," the court held in a per curiam ruling. The court affirmed the. (Law.com)
Texas Seeks State High Court's Help in Custody Dispute Over Polygamist Sect Children May 24, 2008
In a per curiam opinion on Thursday, the three-justice panel of the 3rd Court granted a writ of mandamus sought by 38 women who are mothers to about 130 children. The 3rd Court ordered a trial judge to vacate temporary orders granting sole managing conservatorship of the children to TDFPS, which oversees CPS.. (Law.com)
Texas Lawyer reports May 23, 2008
In a per curiam opinion, the three-justice panel granted a writ of mandamus sought by 38 women who are mothers to some of the children. The 3rd Court ordered a trial judge to vacate temporary orders granting sole managing conservatorship of the children to the Texas Department of Family and Protective Services, which oversees Child Protective Services (CPS). (Law.com Newswire)
Accommodating Lawyer's Vacation Doesn't Justify Inverting Order of Testimony May 8, 2008
However, "if the court wanted to accommodate plaintiff's counsel's vacation schedule, the appropriate resolution would have been to declare a mistrial, not to force the defense to present its case first," said Appellate Division Judges Michael Winkelstein and Laura LeWinn, in an unpublished per curiam opinion. Whether the jury had been confused by the shuffling was speculative, but the judges refused to impose on the defendant the burden of proving confusion because "the order of presentation of... (Law.com)
2nd Circuit Strikes Down N.Y. 'Passenger Bill of Rights' Mar 26, 2008
In a unanimous per curiam decision, the 2nd U.S. Circuit Court of Appeals found New York's statute -- the first of its kind in the nation -- had been pre-empted by the federal Airline Deregulation Act of 1978. The ruling reversed the , who rejected a. (Law.com)
Supreme Court Scorecard Jan 7, 2008
The court issued a per curiam or "of the court" ruling in this case which split the justices 4-4. Per curiam rulings give no explanation for the decision. (Fox News -- Politics)
Court rules against man convicted of Rusk County murder Nov 21, 2007
1 PER CURIAM. Royce Minnich appeals an order denying his motion for postconviction relief under Wis. Stat. (Chippewa Falls Chippewa Herald, WI)
More of this story Nov 21, 2007
"This court does not reverse a denial of post conviction unless the trial court's findings are clearly erroneous," the Arkansas Supreme Court said in its per curiam orders. "A finding is clearly erroneous when, although there was evidence to support it, the appellate court after reviewing the entire evidence is left the definite and firm conviction that a mistake has been committed," the opinion said. (Hamburg Ashley County Ledger, AR)
9th Circuit Rebukes Judge for Tossing Suit Nov 15, 2007
In the unsigned per curiam opinion, the three 9th Circuit judges also said Real acted with "unseemly haste" by dismissing the case in spite of a "perfectly plausible (and meritorious) explanation" from plaintiffs attorney Stanley Raskin ... Tuesday's per curiam ruling was not the first time Real has been ripped into for his conduct on the bench. (Law.com)
5th Circuit Restricts Trial Courts' Discretion in Venue Motions Nov 3, 2007
In a 2-1 per curiam opinion on Feb. 13, a 5th Circuit panel agreed with Ward's decision to keep the case. Volkswagen appealed by filing a motion for en banc reconsideration of its petition for writ of mandamus. (Law.com)
NYC Loses Round Before Supreme Court on Tuition Payback Policy for Learning-Disabled Students Oct 11, 2007
In its two-sentence, per curiam opinion, the Court did not reveal the judges' individual votes, stating only, "The judgment is affirmed by an equally divided Court. Justice Kennedy took no part in the decision of this case.". Per Court protocol, Kennedy did not reveal the reason for his recusal. (Law.com)
$3 Million Verdict Reinstated for Real Estate Brokerage That Sued Its Lawyer, Insurer Oct 9, 2007
"Subject matter jurisdiction does not involve issues concerning who, within the court of common pleas, has the ability to order or effect a certain result. Rather, subject matter jurisdiction is conferred upon the court of common pleas as a whole," the panel said in its per curiam opinion. "The question of whether the jury had the power to sit as a fact-finder and render a verdict does not implicate the subject matter jurisdiction of the court of common pleas and would not divest the court of... (Law.com)
Court grants Kittilstad new trial Oct 3, 2007
1 PER CURIAM. Richard Kittilstad appeals an order denying his Wis. Stat. (Chippewa Falls Chippewa Herald, WI)
Judge Orders Murtha to Testify in Haditha Defamation Case... Sep 30, 2007
Federal judge orders Murtha to testify in Haditha defamation case - The Crypt's Blog - Politico. Subject Endorser disses Rudy Question Is Giuliani to appeal to the Republican party's conservative base. (The Drudge Report)
