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Interlocutory Appeal Law
Texas Back Institute, P.A. d/b/a Texas Back Institute and William D. Bradley, M.D. v. Brenda Peters

Appellants Texas Back Institute, P.A. d/b/a Texas Back Institute and William D. Bradley, M.D. appeal the trial court=s orders denying their objections to Appellee Brenda Peters=s tendered expert report and denying their motion to dismiss Peters=s health care liability claims. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(9) (Vernon 2008), ' 74.351(a), (b) (Vernon Supp. 2009). In a single issu... More...   $0 (12-25-2009 - )

Mina V. Lewis v. Giordano's Enterprises, Inc.

This matter is before this court on interlocutory appeal pursuant to the provisions of Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308) to consider a question certified by the trial court. Defendant Giordano’s Enterprises, Inc., which owns and operates several restaurants in the Chicago area, has a policy of automatically deducting $0.25 per hour from its hourly employees’ wages to cover t... More...   $0 (12-23-2009 - IL)

Teresa De Bouse v. Bayer, A.G., et al.

Plaintiff brought a claim under the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act or Act) (815 ILCS 505/1 et seq. (West 2004)). She alleges that the defendant drug manufacturer deceived the medical community and the public at-large by concealing information about negative side effects of the defendant’s cholesterol-lowering drug. In this case, we are asked to review thr... More...   $0 (12-18-2009 - )

Patricia Hooper v. Advance America

Litigation or arbitration? Patricia Hooper (Hooper)1 and Josephine Vaughan (collectively, Plaintiffs) want to litigate a class action against their payday lender, Advance America, Cash Advance Centers of Missouri, Inc. (Advance America), in federal court. Advance America, invoking a clause in Plaintiffs’ loans, wants to stay all litigation and compel Plaintiffs to binding arbitration. The distri... More...   $0 (12-18-2009 - MO)

Trishia Hooper v. Advance America

Litigation or arbitration? Patricia Hooper (Hooper)1 and Josephine Vaughan (collectively, Plaintiffs) want to litigate a class action against their payday lender, Advance America, Cash Advance Centers of Missouri, Inc. (Advance America), in federal court. Advance America, invoking a clause in Plaintiffs’ loans, wants to stay all litigation and compel Plaintiffs to binding arbitration. The distri... More...   $0 (12-16-2009 - MO)

Harold Lynn Wolfe v. Esco Jarnigan

At stake in this § 1983 free-speech retaliation action is whether Hamblen County Sheriff Esco Jarnigan refused to promote Harold Wolfe because Wolfe supported Jarnigan’s opponent in the 2006 election. The district court denied Jarnigan qualified immunity at the summary judgment stage, and we affirm.


Wolfe worked as a Hamblen County patrol deputy, detective and eventually chief ... More...
   $0 (12-16-2009 - TN)

Kalbfleisch v. Columbia Community Unit School District Unit No. 4

This is an interlocutory appeal taken pursuant to Supreme Court Rule 307(a)(1) (188 Ill. 2d R. 307(a)(1)). At issue in this case is whether the Monroe County circuit court properly ordered a preliminary injunction to compel the defendant-appellant, Columbia Community Unit School District Unit No. 4 (the school district), to permit the plaintiffappellee, Carter Kalbfleisch, a five-year-old child wi... More...   $0 (12-16-2009 - IL)

Richard Phillips v. John Dale

Richard Phillips filed a 42 U.S.C. § 1983 action against John Dale, alleging that Mr. Dale terminated his employment in violation of his First Amendment right to free speech.1 Mr. Dale moved for summary judgment on the merits of Mr. Phillips’ claim, arguing that Mr. Phillips could not meet his burden of establishing a prima facie case of retaliation for exercising his First Amendment rights. Al... More...   $0 (12-15-2009 - OK)

Cody Wheeler v. Pilgrim's Pride Corporation

This appeal is concerned only with § 202 of the Packers and Stockyards Act (“PSA”) enacted in 1921 to cope with market control of the meat packing 1 industry by five companies. That section as it stands today, codified as 7 U.S.C. § 192, is set forth in the appendix and referred to hereafter as codified. Congress has amended the PSA multiple times since its passage, including additional prov... More...   $0 (12-15-2009 - TX)

Eunice M. Spears v. Matthew Ruth and City of Cleveland

Matthew Ruth, a police officer, and the City of Cleveland, Tennessee, bring this interlocutory appeal of the district court’s denial of summary judgment on qualified immunity grounds. Eunice M. Spears, mother of the deceased, responds individually and as representative of the estate of Christopher McCargo. Christie McCargo, the daughter of the deceased, Clay McCargo and Madeline McCargo, relativ... More...   $0 (12-14-2009 - TN)

Patrick J. Lynch v. The City of New York

Plaintiffs-appellants are union representatives of police officers employed by the New York City Police Department (“NYPD” or “Department”). They brought this action in the United States District Court for the Southern District of New York (George B. Daniels, Judge) challenging the constitutionality of an NYPD policy that requires that a breathalyzer test—which measures the amount of alc... More...   $0 (12-12-2009 - NY)

Tannislado Alvarado v. Cajun Operating Company, dba AFC Enterprises, Inc.

Appellant Tannislado Alvarado (Alvarado) filed a retaliation claim pursuant to the Americans with Disabilities Act (ADA) alleging that Appellee Cajun Operating Co. (Cajun) retaliated against him for complaining that his manager had discriminated against him based on his disability. Alvarado challenges the district court’s grant of Cajun’s motion in limine barring Alvarado from seeking punitive... More...   $0 (12-11-2009 - NV)

Alfred T. Wright v. Honeywell International, Inc.

