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Civil Procedure Law
 
S.L. V. Pierce Township Board of Trustees

S.L., a minor, by and through his guardian
K.L., and K.L. individually (“Appellants”), appeal the district court’s summary judgment orders
for Defendants-Appellees Edward (“Shawn”) Bartley and Thomas DelGrande. We AFFIRM.
I.
On December 4, 2006, Pierce Township Police Officer David Homer responded to a call
made by S.L.’s mother. Homer “smelled smoke” upon enter... More...
   $0 (11-17-2014 - OH)

Patsy Ohea Copeland v. Carolin W. Colvin, Acting Commissioner of Social Security

Plaintiff-Appellant Patsy Copeland brought this action under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to obtain judicial review of the Commissioner of Social Security’s administrative decision that Copeland is not disabled as defined by the Act. Specifically, the Commissioner found that Copeland was not entitled to disability insurance benefits (DIB) and supplemental security i... More...   $0 (11-17-2014 - TX)

Domingo Gomez v. Benjamin Martin

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An... More...
   $0 (11-17-2014 - NM)

Willis v. Prime Healthcare Services

Defendant, Prime Healthcare Services, Inc., appeals from a December 16, 2013 order denying its petition to compel arbitration and strike class claims. Plaintiff, Maucabrina Willis, cross-appeals from a December 16, 2013 order denying her Code of Civil Procedure section 128.71 sanctions motion. Plaintiff and defendant are subject to both individual and collective bargaining agreements. Defendant ar... More...   $0 (11-15-2014 - CA)

Methodist Hospitals of Dallas d/b/a Methodist Dallas Medical Center and Methodist Health System v. Deborah Searcy

In this interlocutory appeal, Methodist Hospitals of Dallas d/b/a Methodist Dallas
Medical Center and Methodist Health System appeal the trial court’s order denying their motion
to dismiss Deborah Searcy’s slip-and-fall claim. Appellants contend Searcy’s claim is a health
care liability claim subject to the requirements of Chapter 74 of the Texas Civil Practice and
Remedies C... More...
   $0 (11-15-2014 - TX)

Deseret First Federal Credit Union v. Jerry W. Parkin

¶1 George K. Fadel appeals from three district court orders. First, he contends the district court erred in denying his motions to intervene in litigation between Jerry W. Parkin, as successor trustee for the Wilma G. Parkin Family Protection Trust (the Trust), and Deseret First Federal Credit Union (Deseret First). Second, he challenges the court’s decision to strike his corresponding complain... More...   $0 (11-14-2014 - UT)

R.B. v. L.B.

¶ 1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B.
1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
R.B. v. L.B.
20130188-CA 2 2014 UT App 270
(Mother) would have custody of their minor son (Child) until he entered the seventh... More...
   $0 (11-14-2014 - UT)

State of Utah v. Theopelus Clay McClellan, Jr.

¶ 1 Theophelus Clay McClellan Jr. appeals his sentences for retail theft and for violating a protective order. Because he has already served these sentences, we dismiss the appeal as moot.
¶ 2 On April 29, 2013, the district court sentenced McClellan to two concurrent 365-day jail sentences less time served. The court ordered the cases to be closed upon completion of the sentences. McClellan... More...
   $0 (11-14-2014 - UT)

State of Utah v. Robert Damien Thornton

¶1 Robert Damien Thornton appeals from his conviction of
three counts of rape of a child, three counts of sodomy on a child,
three counts of aggravated sexual abuse of a child, and one count
of witness tampering, all of which resulted from his alleged sexual
abuse of his roommate’s twelve-year-old daughter (Child).
Thornton argues that the district court erred by excluding e... More...
   $0 (11-14-2014 - UT)

Andrew Veysey v. Alexis Veyse

¶1 Alexis Veysey (Mother) challenges the district court’s
adoption of the domestic commissioner’s recommendation
regarding reimbursement of daycare expenses for the parties’
children. We vacate the district court’s order and remand for
further proceedings.
BACKGROUND
¶2 The parties divorced in September 1999. Pursuant to Utah
Code section 78B-12-214, the parti... More...
   $0 (11-14-2014 - UT)

Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal
from a March 29, 2013 judgment of the United States District Court for the
Southern District of New York (Daniels, J) dismissing their claims of libel against
Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and
Lewis’s publisher, W.W. Norton, for twenty‐six allegedly defamatory statemen... More...
   $0 (11-14-2014 - NY)

Floyd E. Squires v. City of Eureka

Appellants Floyd Squires, III and Betty Squires (when referred to collectively, plaintiffs) sued the city of Eureka and several individuals. The complaint alleged 10 causes of action, the first seven common law claims, the last three under 42 U.S.C. § 1983. Defendants filed an anti-SLAPP motion, which the trial court granted as to the first seven causes of action, allowing plaintiffs to conduct d... More...   $0 (11-14-2014 - CA)

