Cases

KELLER, J., concurring in part and dissenting in part. I concur with part II of the majority opinion. I respectfully dissent with respect to the conclusion reached in part I, that there was sufficient evidence for the jury to reasonably infer that the defendant, Toby Arthur Berthiaume, knowingly or recklessly inflicted physical injury on the victim and is therefore guilty of burglary in the first d

MANSFIELD, Justice. This case presents the question whether a motorist who initially refuses chemical testing for intoxication may change his or her mind, provided the motorist does so within a short and reasonable time and certain other conditions are met. We conclude that a rule treating the motorist’s initial refusal as determinative is supported by our precedents, consistent w

USCA4 Appeal: 23-4731 Doc: 60 Filed: 04/14/2025 Pg: 1 of 6 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-4731 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. LUIS RAMIREZ AVILA, Defendant

MEMORANDUM OPINION GLEN E. CONRAD, Chief Judge. This case is presently before the court on the defendant’s motion for judgment of *671acquittal. For the reasons set forth below, the motion will be denied. Background On November 14, 2012, the defendant, Stephen Dominick McFadden, was charge

BEAM, Circuit Judge. Conrad Bruce Solomonson was convicted of eight counts of mail fraud and one count of bank fraud. See 18 U.S.C. §§ 1341, 1344 (1988). On appeal, he asserts several evi-dentiary errors as grounds for reversal. Further, he argues that the district court 1 incorrectly instructed the

In an action to recover damages for medical malpractice and for lack of informed consent, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), entered March 19, 2010, as granted the cross motion of the defendant Noel E. Blackman for summary judgment dismissing the complaint insofar as asserted against him. Ordered that the order is modified, on the law, by deletin

In an action to recover damages for medical malpractice and for lack of informed consent, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (O’Donoghue, J.), entered March 19, 2010, as granted the cross motion of the defendant Noel E. Blackman for summary judgment dismissing the complaint insofar as asserted against him. Ordered that the order is modified, on the law, by deletin

Kavanagh, J. Appeals (1) from an order of the Supreme Court (Ceresia, Jr., J.), entered February 27, 2007 in Ulster County, which denied plaintiff’s motion to set aside the verdict, and (2) from a judgment of said court, entered March 1, 2007 in Ulster County, upon a verdict rendered in favor of defendant. *1378On September 20, 2003, plaintiff attend

USCA4 Appeal: 21-4281 Doc: 56 Filed: 01/08/2024 Pg: 1 of 10 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-4281 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. REGGIE PETTUS, Defendant – Appellant. Appeal f

BARKSDALE, Circuit Judge: The petitioners, defendants in state court lawsuits consolidated after removal to the district court, seek a writ of mandamus concerning the district court granting the plaintiffs’ remand motion. We GRANT the petition and VACATE the remand order. I. In a companion case, In re Shell Oil Co., et al., 932 F.2d 1518, discussed infra, we revie

W. EUGENE DAVIS, Circuit Judge: A large number of Costa Rican nationals sued several defendants in Texas state court. The plaintiffs alleged that a chemical manufactured and used by the defendants in Costa Rican banana plantations rendered them sterile. On October 24, 1990, the defendants removed the case to the United States District Court in Houston. On November 27, 1990, the plaintiffs moved to remand the case to the st

374 F.3d 221 Albert ZUCKER; Stanley Hershfang; Jacob Joseph Miller; Toby Feuer; Spring Creek Cardio-Medical Associates, Inc. Profit Sharing Plan and Trust, on behalf of itself and all others similarly situated; Gloria Bertinato, on behalf of herself and all others similarly situated; Joseph H. Levit; George M.D. Richards; Michael Christner; Jim L. Thompson, Trustee for Thompson Chemical Profit Sharing Plan; Louise M. Jacob, for Herself, as Trustee

Opinion McGUINESS, P. J. These appeals present the question of whether California’s usury law applies to a judgment creditor’s agreement to forbear collecting on a judgment. In the actions below, certain judgment creditors agreed to delay executing on their judgments in exchange for the payment of forbearance fee

Dismissed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: John Alexander Wagner seeks to appeal the district court’s order dismissing some, but not all Defendants, and granting partial summary judgment to those Defendants in this action filed .under 42 U.S.C. § 1983 (2012). This court may exercise jurisdiction only over fin

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7346 JAMES PAUL DESPER, Plaintiff - Appellant, v. HAROLD CLARKE, Director of the Department of Corrections; A. DAVID ROBINSON, Chief of Operations; JANE/JOHN DOE, for each member of the Sex Offender Visitation Committee and the Sex Offender Program Director; JANE/JOH

968 So.2d 337 (2007) Paul Francis FISHER, II & Toby Segal Fisher, Plaintiff-Appellant v. Caryn BATISTA, Winner Circle Homes, Todd Bice d/b/a Housemaster Home Inspections & Neil Yarborough, Defendant-Appellee. No. 42,642-CA. Court of Appeal of Louisiana, Second Circuit. October 24, 2007. *338 David L. White, Bossier City,

Vermont Superior Court Filed 01 31 24 Lamo' e nit STATE OF VERMONT SUPERIOR COURT CIVIL DIVISION Lamoille U

167 B.R. 758 (1994) In re CASTLE VENTURES, LTD., Debtor. Bankruptcy No. 191-13408-260. United States Bankruptcy Court, E.D. New York. May 17, 1994. *759 Shaw, Licitra, Parente, Esernio & Schwartz by Eric Brown, Garden City, NY, for debtor. Speno Goldman Goldberg Steingart & Penn, P.C. by Edward P. Frey, Mineola, NY, for ap

918 F.Supp. 107 (1996) Helena WALSH (as representative of sister Mary Hogan, deceased), Margaret Toscano, Albert Hays, Charles Becker, Virginia Congro, Serafino Giannola, Julia Gold (as representative of Morris Gold, deceased), Michael Granelli, Mary O'Connor, Charles Pascarella (as representative of Margaret Pascarella), James Saccardi, and Richard Janik, Plaintiffs, v. John McGEE, William C. Woodson, Louis Sullivan, William Toby, and Empire Blu

747 F.Supp. 231 (1990) Ajay P. GARG, Plaintiff, v. The ALBERT EINSTEIN COLLEGE OF MEDICINE OF YESHIVA UNIVERSITY, Nella I. Shapiro, M.D., Jean L. Cook, M.D. and Dean Dominick P. Purpura, M.D., Defendants. No. 89 Civ. 2730 (JES). United States District Court, S.D. New York. September 20, 1990. *232 Robert Rivers, New York City, fo