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Interlocutory Appeal Law
 
Mike Peay v. Joann Murphy

Defendants, a group of law enforcement entities and officers from Utah County, Utah, have filed this interlocutory appeal seeking to challenge the district court’s denial of summary judgment as to plaintiffs’ claim that defendants violated their Fourth Amendment rights during the execution of a search warrant at plaintiffs’ residence. Plaintiffs have moved to dismiss the appeal for lack of i... More...   $0 (09-28-2010 - UT)

Michael Bateman v. American Multi-Cinema, Inc.

In this Fair and Accurate Credit Transactions Act (“FACTA”) case, Plaintiff-Appellant Michael Bateman appeals the district court’s denial of class certification. Bateman sued American Multi-Cinema, Inc., (“AMC”) on behalf of a class of similarly situated individuals, alleging that AMC violated FACTA by printing more than the last five digits of consumers’ credit or debit card numbers o... More...   $0 (09-27-2010 - CA)

Dalton Jaques v. Midway Auto Plaza, Inc.

¶1 This action was commenced by eleven purchasers of vehicles (Purchasers) from two car dealerships: Midway Auto Plaza and Mike Riddle Mitsubishi (Car Dealers). We granted interlocutory appeal to decide two issues. The first issue is whether section 31A-15-105(2) of the Utah Code provides a private right of action to purchasers of an insurance policy from an unauthorized insurer. This issue arose... More...   $0 (09-24-2010 - UT)

Kirk A. Kennedy v. Gulf Coast Cancer & Diagnostic Center at Southeast, Inc.

This interlocutory appeal from a temporary injunction concerns whether Kirk Kennedy, a former in-house counsel and corporate secretary for Gulf Coast Cancer & Diagnostic Center at Southeast, Inc. (Gulf Coast), is entitled to retain, for his own use, a copy of a legal opinion memorandum concerning Gulf Coast’s potential liability for its former executive’s alleged misconduct. Kennedy solicited... More...   $0 (09-23-2010 - TX)

In Re: Community Bank of Northern Virginia and Guaranty National Bank of Tallahassee Second Mortgage Loan Litigation

This is the second appeal from the certification of a consolidated “settlement only” nationwide class action that alleged an illegal home equity lending scheme involving two banks and a company that purchased second mortgage loans from them. Certain members of the class (the “Objectors”) contest the District Court’s decisions certifying that class and approving the class settlement. As i... More...   $0 (09-23-2010 - )

Teofila Ochoa Lizarbe v. Juan Manuel Rivera Rondon

Plaintiffs Teofila Ochoa Lizarbe and Cirila Pulido Baldeon brought this action under the Torture Victim Protection Act of 1991 (“TVPA”), see Pub. L. 102-256, 106 Stat. 73 (1992), and the Alien Tort Statute (“ATS”), see 28 U.S.C. § 1350, seeking relief from Defendant Juan Manuel Rivera Rondon for alleged war crimes and human rights violations committed in the 1980s against plaintiffs’ fa... More...   $0 (09-22-2010 - MD)

Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington

This interlocutory appeal requires us to decide whether it is constitutional for jails to strip search arrestees upon their admission to the general population. Although the question is one of first impression for this Court, the Supreme Court’s decision in Bell v. Wolfish, 441 U.S. 520 (1979), and the many cases that followed it inform our analysis.

In Bell, the Supreme Court rejected a ... More...
   $0 (09-21-2010 - NJ)

Amir Faghri v. University of Connecticut

Defendants, the University of Connecticut, its president, Philip Austin, and its provost,
15 Peter Nicholls, appeal from the interlocutory order of the U.S. District Court for the District of
1 Connecticut (Bryant, J.) denying their motion for summary judgment on the basis of qualified
2 immunity on Plaintiff’s claims that Defendants unconstitutionally retaliated against him for his<... More...
   $0 (09-17-2010 - CT)

Diane G. Reed v. City of Arlington

Kim Lubke, formerly an Arlington, Texas, firefighter, obtained a large verdict against the City of Arlington pursuant to the Family Medical Leave Act (FMLA). Lubke v. City of Arlington, 455 F.3d 489 (5th Cir. 2006). During the City’s appeal to this court, Lubke and his wife filed a Chapter 7 bankruptcy case but omitted the pending $1 million-plus judgment from his sworn statements and bankruptcy... More...   $0 (09-16-2010 - TX)

Patrick James Grider v. City of Auburn, Alabama

Plaintiffs own a bar/restaurant in Auburn, Alabama and sued the City of Auburn (the “City”) and City employees under state tort law and 42 U.S.C. § 1983 for violations of the Fourth and Fourteenth Amendments. Plaintiffs primarily claim the City and its agents filed false bribery charges and selectively enforced regulatory laws in order to harm the Plaintiffs’ business. Defendants moved for ... More...   $0 (09-11-2010 - Al)

Joseph Finch v. Bart Peterson

This interlocutory appeal arises from a complaint filed against the City of Indianapolis, its law-enforcement Merit Board, and seven city officials alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. The plaintiffs— three white police lieutenants—claim they were subjected to reverse discrimination because they were passed over for promoti... More...   $0 (09-10-2010 - IN)

Taren Devon Haynie v. Deon Lamont Cobb

Defendant Robert F. Jones d/b/a Jones Construction Company and Pete Jones Construction Company filed a motion to dismiss which the trial court granted as to one of plaintiff’s claims. As the dismissed claim was alleged in plaintiff’s complaint, we reverse and remand.

I. Background

On 12 January 2007, plaintiff filed a complaint (“2007 complaint”) against defendants. On 24 Mar... More...
   $0 (09-07-2010 - NC)

Robert Wilson v. James O'Brien, et al.

