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Interlocutory Appeal Law
Paul Glover; Glover Construction Co., Inc. v. Carlisle Mabrey, III, et al.

Glover Construction Company and its owner, Paul Glover (collectively “Glover”) filed suit under 42 U.S.C. § 1983 against the Oklahoma Department of Transportation (ODOT) Commissioners and six department officials (collectively the ODOT defendants).1 The complaint alleged the ODOT defendants retaliated against Glover in violation of its First and Fourteenth Amendment rights. The ODOT defendant... More...   $0 (06-04-2010 - OK)

Estate of Shannon J. Fortier v. City of Lewiston, et al.

[¶1] The City of Lewiston appeals from an order of the Superior Court (Androscoggin County, Delahanty, J.) denying its motion for summary judgment in a wrongful death suit brought by the estates of three Lewiston High School students who died in a 2006 plane crash while attending an Air Force Junior Reserve Officer Training Corps (AFJROTC) summer program sponsored by the school. The City’s inte... More...   $0 (06-03-2010 - ME)

David M. Rodriguez, et al. v. Maricopa County College District, et al.

We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status.


Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the Maricopa County Community College District, where he teaches math. Every district employee with an email address received a copy. Plaintiff... More...
   $0 (05-26-2010 - AZ)

James S. Tate, Jr., M.D. v. University Medical Center of Southern Nevada, et al.

We must decide whether we have jurisdiction to review the district court’s refusal to enjoin a hospital to reinstate a surgeon when he has since lost all of his clinical privileges at the hospital.


James Tate, MD, is a board-certified general surgeon who was granted clinical privileges at University Medical Center (“UMC”) by the Medical & Dental Staff of University Medica... More...
   $0 (05-26-2010 - NV)

Jack Wade Fletcher v. Jerome Burkhalter

Jack Wade Fletcher (Plaintiff Fletcher) sued McIntosh County Deputy Sheriff Jerome Burkhalter1 under 42 U.S.C. § 1983. He alleged that Deputy Burkhalter had violated his rights under the Fourth Amendment (as applied to the states under the Fourteenth Amendment, see Mapp v. Ohio, 367 U.S. 643, 655 (1961)), by signing a probable-cause affidavit that led to his improper arrest for engaging in a frau... More...   $0 (05-24-2010 - OK)

Presbyterian Community Hospital of Denton d/b/a Presbyterian Hospital of Denton and Chad Hammonds, R.N. v. Connie Smith, Individually, and as Personal Representative of the Estate of Thomas Edward Smith, Deceased, and as Next Friend for Thomas Anthony Smith, a Minor, and Douglas Smith and Stephanie Smith

In this interlocutory appeal, Appellants Presbyterian Hospital of Denton d/b/a Presbyterian Hospital of Denton and Chad Hammonds, R.N. (collectively, the Hospital) argue that the trial court abused its discretion by denying the Hospital=s motion to dismiss. We affirm the trial court=s order.

II. Procedural Background

Appellees Connie Smith, Individually, and as Personal Represe... More...
   $0 (05-23-2010 - )

UOP, L.L.C. v. Shanda Kozak

By motion to dismiss and motion for summary judgment, Universal Oil Products, L.L.C. ("UOP") moved against all claims asserted by Shanda Kozak, individually and as personal representative of the heirs and estate of Walter Scifres, deceased, and Keith Scifres ("the Kozak Plaintiffs") on the basis that the Kozak Plaintiffs had failed to obtain a certificate of merit (dismissal motion) and on the cla... More...   $0 (05-20-2010 - TX)

Theodore White, Jr. v. Detective Richard McKinley

Theodore White, Jr. brought this civil action following his prosecution, conviction, re-prosecution, and eventual acquittal for the alleged molestation of his adopted daughter. White sued his ex-wife, Tina McKinley ("Tina"), and Richard McKinley, the police officer who investigated the molestation charges and Tina's current husband. White alleged a deprivation of his constitutional rights and vari... More...   $0 (05-17-2010 - MO)

Misty Knisley v. Pike County Joint Vocational School District

On June 29, 2009, the United States Supreme Court vacated this Court’s prior judgment in Knisley v. Pike County Joint Vocational School District (Knisley I), No. 08-3082 (6th Cir. Dec. 8, 2008), and remanded the case to this Court for further consideration in light of Safford Unified School District #1 v. Redding, 557 U.S. —, 129 S. Ct. 2633 (2009). Knisley v. Pike County Joint Vocational Sch.... More...   $0 (05-15-2010 - OH)

Judith J. Moffitt v. Residential Funding Company, LLC

In these three interlocutory appeals, the plaintiffs challenge the district court’s denial of their motions to remand their cases to state court. While the procedural history of these cases is involved, the legal issue is straightforward. After their cases were removed and prior to moving to remand, the plaintiffs filed amended complaints in federal court that alleged facts giving rise to federa... More...   $0 (05-14-2010 - MD)

St. David's Healthcare Patrnership, L.P., LLP d/b/a St. David's Hospital; and St. David's Community Health Foundation v. Genaro Esparza, Jr.