In this interlocutory appeal, plaintiff challenges the superior court’s decision denying his motion for class certification with respect to his lawsuit claiming that defendant Honeywell International, Inc. violated the Vermont Consumer Fraud Act (CFA) by engaging in deceptive tactics to create an unlawful monopoly that resulted in overcharges to consumers for the company’s round thermostat. W... More...   $0 (12-10-2009 - VT)

Christopher Ries v. The City of Chicago

Defendant, the City of Chicago (City), appeals from a jury verdict awarding plaintiffs, Christopher Ries and Michael Martinez, damages in the amount of $4,052,572 and $159,069 respectively, for injuries they sustained when a police car, driven by Demario Lowe, struck the car in which the plaintiffs were driving. Immediately before the accident, Lowe had stolen the police car after being detained i... More...   $0 (11-25-2009 - IL)

Ricardo Barrera, M.D. v. Cesar Sarmiento, et al.

This is a health-care liability lawsuit governed by chapter 74 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001-.507 (Vernon 2005 & Supp. 2009). Appellees, Cesar Sarmiento, individually and on behalf of the estate of Esmeralda Sarmiento, Deceased, and as next friend of Juan Manuel Sarmiento, Maria Natividad Rodriguez Guillen, and Manuel Garcia Vasque... More...   $0 (11-24-2009 - TX)

Knapp Medical Center v. Juanita Molina

This case involves claims of sexual abuse allegedly perpetrated against appellee, Juanita Molina, by Bernardino Pedraza, L.V.N., a vocational nurse employed by appellant, Knapp Medical Center. (1) Knapp appeals the trial court's denial of its motion to dismiss Molina's health care liability claims pertaining to the alleged incidents of sexual abuse. By one issue, Knapp asserts that the trial cour... More...   $0 (11-19-2009 - TX)

The WCM Group, Inc. v. Sharon Brown

This is an appeal from the denial of a motion to dismiss for failure to file a certificate of merit in a suit against an engineering firm. See Tex. Civ. Prac. & Rem. Code Ann. § 150.002(a), (e) (Vernon 2005) (requiring certificate of merit and allowing interlocutory appeal from the denial of a motion to dismiss). (1) Appellant, The WCM Group, Inc. ("WCM"), filed a motion to dismiss claims made by... More...   $0 (11-19-2009 - TX)

Duncan Burkholder, M.D., Grace Clinic of Lubbock and University Medical Center v. Mary B. Harris and Gregory E. Harris

Appellant University Medical Center brings an interlocutory appeal from the trial court’s denial of its plea to the jurisdiction based on governmental immunity. Footnote Finding appellees Mary Beth Harris and her husband Gregory E. Harris presented facts sufficient to allege a use of tangible personal property by UMC and so bring their claim against UMC within the limited waiver of governmenta... More...   $0 (11-19-2009 - TX)

Chance W. Dingler, M.D. v. Linda Diane Tucker and Myrle Tucker AND Nocona Medical Clinic, P.A.

In these accelerated, interlocutory appeals, Appellant Chance W. Dingler, M.D. appeals the trial court=s order denying his motion to dismiss the health care liability claims of Appellees Linda Diane Tucker and Myrle Tucker, and the Tuckers as Appellants appeal the trial court=s order dismissing their health care liability claims against Appellee Nocona Medical Clinic, P.A. See Tex. Civ. Prac. & R... More...   $0 (11-19-2009 - TX)

Bryant Collier v. Kermit E. Reese, Clay Jenkins, Skylar Carter, Isaac Costello, et al.

¶1 The issue presented1 is whether the appellant's freedom of speech rights were violated when the trial court entered a gag order which ordered that: 1) any matter in the record relating to polygraph evidence be sealed from the public, news media, or any other third person; 2) the parties were prohibited from disclosing the polygraph information to the public or news media; and 3) the parties co... More...   $0 (11-17-2009 - OK)

Roy L. Denton v. Steve Rievley

In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton’s “warrantless arrest” claim because he is entitled to qualified immunity. We


I. BACKGROUND... More...
   $0 (11-16-2009 - TN)

Cheap-O-Rooter, Inc. v. Marmalade Square Condominium Homeowners Association, et al.

¶1 Defendants Marmalade Square Condominium Homeowners Association, Bruce Manka, and Frank Guyman (collectively Marmalade) appeal the district court's decision to set aside a default judgment entered against Plaintiff Cheap-O-Rooter, Inc. after Cheap-O-Rooter failed to appear at a hearing. In moving to have the default judgment set aside, Cheap-O-Rooter submitted a motion with no accompanying memo... More...   $0 (11-13-2009 - UT)

Beulah Addison v. Lochearn Nursing Home, LLC d/b/a FutureCare Lochearn

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju... More...   $0 (11-13-2009 - MD)

Rodolfo Guerrero, M.D. v. Rosario Ruiz

Appellant Rodolfo Guerrero, M.D. challenges the trial court's denial of his motion to dismiss appellees Rosario and Roberto Ruiz's health care liability claims for failure to serve an adequate expert report, as required by section 74.351. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a)-(b) (Vernon Supp. 2009). By one issue, Dr. Guerrero complains that the trial court abused its discretion in fa... More...   $0 (11-12-2009 - TX)

City of Fort Worth v. Audrey Robinson

The City of Fort Worth (the City) appeals the trial court=s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellee Audrey Robinson. We hold the City conclusively established its employee=s official immunity from suit, thereby establishing the City=s governmental immunity. We reverse the trial court=s order and dismiss this cause for lack of subject-matter jurisdiction... More...   $0 (11-12-2009 - TX)

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