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Interlocutory Appeal Law
Texas Department of Public Safety v. Hugo Rodriguez and Maria Rodriguez

This interlocutory appeal arises from a personal injury lawsuit brought by Hugo Rodriguez and Maria Rodriguez as a result of an automobile collision with a vehicle driven by an officer of the Texas Department of Public Safety. The trial court denied DPS’s plea to the jurisdiction, which was based on the defense of official immunity for its officer, Sergeant Parker. On appeal, DPS contend... More...   $0 (05-19-2011 - TX)

Certified EMS, Inc. d/b/a CPnS Staffing v. Cherie Potts

In this interlocutory appeal, appellant, Certified EMS, Inc. d/b/a/ CPnS Staffing (“Certified EMS”), challenges the trial court’s order denying its motion to dismiss the health care liability claim of appellee, Cherie Potts. Certified EMS has filed a motion for en banc reconsideration, and Potts has filed a response to that motion. We construe Certified EMS’s motion as both a motion for ... More...   $0 (05-19-2011 - TX)

Betty Bantum v. New Castle County Vo-Tech Education Association

Title 14, section 1056(h) of the Delaware Code provides that “[a]ny school board which permits the use of public school property for any use other than for public school use shall not be liable in tort for any damages by reason of negligence in the construction or maintenance of such property.” Plaintiff- Below/Appellant, Betty Bantum, allegedly suffered injuries when she slipped and fell on a... More...   $0 (05-18-2011 - DE)

Jimmy Songer v. Steve Austin and Amber Austin

¶1 Appellant, Jimmy D. Songer (Son), appeals from the trial court's order granting guardianship of his mother, V. Inez Songer (Ward), an incapacitated adult to Appellees, Steve Austin and Amber Austin, (Guardians). Based on our review of the record on appeal and applicable law, we affirm.


¶2 Ward lived alone until June 11, 2010. Ward's mental and physical health was deter... More...
   $0 (05-13-2011 - OK)

Covenant Health System v. Linda Barnett and Robert Barnett

Appellant Covenant Health System[2] brings this interlocutory appeal[3] challenging the order of the trial court denying its motion to dismiss the claims of appellees Linda Barnett and Robert Barnett for their failure to serve an expert report. Finding the Barnetts’ claims are health care liability claims, we reverse the trial court’s order and remand the case to the trial court.

Backg... More...
   $0 (05-13-2011 - TX)

Greg Porter v. Guadalupe Valdez

This interlocutory appeal challenges denial of a motion for judgment on the pleadings in a 42 U.S.C. § 1983 action by members of a sheriff’s department for claimed constitutional violations by Sheriff Guadalupe Valdez and Executive Chief Deputy Jesse Flores. Sued in their individual and official capacities, defendants contend: the individual-capacity claims are barred by qualified immunity; and... More...   $0 (05-11-2011 - TX)

John Garcia v. County of Merced

Defendants Alfredo Cardwood and John Taylor (the “Officers”) interlocutorily appeal the district court’s denial of qualified immunity from John Garcia’s 42 U.S.C. § 1983 Fourth Amendment claims against them. Garcia’s Fourth Amendment claims and his state law false imprisonment claim arose out of his arrest on suspicion of smuggling methamphetamine into the Merced County Jail to one of h... More...   $0 (05-09-2011 - CA)

Jay Stone et al.,v. Board of Election Commissioners for the City of Chicago

Most major American citieshave some mechanism—a filing fee, a signature requirement,or both—to limit the number of mayoral candidates on the election ballot. In Chicago, however, where it regularly appears that money and politics go hand and hand, there is no filing fee for mayoral candidates. On the other hand, candidates must gather signatures from 12,500 registered voters over a 90-day pe... More...   $0 (05-06-2011 - )

Lady Edwards v. City of Tomball

Appellant, Lady Edwards, filed this interlocutory appeal from the trial court’s granting of the Second Plea to the Jurisdiction filed by appellee, the City of Tomball (“Tomball”). Finding no error, we affirm.

