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Interlocutory Appeal Law
 
ZyZy Corporation v. Gloria Hernandez

In this interlocutory appeal, ZYZY Corporation, publisher of the Eagle Pass News-Guide, a newspaper of general circulation in Maverick County, complains of the trial court’s order denying its motion for summary judgment in a libel suit brought by Gloria Hernandez. See Tex. Civ. Prac. & Rem. Code Ann § 51.014(a)(6) (West 2008). We hold Hernandez’s suit is not barred by limitations and that Z... More...   $0 (01-26-2011 - TX)

Tamara Timmons v. University Medical Center

Tamara Timmons appeals from the trial court’s order granting University Medical Center’s plea to the jurisdiction. We will affirm.

Factual and Procedural History

On February 16, 2007, Timmons underwent surgery at University Medical Center (UMC) to repair a hernia. Dr. John P. Thomas, M.D., performed this surgery. It was during this procedure that a sponge or ot... More...
   $0 (01-21-2011 - TX)

Bruce G. Howell v. Motorola, Inc.

The two cases that we have consolidated for decision in this opinion both deal with the responsibilities of a company with respect to a definedcontribution pension plan that it offers to its employees.

The company in each instance is Motorola, Inc., and the disputes concern employees’ retirement accounts in the Motorola 401(k) Savings Plan (the “Plan”). Bruce Howell was the original p... More...
   $0 (01-21-2011 - IL)

Gary Spano v. The Boeing Company

Employer-supported, definedcontribution plans, including those commonly known as 401(k) plans, play a vital role in the retirement planning of millions of Americans. The Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., uses the following definition for such a plan:

The term “individual account plan” or “defined contribution plan” means a pens... More...
   $0 (01-21-2011 - IL)

Tamara Timmons v. University Medical Center and John P. Thomas, M.D.

amara Timmons appeals from the trial court’s order granting University Medical Center’s plea to the jurisdiction. We will affirm.

Factual and Procedural History

On February 16, 2007, Timmons underwent surgery at University Medical Center (UMC) to repair a hernia. Dr. John P. Thomas, M.D., performed this surgery. It was during this procedure that a sponge or other p... More...
   $0 (01-21-2011 - TX)

Dr. Shirley Pigott v. Dr. Keith Miller

Dr. Shirley Pigott brings this interlocutory appeal from the trial court’s grant of Dr. Keith Miller’s application for a temporary injunction against her. Pigott raises six issues contending that the trial court erred in granting Miller’s application. We reverse and remand.



Background

In the underlying lawsuit, Dr. Keith Miller sued Dr. Shirley Pigott and Dr. S... More...
   $0 (01-19-2011 - TX)

Kesner Junior Liberal v. Eduardo R. Estrada

Plaintiff Kesner Liberal sued the City of Menlo Park (“City”) and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserti... More...   $0 (01-19-2011 - CA)

Paul E. Dauterman v. Toledo Hospital, et al.

{¶ 1} Defendant-appellant, The Toledo Hospital, appeals the May 25, 2010 judgment of the Lucas County Court of Common Pleas which granted plaintiff-appellee Paul E. Dauterman's motion to compel a discovery response. Because we find that the information requested was neither privileged nor confidential, we affirm the trial court's judgment.

{¶ 2} Appellee commenced this medical malpractice... More...
   $0 (01-14-2011 - OH)

Jeanne Vuich v. Great Eastern Resort Corporation

In this interlocutory appeal filed pursuant to Code § 8.01-670.1, the sole issue before us is whether the trial court correctly held that a snow tubing ride offered to the public was not an amusement device subject to regulation under the Virginia Amusement Device Regulations (“VADR”), 13 VAC § 5-31-10, et seq.

FACTS AND PROCEEDINGS

The facts relevant to this appeal are not in ... More...
   $0 (01-13-2011 - VA)

J.E. Saenz & Associates, Inc. v. Ricardo Munoz and Armando Herrera

In this interlocutory appeal, appellant J.E. Saenz and Associates, Inc. (“Saenz”) challenges the trial court’s granting of a motion for new trial filed by appellees, Ricardo Munoz and Armando Herrera. According to Saenz, the order granting appellees’ motion for new trial effectively overturned the trial court’s previous order dismissing appellees’ lawsuit against Saenz for their fai... More...   $0 (01-13-2011 - TX)

Keith Fischer, Helen Lorraine Fischer, and KHBD, Inc. d/b/a Precision Builders and d/b/a Precision Concrete v. Mark Ride

This is an accelerated interlocutory appeal from a temporary injunction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (Vernon 2008). In three issues, Appellants Keith Fischer, Helen Lorraine Fischer, and KHBD, Inc. d/b/a Precision Builders and d/b/a Precision Concrete argue that the trial court’s temporary injunction is void because it failed to include a date for the trial on the meri... More...   $0 (01-13-2011 - TX)

Deputy Corey Alexander and Sergeant Jimmie Cook v. April Walker

April Walker sued Harris County Sheriff’s Department Deputy Corey Alexander and Sergeant Jimmie Cook for assault, conspiracy, slander, false arrest, false imprisonment, and malicious prosecution. Several weeks later, Walker sued Harris County in federal court for the same claims that she asserted against the officers, based on vicarious liability, and for violation of sections 1983 and 1988. S... More...   $0 (01-13-2011 - TY)

Jerry L. and Susan Ashenfelter v. Amy S. Mulligan

Amy Mulligan appeals a district court order allowing her parents, Jerry and Susan Ashenfelter, to review her medical and mental health records for purposes of their petition seeking grandparent visitation with Amy’s son, A.M. This case has become moot because the ability to seek court-ordered grandparent visitation is now limited to grandparents whose own child has died. Because the issue of men... More...   $0 (12-30-2010 - IA)

Summerville v. City of Forest Park

{¶ 1} In this appeal, we reconcile R.C. 2744.02(C) with 2744.09(E) and determine whether the denial of a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order.