N.J. Supreme Court Blocks Third-Party Payers' Class Action Over Vioxx Costs Sep 7, 2007
In the 5-0 per curiam decision, Justice Barry Albin recused and Chief Justice Stuart Rabner did not participate; he was not yet on the court when the case was argued on March 19. A separate appeal headed for the court asks it to decide whether a class of former Vioxx users can sue Merck for the cost of medical monitoring, absent any present injury from taking the painkiller, which was withdrawn after it was linked to heart problems. (Law.com)
D.C. Circuit: Grand Jury Witnesses Can Review Testimony Aug 21, 2007
"We hold that grand jury witnesses are entitled to review the transcripts of their own testimony in private at the U.S. Attorney's Office or a place agreed to by the parties or designated by the district court," wrote D.C. Circuit Judges Judith Rogers and Brett Kavanaugh and Senior Judge Harry Edwards in their 21-page per curiam opinion. Justice Department spokesman Dean Boyd says officials are still debating whether to ask the full court to review the decision. (Law.com)
5th Circuit Certifies Major Insurance Questions to Texas High Court Aug 21, 2007
"A ruling on this issue is determinative of whether the pleadings in the underlying suits allege property damage that occurred during the policy period, thereby determining whether OneBeacon has a duty to defend and indemnify DBS," according to the per curiam certification order in which 5th Circuit Judges Carolyn Dineen King, Harold DeMoss and Priscilla Owen participated. "If the underlying pleadings' allegations of hidden but progressing damage are sufficient to allege covered damage... (Law.com)
N.J. Court: Malpractice Deadline Is Tolled by New Lawyer's Advice Aug 16, 2007
"We reject the motion judge's conclusion essentially suggesting that unhappiness with the terms of a settlement equates to knowledge of sufficient facts as to trigger the commencement of the statute of limitations," Judges Howard Kestin, Harvey Weissbard and Marie Lihotz said in their per curiam opinion. The opinion was not published, but it reminds matrimonial lawyers that there is no telling how long after a final judgment they can remain liable for malpractice. (Law.com)
N.J. Appeals Court: Client's Illegitimate Purpose Isn't Necessarily the Lawyer's Aug 4, 2007
Judges Jack Lintner, George Seltzer and Christine Miniman, writing per curiam, said they could find no reported decision on the issue. Their own opinion is not published either, but lawyers in the case say it should be. (Law.com)
Frequent Filer's 'Fraud on the Court' Found Actionable Jun 30, 2007
The per curiam opinion called this "a fact which plaintiff was obviously aware of when he commenced this frivolous suit.". The adjudication of fraud by the Essex County jury in the ADP case was not Triffin's first. (Law.com)
Read the decision Jun 29, 2007
464 (2006) (per curiam) ... Inc., (1990) (per curiam). (USA Today -- Money)
Is Exxon Valdez Litigation Over? Company Says It Will Appeal Again Jun 2, 2007
In its per curiam decision, the 9th Circuit made it clear it wanted the almost 20-year-old case resolved. "It is time for this protracted litigation to end," the court wrote. (Law.com)
Fla. Supreme Court Makes Landmark Change to Trial Procedure May 9, 2007
The per curiam opinion states the change "brings Florida procedure into accord with the procedure in the overwhelming majority of jurisdictions.". In making the decision, the court sided with the Florida Bar's Criminal Procedure Rules Committee, which recommended the change, and went against the Florida Bar Board of Governors, which voted not to support the change. (Law.com)
SCOTUS-gate: Mar 16, 2007
March 2006: Clerk-gate, Part IIIAn unsigned per curiam opinion issues from the Supreme Court declaring abortion illegal under all circumstances, overruling Brown v. Board of Education, and striking down the University of Michigan's affirmative action policy. Several of the associate justices express some dismay that these cases were never argued or briefed at the high court and that the alleged opinion was never circulated. (Slate)
11th Circuit Upholds Dismissal of McDonald's From Strip-Search Suit Oct 5, 2006
"The brevity of the opinion, the fact that it was per curiam, seems to say that it was pretty clear-cut," said Holland t partner Mary Ann B. Oakley, who made the argument for McDonald's. Patrick T. O'Connor of Savannah's Oliver Maner who argued for the plaintiff, said Sept. 29 the case would proceed against GWD but a further appeal over McDonald's liability was "unlikely.". (Law.com)
The Future of Obviousness Aug 24, 2006