St. David's Healthcare Partnership and St. David's Community Health Foundation (collectively, "St. David's") bring this interlocutory appeal from the trial court's order denying their motion to dismiss under chapter 74 of the civil practice and remedies code. See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001-.507 (West 2005 & Supp. 2009). St. David's alleges that appellee Genaro Esparza, Jr.'s cla... More...   $0 (05-13-2010 - TX)

Daniel Stroud, M.D. v. Jerry Grubb, individually and as representative of The Estate of Lonnie Grubb, Deceased

In this interlocutory appeal, we decide the proper deadline for filing an expert report corresponding to a defendant who is added to an existing lawsuit. Jerry Grubb, individually and as representative of the estate of Lonnie Grubb, sued Dr. Amilcar Avendano for wrongful death, negligence, and gross negligence. A year after filing the initial petition, Grubb filed an amended petition, naming Dr... More...   $0 (05-13-2010 - TX)

Timothy Nelson v. Alan Blake

Timothy Nelson brought a lawsuit under 42 U.S.C. § 1983 alleging thirteen officials at the Missouri Sexual Offender Treatment Center violated his constitutional rights. The defendants moved for summary judgment based on qualified immunity and the district court2 dismissed Nelson's claims against six of the thirteen defendants. The remaining seven defendants appeal the district court's order denyi... More...   $0 (05-13-2010 - MO)

Elvin Maxwell v. Robert Willis

Robert Willis filed suit against Texas Tech University and Elvin Maxwell alleging several causes of action in connection with his removal from the University’s Physician’s Assistant (PA) Program. Maxwell filed a motion for summary judgment and, in part, alleged that Willis’s claims were barred by official immunity. The trial court denied Maxwell’s motion, and he filed this interlocutory ... More...   $0 (05-06-2010 - TX)

Phillis Ideal v. Burlington Resources Oil & Gas Company, L.P.

{1} Plaintiffs-Respondents (Plaintiffs) are royalty owners who brought a class action lawsuit claiming that Defendant-Petitioner (Burlington) has underpaid royalties by improperly deducting the costs and expenses associated with placing natural gas in a marketable condition. The district court certified a class under Rule 1-023(B)(2) and (B)(3) NMRA, finding that “[t]he common pre-tailgate deduc... More...   $0 (04-27-2010 - NM)

Danny Mateer and Joan Mateer v. Cabool Lease, Inc.

his is an interlocutory appeal by Appellants Danny Mateer and Joan Mateer from the trial court=s order granting Appellee Cabool Lease, Inc.=s special appearance in a personal injury action filed by the Mateers.[2] For the reasons set forth below, we will affirm the trial court=s order.

II. Factual Background

In 2006, Danny Mateer worked as a milk truck driver for Milk Transport Ser... More...
   $0 (04-26-2010 - )

Kyle Edwards v. Prime, Inc. d/b/a Ruth's Chris Steak House

Ruth’s Hospitality Group, the parent company of Ruth’s Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that “our succ... More...   $0 (04-09-2010 - AL)

William K. Summers, M.D. v. Arden Health Services, L.L.C.

{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune b... More...   $0 (04-09-2010 - NM)

Stewart Pierce, et al. v. CRB Partners, LLC

In this accelerated interlocutory appeal, appellants, Stewart Pierce, Vivian Finch, Gene Voorhies, Donald Eudaly, and Margaret Fabian, complain about a trial court order granting a temporary injunction filed by appellee, CRB Partners, LLC. By one issue, appellants argue that the trial court abused its discretion in granting a temporary injunction in favor of appellee because: (1) appellee failed t... More...   $0 (04-01-2010 - TX)

Education Service Center Region II v. Rose Marikudi and Jessy Peecha Tukudiyil

Appellant, Education Service Center, Region II ("Service Center"), files this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. (1) By its first issue, the Service Center argues that the trial court erred in denying its plea to the jurisdiction because the Service Center, as a quasi-governmental entity, did not receive notice of the claim as req... More...   $0 (04-01-2010 - TX)

Prairie View A&M University v. Diljit K. Chatha

Appellant, Prairie View A&M University, brings this interlocutory appeal from an order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008) (allowing interlocutory appeal of order that "grants or denies a plea to the jurisdiction by a governmental unit"). The trial court determined appellee, Diljit K. Chatha, timely filed her suit against her e... More...   $0 (04-01-2010 - TX)

Steven Philip Kloeris, M.D. and Rajeswari Thisgara Rajan, M.D. v. Charles and Jamie Stockdale

Charles (Chuck) and Jamie Stockdale, individually and as representatives of the estate of Charles Stockdale III, and James and Toren Dukes, as legal guardians of Allyson and Charles Stockdale IV (collectively, the Stockdales), sued Dr. Steven Kloeris and Dr. Rajeswari Rajan for medical malpractice arising out of Charles’s death from a prescription drug overdose. The trial court overruled Dr. Kl... More...   $0 (04-01-2010 - TX)

Michael Napoli, Sr. v. Town of New Windsor and George Green

Defendants appeal from a January 12, 2009 order of the district court denying defendants’ motion for summary judgment on qualified immunity grounds and a May 14, 2009 order of the district court clarifying its previous order. Because we find that defendants’ appeal is untimely under Federal Rule of Appellate Procedure 4(a), we dismiss the appeal for lack of jurisdiction.

<... More...
   $0 (03-29-2010 - CT)

Jeniffer Aloysius v. Mark Kislingbury and Stenomaster, Inc.

Appellant, Jeniffer Aloysius ("Aloysius") appeals the trial court's denial of her special appearance. Aloysius complains that the trial court erred because she lacks the necessary minimum contacts with Texas to establish its jurisdiction over her. Aloysius also complains that the trial court erred by failing to dismiss this suit because Appellee, StenoMaster, Inc. ("StenoMaster") lacks capacity to... More...   $0 (03-27-2010 - TX)

Carl T. Wibbenmeyer v. TechTerra Communications, Inc.

Appellant Carl T. Wibbenmeyer appeals a district court judgment that awarded appellees TechTerra Communications, Inc.; Christian Behier; and Adella Almazan-Seabolt attorney's fees but no other relief. Wibbenmeyer argues that there is no statutory or contractual basis for awarding attorney's fees and that, if there was, the amount awarded was an abuse of discretion. We agree that there was no stat... More...   $0 (03-26-2010 - TX)

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