David S. Karton v. Dougherty

David S. Karton, A Law Corporation (Karton) sued its former client, William Russell Dougherty, for unpaid fees and costs. In 1999, Karton obtained a default judgment against Dougherty in the amount of $86,676.88, including an award of attorney fees pursuant to the parties’ retainer agreement. Karton thereafter pursued enforcement of the judgment and obtained awards of the attorney fees incurred ... More...   $0 (11-14-2014 - CA)

Texas Department of Public Safety v. Raquel Guzman

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; and (2) the ... More...   $0 (11-14-2014 - tx)

Frank Special v. West Boca Medical Center

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Special v. Baux, M.D., et al., 79 So. 3d 755 (Fla. 4th DCA 2011). In its decision, the district court ruled upon the following question, which the court certified to be of great public importance:
IN A CIVIL APPEAL, SHALL ERROR BE HELD HARMLESS WHERE IT IS MORE LIKELY THAN NOT THAT THE ERROR DID ... More...
   $0 (11-13-2014 - FL)

Overstock.com, Inc. v. Goldman Sachs & Co.

Often, it is the federal courts, applying federal law, that wrestle with claims of cross-state securities fraud involving a nationally-listed stock. Here, plaintiffs of various states allege defendants, securities firms headquartered on the East Coast, violated California and New Jersey law through their involvement in massive naked short selling of Overstock shares. The trial court sustained demu... More...   $0 (11-13-2014 - CA)

In the Interest of A. S., J. D., and S. D., Children

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss
2
in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; an... More...
   $0 (11-13-2014 - TX)

Jorge Guevara, M.D. v. Mark Lackner and Robert E. Lackner

Appellant Jorge Guevara M.D. appeals the trial court’s no-evidence summary judgment granted in favor of appellees Mark Lackner and Robert E. Lackner on Dr. Guevara’s claims of fraud, breach of fiduciary duty, and conspiracy. By three issues, Dr. Guevara contends that the trial court erred in concluding that his evidence presented in response to the Lackners’ motion for no-evidence summary ju... More...   $0 (11-13-2014 - TX)

Brandon Alberts, et al. v. The Board of County Commissioners of Jefferson County, Colorado, et al.

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl... More...
   $0 (11-13-2014 - CO)

Horace Simpson v. The State of Texas

Appellant raises three issues in this appeal from a conviction for driving while intoxicated. In issues one and two, we consider whether the trial court reversibly erred when it admitted evidence of appellant’s response and nonresponse to official police questioning. In issue three, we consider whether the trial court improperly sustained an objection to appellant’s closing argument. We conclu... More...   $0 (11-13-2014 - TX)

Jonathan Albert Leal v. The State of Texas

Appellant Jonathan Albert Leal was stopped for failing to yield the right of way. Appellant was arrested on suspicion of driving while intoxicated (DWI) and, over his explicit refusal, compelled by the arresting officer to submit to a warrantless intrusion into his veins. Appellant was convicted of felony DWI. See Tex. Penal Code Ann. §§ 49.04, 49.09(b) (West 2011 & Supp. 2014).

Appella... More...
   $0 (11-13-2014 - TX)

Helix Energy Solutions Group, Inc. v. Matthew Howard

In this case concerning a seaman’s entitlement to payments for maintenance and cure, his employer argues that the trial court erred in granting the seaman’s motion to compel such payments. We agree that the order is a temporary injunction and that it does not comply with Texas Rule of Civil Procedure 683. We therefore declare the order void, dissolve it, and remand the case to the trial
2<... More...
   $0 (11-13-2014 - TX)

In the Interest of S.R., S.R. and B.R.S., children

In these consolidated appeals, both D.R. (the Father) and D.S. (the Mother) appeal from the decree terminating their parental rights to three children, S.R. (Scott), S.R. (Sally), and B.R.S. (the Baby) (collectively, the Children).1 The Father raises three issues challenging the sufficiency of the evidence supporting the trial court’s termination findings and the failure to appoint counsel for h... More...   $0 (11-13-2014 - TX)

Julie Eldredge v. Karen Taylor

1 The only issue presented for this Court's consideration is whether the trial court erred in granting the defendant's motion to dismiss for want of jurisdiction based on the plaintiff's lack of standing. Questions within the issue are (1) whether a person has standing to seek a best-interest-of-the-child hearing when the sole biological parent relinquished some of her parental rights to the pers... More...   $0 (11-12-2014 - OK)

Howard Brown v. Steven R. Sarkisian, Jr., M.D., The Dean Mcgee Eye Institute, and State Of Oklahoma Ex Rel University Of Oklahoma Health Sciences Center

Howard Brown, for his cause of action against defendants, alleges and states as follows:
1. Howard Brown isa resident of Cleveland County. Steven R. Sarkisian, Jr. is an eye surgeon who practices in Oklahoma County and who is a Clinical Assistant Professor for the University of Oklahoma. The Dean McGee Eye Institute is an Oklahoma corporation duly authorized and actually transacting business i... More...
   $1 (11-12-2014 - OK)

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