After a state court set aside his conviction for attempted murder, Robert Wilson filed this suit in federal court under 42 U.S.C. §1983 against persons associated with the prosecution, plus the City of Chicago.

Defendants took the deposition of Tyler Nims, who while a law student had interviewed (on Wilson’s behalf) a mental patient who took responsibility for the acts of which Wilson ha... More...
   $0 (09-03-2010 - IL)

Koral Moore v. Woman To Woman Obstetricas & Gynecology, L.L.C.

Plaintiffs Monica and Kevin Moore are the parents of Koral Moore, who has Down Syndrome. Due to Monica's age, her pregnancy was considered high risk. Her doctor, defendant Lisa Vernon, M.D., practicing with defendant Woman to Woman Obstetrics & Gynecology, L.L.C., referred Monica to defendants Carlos Fernandez, M.D., and Premier Perinatal, L.L.C. (Premier). Plaintiffs filed a complaint alleging me... More...   $0 (08-21-2010 - NJ)

Enterprise Products Partners, L.P. v. Catherine Mitchell

Appellants, Enterprise Products Partners, L.P. (“Enterprise”) and Dixie Pipeline Company (“Dixie”), challenge the trial court’s June 29, 2009 interlocutory order ruling that Texas law should govern the issue of recoverable compensatory damages with regard to all wrongful death and personal injury claims arising from a pipeline explosion. In one issue, Enterprise and Dixie argue tha... More...   $0 (08-19-2010 - )

David J. Meyer v. Community College of Beaver

At issue is the Commonwealth Court’s holding that governmental immunity extends to all statutory causes of action, whether arising in tort or contract, subject only to the eight exceptions enumerated in the Political Subdivision Tort Claims Act.

The two underlying civil cases are companion ones, involving similar claims by two separate groups of former students of Appellee, Community Coll... More...
   $0 (08-17-2010 - PA)

Timothy Shannon v. Officer Michael Koehler

The plaintiff, Timothy Shannon, is a former Marine and retired police officer who owns a pub in Sioux City, Iowa, called “Tom Foolery’s.” In the early morning hours of September 13, 2006, Shannon was arrested inside Tom Foolery’s by Michael Koehler, a patrol officer with the Sioux City Police Department. Following his arrest, Shannon filed this action under 42 U.S.C. § 1983 against Office... More...   $0 (08-17-2010 - IA)

Frank McAllister v. Jerry L. Price

This is an interlocutory appeal from a district court’s denial of summary judgment to a defendant who claims qualified immunity. The plaintiff, Frank McAllister, suffered a diabetic episode resulting in a car crash. McAllister alleges that the officer responding to the incident, Jerry Price, violated his Fourth Amendment rights by using excessive force to remove McAllister from his car. Finding ... More...   $0 (08-12-2010 - IN)

Maureen Rattray v. Woodbury County

Maureen Rattray filed a lawsuit against Woodbury County, Iowa (“the County”), alleging that she was strip searched illegally as part of the booking process at the Woodbury County Jail. Rattray subsequently moved to certify a class action. The district court2 denied Rattray’s motion, ruling that Rattray failed to convince the court that she would adequately represent the interests of the clas... More...   $0 (08-09-2010 - IA)

Yvonne Flitton v. Primary Residential Mortgage, Inc.

Defendant-appellant Primary Residential Mortgage, Inc. (“PRMI”) appeals from the district court’s order awarding plaintiff-appellee Yvonne Flitton $367,689.00 in attorney’s fees as a prevailing party in a Title VII lawsuit. Ms. Flitton cross-appeals from the same order, challenging the district court’s conclusion that it lacked jurisdiction to award her appellate attorney’s fees becaus... More...   $0 (08-05-2010 - UT)

Janet Carroll v. Kristi Donau

Janet Carroll appeals a final summary judgment on her health care liability claims against eight nurses--Kristi Donau, Shonna Tobias, Karla McKinney, Melissa Migl, Katie Watson, Leah Delafield, Nathan Lofgren, and SoonCha Sherman (collectively, the "Seton nurses"). (1) The Seton nurses had relied on the tort claims act's election-of-remedies provision. In two issues, Carroll urges that the distri... More...   $0 (07-29-2010 - TX)

Bimbo Bakeries USA, Inc. v. Chris Botticella

This matter comes on before this Court on an interlocutory appeal from an order of the District Court dated February 9, 2010, and entered on February 12, 2010, granting appellee’s motion for a preliminary injunction. Bimbo Bakeries USA, Inc. v. Botticella, No. 10-0194, 2010 WL 571774 (E.D. Pa. Feb. 9, 2010). The issue on appeal is whether the District Court erred in enjoining appellant Chris Bot... More...   $0 (07-27-2010 - PA)

Matell, Inc. v. MGA Entertainment, Inc.

Who owns Bratz?

I

Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, “The Girls With a Passion for Fashion!” Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which ... More...
   $0 (07-23-2010 - CA)

Thomas Ed Cole v. Anadarko Petroleum Corporation and Permian Basin Joint Venture, LLC

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.

I. Background Facts

... More...
   $0 (07-23-2010 - TX)

James H. Spooner v. Town of Topsham

¶ 1. Plaintiff James H. Spooner, through his attorneys, Edwin L. Hobson and John Archer Hobson, appeals a trial court order denying an award of attorney’s fees and costs for both an interlocutory appeal to compel the appearance of one of plaintiff’s witnesses and the work of co-counsel used for trial. Because we find that the court improperly denied these costs and fees, we revers... More...   $0 (07-22-2010 - VT)

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