Interestingly, the Court in Dennison Manufacturing Co. v. Panduit Corp., 475 U.S. 809 (1986) (per curiam), had an early opportunity to take the issue when the Federal Circuit reversed a trial judge who recognized that he "must not pick and choose isolated elements from the prior art and combine them so as to yield the invention in question if such a combination would not have been obvious at the time of the invention" and yet held the patents to be invalid for obviousness. The Court deemed the... (Law.com)
Don't buy right-wing rubbish Aug 14, 2006
Their flim-flam per curiam decision stated that there wasn't enough time to accurately recount the Florida vote. Apparently, there was sufficient time for them to hate Jews. (Boulder Colorado Daily, CO)
N.Y. Appeals Court Boosts Sanctions Over 'Entirely Frivolous' Appeal Jul 15, 2006
On Thursday, in a 17-page per curiam opinion, the 1st Department granted fees and expenses, remanding the matter to the Supreme Court to establish the amount. The defense attached legal bills totaling more than $70,000 to their appellate briefs. (Law.com)
Representation of Uninjured Clients Brings Disbarment for Pa. Lawyer Jun 23, 2006
They recommended disbarment, and the justices agreed in a succinct per curiam order filed earlier this week. "The tenor of [Radbill's comments during the hearing] does not suggest that he is sorry for his behavior, but rather he is sorry he was caught," according to the board's report, which was signed by member Min Suh, a partner at Fox Rothschild in Philadelphia. (Law.com)
Books on Wife-Training and Defrauding How-To's Doom Author's Bid to Avoid Jail Jun 22, 2006
"Ultimately," wrote the 2nd Circuit in a per curiam opinion, Siragusa "concluded that Kane's published advice on running real estate and mail order schemes undercut his professed honesty, and his "Mastering the Art of Male Supremacy" guide "tempered the sincerity of his spousal devotion. " It noted that the U.S. Supreme Court in Dawson v. Delaware, 503 U.S. 159 (1992), had ruled that the First Amendment "does not erect a per se barrier" to the admission at sentencing of a defendant's beliefs or... (Law.com)
W.Va. justices ordered to review case Jun 20, 2006
In a 6-3 per curiam ruling released Monday, the U.S. Supreme Court vacated that decision, sending the case back to the state court for further consideration. - advertisement. (Charleston Gazette, WV -- News)
N.Y. Judge Who Helped Robbery Suspect Evade Arrest Is Removed Jun 15, 2006
But the majority, in a per curiam opinion, essentially responded that it did not matter. "[W]e have never implied that removal is limited to those categories of cases that have formerly come before us," the court said. (Law.com)
FDA: Green tea doesn't lower heart disease risk May 11, 2006
(per curiam) (upholding FTC order to excise "Dollar a Day" trade name as deceptive because "by its nature [it] has a decisive connotation for which any qualifying language would result in contradiction in terms."), cert denied, 423 U.S. 827 (1975); Continental Wax Corp. v. FTC, 330 F.2d 475, 480 (2d Cir. 1964) (same); Pasadena Research Labs v. United States, 169 F.2d 375 (9th Cir. (Food Consumer)
N.Y. Appellate Court Rejects Suit Over Leno's Mocking Display of Photo Mar 24, 2006
Civil Rights Law 50 and 51 must be "narrowly construed and 'strictly limited to nonconsensual commercial appropriations of the name, portrait or picture of a living person,'" the panel held in its per curiam decision, Walter v. NBC Television Network, 05-01646. "Here, the use of plaintiff's photograph by the NBC defendants was not strictly limited to a commercial appropriation, and thus the use of the photograph does not fall within the ambit of those sections of the Civil Rights Law," the... (Law.com)
The Austin Powers footnote: <a href="http://www. Feb 22, 2006
In addition to issuing opinions in argued cases today, the Court also issued three per curiam opinions, which can be accessed ; ; and (along with and ). It appears that Justice Alito took part in these per curiam rulings, although of course he did not participate in the decisions announced today in the two argued cases, because he was not on the Court when those cases were argued. (Blawg)
High Court Remands to Lower Court on Campaign Reform Law Jan 24, 2006
Roberts' concerns were reflected in the unsigned per curiam opinion that he announced from the bench on Monday. "In upholding [the law] against a facial challenge, we did not purport to resolve future as-applied challenges," the ruling stated. (Law.com)
Michigan Supreme Court Rules That Statute of Limitations for Defamation Actions Runs From Date Statement is Initially Published Jan 7, 2006
Read the entire (per curiam) ruling. January 5, 2006. (Blawg)
Cal. 288(a) Viol. Is Crime of Violence Jan 7, 2006
Jan. 5, 2006): In this per curiam decision following a Booker remand from the US Supreme Court, the Ninth Circuit held that the defendant's prior convictions for lewd and lascivious acts on a minor (Cal. Pen. (Blawg -- Appellate Law)