Factual and Procedural Background

In Chapter 707 of the Texas Transportation Code, the Texas Legislature authorized municipalities to impose civil fines on owners of vehi... More...
   $0 (05-03-2011 - TX)

Texas Department of Transportation v. Matthew Esters

A former employee of a state agency filed suit against the agency asserting various claims, including retaliation claims under Title VII,[2] section 21.055 of the Texas Labor Code,[3] and sections 1981 and 1983 of Title 42 of the United States Code.[4] The trial court denied the agency’s request that these retaliation claims be dismissed for lack of subject-matter jurisdiction based on the empl... More...   $0 (05-03-2011 - TX)

RRE VIP Borrower, LLC v. Leisure Life Senior Apartment Housing, LTD

Appellants RRE VIP Borrower, LLC and Collateral Services, Inc. (collectively, RRE) bring this interlocutory appeal of the trial court’s order granting appellee Leisure Life Senior Apartment Housing, Ltd.’s (LLS) application for a temporary injunction, prohibiting RRE from foreclosing on the property that is the subject matter of this proceeding.[1] We reverse and remand.

   $0 (05-03-2011 - TX)

Russell Allen Nordyke v. Mary V. King

We must decide whether the Second Amendment prohibits a local government from banning gun shows on its property.



Russell and Sallie Nordyke operate a business that promotes gun shows throughout California. A typical gun show involves the display and sale of thousands of firearms, generally ranging from pistols to rifles. Since 1991, the Nordykes have promoted numerous show... More...
   $0 (05-02-2011 - CA)

Leon Aylward, Jr. v. Michael Settecase, D.O.

Leon Aylward, Jr. (plaintiff), filed the instant medical malpractice action against Michael Settecase, D.O. (defendant), and his employer, Midwest Physician Group, Ltd. (MPG) (collectively, defendants), alleging that they failed to diagnose his lung cancer in a timely manner. During discovery, MPG sought permission to communicate ex parte with various members of its staff who were involved in plai... More...   $0 (04-29-2011 - IL)

Franklin Barnum v. Michele Ngakoue

Michele Ngakoue sued Franklin Barnum for injuries and damage sustained during a car accident. At the time of the accident, Barnum was working for the Texas Adjutant General's Office ("Adjutant General"). See Tex. Gov't Code Ann. §§ 431.021-.038 (West 2005 & Supp. 2010) (establishing office of Adjutant General). Shortly after Ngakoue filed suit, Barnum filed a motion to dismiss himself from the c... More...   $0 (04-28-2011 - TX)

City of North Richland Hills v. Home Town Urban Partners, Ltd.

In these consolidated interlocutory appeals, the City of North Richland Hills (the City) challenges the trial courts’ respective denials of the City’s partial pleas to the jurisdiction in the lawsuits filed against it by Appellees Hometown Urban Partners, Ltd. (Urban Partners), Arcadia Land Partners 25, Ltd., and Arcadia Holdings (collectively, Arcadia).[1] The City contends that governmental... More...   $0 (04-28-2011 - TX)

Raymond T. Balvagel v. Ryderwood Improvement and Services Association, Inc.

We hold that a residential community that has continuously operated as a retirement community for persons age 55 or older can qualify for the housing for older persons exemption from the Fair Housing Act’s prohibition on familial status discrimination by establishing that it currently satisfies the exemption’s three statutory and regulatory criteria at the time of the alleged violation, even i... More...   $0 (04-28-2011 - WA)

Michael Marlo v. United Parcel Service, Inc.

