Cases

884 N.E.2d 335 (2008) Patrick A. CLEARY, M.D., and Ball Memorial Hospital, Appellants-Defendants, v. Konnie A. MANNING, on her own Behalf and As the Personal Representative of Paul Manning, Deceased, Appellee-Plaintiff. No. 18A02-0707-CV-599. Court of Appeals of Indiana. April 14, 2008. *336 Charles E. Herriman, Kyle C. Persinger

DAVID, Justice. On November 4, 2010, and for what was not the first time in his life, Jeff Cleary drank and then chose to get behind the wheel of his car. Unlike in the past, however, this time his decision led to the tragic death of a sixty-three-year-old man. The State charged Cleary with multiple offenses related to his drunk driving. A jury returned

AMY, Judge. 11 This court issued, sua sponte, a rule ordering the Defendants-Appellants, Terry Meche and Farm Bureau General Insurance of Michigan (Farm Bureau), to show cause, by brief only, why the appeals in this matter should not be dismissed as premature. On August 22, 2007, this court received Appellants’ response to the rule. For the reasons given herein, we hereby dismiss the appeals. Thi

*773CRONE, Judge, dissenting. The trial court should have entered a judgment of conviction on Cleary's misdemeanor operating while intoxicated ("OWI") charges, which would have precluded a retrial on the felony OWI charges. I believe that this result is compelled by principles of fundamental fairness and the principles underlying the Indiana Constitution's

612 F.Supp.2d 1198 (2009) Joanne BOSSARD, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. No. 03-CV-209-PJC. United States District Court, N.D. Oklahoma. January 16, 2009. *1199 Gayle Louise Troutman, Troutman & Troutman PC, Tulsa, OK, for Plaintiff. Wyn Dee Baker, United

683 F.Supp.2d 730 (2010) Brian CLEARY and Rita Burke, individually and on behalf of all others similarly situated, Plaintiffs, v. PHILIP MORRIS USA, INC., et al., Defendants. Case No. 09 C 1596. United States District Court, N.D. Illinois, Eastern Division. January 13, 2010. *732 Claire Eileen Gorman, Michael H. Moirano, Nisen &a;

Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 22-FM-0770 JUDY CLEARY, APPELLANT, V. DOUGLAS H. CLEARY,

MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. Brian Cleary and Rita Burke, representing three putative classes, have sued several tobacco companies and tobacco-related entities. They filed the case in state court in 1998. Defendant Lorillard Tobacco Co. removed it to this Court after plaintiffs filed a third amended complaint on March 3, 2009. In their thi

959 F.Supp. 222 (1997) Thomas J. CLEARY by his next friend, Carolyne Cleary, and Carolyne Cleary individually, on their own behalf and on behalf of all other persons similarly situated, Plaintiffs, v. William WALDMAN, in his official capacity as Commissioner of New Jersey Department of Human Services, Leonard Fishman, in his official capacity as Commissioner of New Jersey Department of Health and Senior Services, Velvet G. Miller, in her official

OPINION KLAPHAKE, Judge. * On appeal in this parentage case, the county argues that the child support magistrate (CSM) erred in ruling that a parent’s oral request to change the minor child’s legal name at a paternity and child-support hearing, where the other parent and the nonparent whose name th

IVERS, Judge, concurring: I concur in the reasoning and the result of the Court’s opinion, and I certainly agree that there was no jurisdiction here to be retained. I write separately, however, to point out that the appellant’s counsel here has potentially placed in question this Court’s jurisdiction by permitting a parallel action to progress below during the pendency of the appeal without advising the Cour

OPINION RANDALL, Judge. * On appeal from summary judgment, appellant Meleyco Partnership No. 2 argues that the district court erred in (1) applying West St. Paul, Minn., Zoning Ordinance (WSPZO) § 37.2(1) (2012) to appellant’s legally nonconforming sign, (2) concluding that tenant Pawn America’s ch

OPINION CLEARY, Judge. Appellant challenges the district court’s order certifying him as an adult, arguing that the court abused its discretion by determining that appellant did not establish by clear and convincing evidence that retaining the proceeding in juvenile court is in the best interests of public safety, and further arguing that certifying appellant as an adult is unconstitutional. Because we concl

Corrigan, J. On November 12, 1983, after working approximately fifteen hours, the appellant parked his automobile in the parking lot of a King Kwik store in Cincinnati at approximately 10:00 p.m. and walked around the corner to McDuffie’s Bar where he stayed until the bar closed at 2:30 a.m. He was found by the arresting officer at approximately 2:55 a.m. in the driver’s seat of his car. The motor was running at high speed and h

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1358 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1359 In this appeal, the plaintiff challenges the determination of the trial court that plaintiff's suit is what is commonly known

Matter of Cleary v Nassau Health Care Corp. (2023 NY Slip Op 02121) Matter of Cleary v Nassau Health Care Corp. 2023 NY Slip Op 02121 Decided on April 26, 2023 Appellate Division, Second Department Published by New York State Law Reporting

Illinois Official Reports Appellate Court People v. Cleary, 2013 IL App (3d) 110610 Appellate Court THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. Caption DANIEL K. CLEARY, Defendant-Appellant. District & No. Third District Docket No. 3-11-0610 Filed November 21, 2013

OPINION OF THE COURT AMBRO, Circuit Judge Appellants, who are oil producers, sold their product to SemGroup L.P. and affiliates (including SemCrude L.P.), midstream oil and gas service providers and the Debtors in the underlying Chapter 11 cases. SemGroup sold oil to and traded oil futures with Appellees, downstream oil purchasers. The producers took no actions to protect themselves in case of Sem-Group’

MR. JUSTICE CREBS delivered the opinion of the court: This case involves the manner in which Federal retirement benefits are to be considered in calculating “disqualifying income” pursuant to section 611 of the Unemployment Compensation Act (Ill. Rev. Stat. 1971, ch. 48, par. 441). The plaintiff, John W. Benekos, voluntarily retire

MEMORANDUM OPINION AMY BERMAN JACKSON, United States District Judge Plaintiff Lyle A. Silva is an African-American attorney who has worked at various law firms as a contract attorney. After he was furloughed and then fired by defendant Cleary Gottlieb Steen & Hamilton (“Cleary”), he filed this lawsuit, alleging that he was fired because of his race i