Cases

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 51 KA 16-01026 PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND CURRAN, JJ. THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT, V MEMORANDUM AND ORDER JOYCE LEWIS, DEFENDANT-RESPONDENT. R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA, FOR APPELLANT. LEANNE LAPP, PUBLIC DEFENDER, CANANDAIGUA (MARK C. DAVISON OF COUNSEL), FOR DEFENDA

281 F.3d 1081 Joyce LEWIS, Plaintiff-Appellant,v.Jo Anne B. BARNHART,* Commissioner of Social Security, Defendant-Appellee. No. 99-35922. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 4, 2001. Filed March 1, 2002.

Goss, Judge. On appeal from a trial court's order modifying custody in favor of the mother of the two children at issue, the father asserts that the trial court erred in denying his motion to dismiss the mother's counterclaim for visitation, awarding child support to the mother, denying the father's offer of proof at the final hearing, and awarding the mother attorney fees. We find no error and affirm. Under the part

Appeal from an oral order of the Ontario County Court (Stephen D. Aronson, A.J.), rendered August 13, 2015. The oral order granted that part of defendant’s omnibus motion seeking to suppress evidence and dismissed the charges in the superior court information. It is hereby ordered that the oral order so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress evidence is denied, the superio

Appeal from an oral order of the Ontario County Court (Stephen D. Aronson, A.J.), rendered August 13, 2015. The oral order granted that part of defendant’s omnibus motion seeking to suppress evidence and dismissed the charges in the superior court information. It is hereby ordered that the oral order so appealed from is unanimously reversed on the law, that part of the omnibus motion seeking to suppress evidence is denied, the superio

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

PARIENTE, J. The issue in this case is whether trial courts may apply a contingency fee multiplier to an award of attorney’s fees to a prevailing party only in “rare” and “exceptional” circumstances, as the Fifth District Court of Appeal held in Federated National Insurance Co. v. Joyce, 179 So.3d 492 (Fla. 6th DCA 2015). Petitioners, the insureds in a successful dispute with their homeowners’ insu

153 F.3d 591 137 Lab.Cas. P 58,522 Karen COLLINS, and on behalf of Edna Mae Campbell, Plaintiff/Appellee,v.Gary BELLINGHAUSEN, Defendant/Appellant,Joyce Lewis, Defendant,Rick Meyer, Lena Knight, Defendants,David Willis, Defendant/Appellant,James Comstock, Defendant,Angela Knipple, Defendant/Appellant.Karen COLLINS, and on behalf of Edna Mae Campbell, Plaintiff/Appellee,v.Gary BEL

SCHUMAN, S. J. In this proceeding under ORS 183.490 to compel the Public Utility Commission (PUC) to order four utilities to establish “automatic adjustment clauses,” we reversed a supplemental judgment of the trial court awarding attorney fees to plaintiffs Ken Lewis and the Utility Reform Project (URP), concluding that there was no statutory authorization for the award. Lewis v. Beyer, 262 Or App 486, 325 P3d 59 (20

QUINCE, J. We initially accepted jurisdiction to review the decision of the First District Court of Appeal in Hunter v. Shaw, 182 So.3d 784 (Fla. 1st DCA 2015), based on express and direct conflict. See art. V, § 3(b)(3), Fla. Const. After further consideration, we conclude that jurisdiction was improvidently granted. Accordingly, we hereby discharge jurisdiction and dismiss thi

TOOKEY, J. Defendant appeals a judgment of conviction for felony assault in the fourth degree, ORS 163.160 (Count 1); coercion, ORS 163.275 (Count 3); and two counts of harassment, ORS 166.065 (Counts 4 and 5).1 He seeks reversal of' his conviction for assault in the fourth degree, assigning error to the trial court’s denial of his motion for judgment of acquittal. We conclude that the state failed

SCHUMAN, S. J. The Public Utility Commission (the PUC) appeals from a supplemental judgment of the Marion County Circuit Court awarding attorney fees to plaintiffs Ken Lewis and the Utility Reform Project (URP) after plaintiffs prevailed in an action under ORS 183.490 to compel the PUC to order four utilities to establish “automatic adjustment clauses” pursuant to Senate Bill (SB) 408 (2005) and former ORS 757.268 (20

STROUD, Judge. Defendant appeals his convictions for improper storage, of a firearm and involuntary manslaughter. For the following reasons, we find no error but remand for correction of a clerical error. I. Background This case arises from the tragic death of defendant’s three-year-old son, Sam.1 The State’s evidence tended to show that on the morning of 16

DUNCAN, J. Defendant appeals the trial court’s probation revocation judgments in two cases: Case Number 09P50711 (A148651) and Case Number 10P3043 (A148650). On appeal, defendant raises a single assignment of error, which relates only to Case Number 10P3043. Specifically, defendant assigns error to the trial court’s imposition of consecutive revocation sanctions in that case. He argues that, because the sanctions were based on

SYKES, Circuit Judge. The Illinois law firm of Edward T. Joyce & Associates, P.C., purchased professionalliability insurance from. Professionals Direct Insurance Company, a Michigan-based insurer. In 2007 the Joyce firm won a, large damages award for a class of securities-fraud plaintiffs and hired another law firm to sue to collect the money from the def

*628 LINDER, J. This case requires us to examine the legal standard for the mental state of criminal negligence and to assess, when tested by that standard, whether the record in this case is sufficient to support defendant’s conviction of criminally negligent homicide. Defendant, while driving a tractor-

GERBER, J. The borrower appeals from the circuit court’s foreclosure judgment for the bank. The borrower argues that the bank did not have standing to pursue the foreclosure action because it acquired the note and mortgage and was substituted as the plaintiff during the pendency of the action. We disagree with the borrower’s argument because the original lender possessed the note and mortgage when it filed suit against the b

SHAW, J. We have for review Joyce v. State, 713 So.2d 1053 (Fla. 2d DCA 1998), based on conflict with State v. Thompson, 735 So.2d 482 (Fla.1999). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. Joyce pleaded guilty to numerous criminal charges and was sentenced as an habitual offender. The district court reversed the- sentences because the trial court failed to explain to Joyce

631 F.Supp.2d 1063 (2009) Tod A. LEWIS, Plaintiff, v. Paul M. WEISS, Eric D. Freed, and Freed & Weiss LLC, Defendants. No. 09 C 907. United States District Court, N.D. Illinois, Eastern Division. July 6, 2009. *1064 Edward T. Joyce, Rowena T. Parma, Edward T. Joyce & Associates P.C., Chicago, IL, for Plaintiff. Mic

BY THE COURT: *1292A petition for rehearing en banc having been filed, a member of this Court in active service having requested a poll on whether this case should be reheard en banc, and a majority of the judges of this Court in active service having voted in favor of granting rehearing en banc, it is ORDERED that this case will be rehear