Plaintiff-Appellee Michael Marlo and Defendant-Appellant United Parcel Service, Inc. (UPS) appeal or cross-appeal from a jury verdict awarding Marlo unpaid overtime, meal, and rest-period wages. UPS classified Marlo as an executive and administrative employee under California’s Industrial Welfare Commission (IWC) Wage Order No. 9, Cal. Code Regs. tit. 8, § 11090 (2005), thereby purporting to ex... More...   $0 (04-28-2011 - CA)

Lewisville Independent School District v. CH Townhomes, Inc.

Appellant Lewisville Independent School District (LISD) appeals an order denying its plea to the jurisdiction and motion to dismiss. Because we hold that tax code section 31.11 does not clearly and unambiguously express a legislative intent to waive governmental immunity from suit, we will reverse the trial court’s order and render judgment dismissing Appellee CH Townhomes, Inc.’s (CHT) suit ... More...   $0 (04-21-2011 - TX)

Gerald Fast v. Applebee's International

Applebee's International, Inc. (Applebee's) brings this interlocutory appeal from the district court's1 denial of summary judgment in this employment wage dispute. Gerald A. Fast, Talisha Cheshire, and Brady Gehrling represent a class of 5,543 individuals (collectively "the employees") who are current and former servers and bartenders at Applebee's restaurants. They brought suit under the Fair Lab... More...   $0 (04-21-2011 - MO)

Turi Rostad v. Leon Hirsch

In this contested paternity action, after genetic testing established that the defendant was the father of the plaintiff’s child, the trial court awarded pendente lite attorney’s fees to each member of the mother’s litigation team. The father’s appeal contests the amount of the fees awarded to the mother’s attorneys. We must decide whether we have jurisdiction to hear this interlocutory ... More...   $0 (04-19-2011 - CT)

Kendra Huckaby v. Terry Priest

Plaintiff-Appellant Kendra Huckaby (“Huckaby”) and Plaintiff-Appellee Faith Pierce (“Pierce”) (together with her husband Joseph Barton (“Barton”)) filed separate 42 U.S.C. § 1983 claims alleging that Defendants, City of Southgate police officers, violated a number of their state and federal rights as a result of their response to a neighbor’s erroneous call indicating that a breakin... More...   $0 (04-16-2011 - MI)

Cheryl Rose Kuslick v. James Roszczewski

The plaintiff in this case, Cheryl Rose Kuslick, claims that the defendant, Michigan State Police Trooper James Roszczewski, fabricated a claim in a sworn affidavit that she frustrated the execution of a search warrant in order to obtain a warrant for her arrest on the charge of obstruction. Roszczewski maintains that he is immune from suit under the doctrine of qualified immunity, though he was d... More...   $0 (04-11-2011 - MI)

Seata Stephens v. City of Akron

Police Officers Michael Miles and Joseph Sidoti appeal the district court’s denial of their motion for summary judgment on the basis of qualified immunity for events arising out of a tragic incident where they shot and killed Jeffery Stephens, Sr. Despite our repeated admonishment that a denial of a motion for qualified immunity may only be appealed if it is based on a pure issue of law, the Off... More...   $0 (04-08-2011 - OH)

Carl R. Pruett and National American Insurance Company v. The Harris County Bail Bond

his appeal involves a challenge to an award of attorneys’ fees pursuant to the Civil Rights Attorneys’ Fees Award Act (42 U.S.C. § 1988) arising out of claims made against the Harris County Bail Bond Board under Title 42, Section 1983 of the United States Code. Appellants, Carl R. Pruett and National American Insurance Company (collectively, “Pruett”), bring two issues challenging the ade... More...   $0 (04-07-2011 - TX)

Copar Pumice Company, Inc. v. Allan Morris

New Mexico Environment Department (“NMED”) inspectors Allan Morris and David Yantos seek to appeal the denial of qualified immunity in this 42 U.S.C. § 1983 suit brought by Copar Pumice Co. (“Copar”).1 Morris and Yantos filed motions for summary judgment, which were denied based on the presence of disputed issues of material fact. The case proceeded to trial, after which appellants moved ... More...   $0 (04-06-2011 - NM)

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