{¶ 2} R.C. Chapter 2744 governs political-subdivision immunity. Pursuant to R.C. 2744.... More...
   $0 (12-27-2010 - OH)

Tarrant Regional Water District v. Tamara Villanueva

In two issues, Appellant Tarrant Regional Water District (Tarrant) appeals the denial of its partial plea to the jurisdiction, asking this court to determine whether Chapter 21[1] of the Texas Labor Code should be read to automatically incorporate the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act).[2] We reverse and remand.

II. Factual and Procedural Hi... More...
   $0 (12-23-2010 - TX)

Susanna Hinojosa Rodriguez v. Christus Spohn Health System Corporation

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi–Memorial, and CHRISTUS Health (collectively “CHRISTUS”) appeal the district court’s denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez’s state law claims based on government immunity. The primary issue on appeal is whether Rodrigu... More...   $0 (12-23-2010 - TX)

Janel Orgavanyi v. Henry County Health Center

This appeal presents the question whether a nurse‟s incident report to a hospital risk manager is covered by Iowa‟s statutory peer review privilege. See Iowa Code § 147.135 (2007). Because we conclude that it is not, at least where the evidence does not establish the report is in the hands of a peer review committee or an employee thereof, we affirm the decision below.

I. Factual and P... More...
   $0 (12-22-2010 - IA)

Donald R. Davis, M.D. v. Alysa Baker

Appellee Alysa Baker filed suit against appellant Donald R. Davis, M.D., alleging health-care liability claims arising from a surgical procedure he performed on her hand in August 2007. Davis sought dismissal of the suit under chapter 74 of the civil practice and remedies code, based on Baker's alleged failure to timely file and serve the medical expert report required by that chapter. See Tex. Ci... More...   $0 (12-22-2010 - TX)

Roma Independent School District, et al v. Roel Gonzalez and Thelma Gonzalez

Roel and Thelma Gonzalez (“the Gonzalezes”) sued Roma Independent School District (“RISD”) to recover for the injuries they sustained during an automobile collision allegedly caused by a RISD school bus. The trial court denied RISD’s plea to the jurisdiction and this appeal followed. RISD challenges the denial of its plea to the jurisdiction on the ground that the Gonzalezes failed to ... More...   $0 (12-22-2010 - TX)

Atlas Gulf-Coast, Inc., d/b/a Atlas Foundation Repair Company v. Robert E. Stanford and Dorothy Stanford

Appellant Atlas Gulf-Coast, Inc., d/b/a Atlas Foundation Repair Company brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration filed against appellees Robert E. Stanford and Dorothy Stanford. We affirm.

The Stanfords hired Atlas to repair the foundation on their home for a total price of $16,910. Unsatisfied with the work, the Stanfords br... More...
   $0 (12-21-2010 - TX)

Hosea Anderson v. John S. Burson

Hosea Anderson and his wife, Bernice Anderson, live at 6534 Frietchie Row, Columbia, Maryland (the “Residence”). In 2006, the Andersons decided to refinance their home. Accordingly, on October 13, 2006, Mr. Anderson signed an “Adjustable Rate Balloon Note” promising to pay the lender, Wilmington Finance, Inc. (“Wilmington”), the amount he had borrowed ($227,250.00), plus interest, in m... More...   $0 (12-20-2010 - MD)

Hitchcock Independent School District v. Doreatha Walker

Appellant Hitchcock Independent School District appeals the trial court’s denial of its plea to the jurisdiction, arguing that appellee Doreatha Walker failed to comply with the statutory prerequisites of the Texas Whistleblower Act. See Tex. Gov’t Code Ann. §§ 554.005–.006 (Vernon 2004). In two issues, HISD contends that the trial court erred in denying its plea to the jurisdiction beca... More...   $0 (12-16-2010 - TX)

Town Hall Estates - Arlington, Inc. v. Lucy Cannon

This is an interlocutory appeal from the trial court’s order denying Appellant Town Hall Estates – Arlington, Inc.’s motion to dismiss Appellee Lucy Cannon’s healthcare liability claims for the alleged failure to timely file an expert report. See Tex. Civ. Prac. & Rem. Code Ann. § 74.351(a) (Vernon Supp. 2010). Three days before her expert report was required to be served, Cannon nonsui... More...   $0 (12-16-2010 - TX)

Texas Tech University Health Science Center v. Loretta Buford

In this medical malpractice suit, the trial court denied a plea to the jurisdiction filed by Texas Tech University Health Science Center. We reverse and render a judgment of dismissal.

For purposes of the plea to the jurisdiction, the facts do not appear to be disputed. Stefanee Buford[1] entered Medical Center Hospital on April 2, 2006. Ector County Hospital District does business a... More...
   $0 (12-16-2010 - TX)

Zinc Nacional, S.A. v. Bouche Trucking, Inc. v. Jorge Arrellano

Zinc Nacional, S.A. brings this interlocutory appeal from the denial of a special appearance. At issue is whether a Mexican company that trucks its product into the United States at Laredo, Texas for transport to New Mexico may be sued in Texas for negligence in loading the trailer at its facility in Monterrey, Mexico which allegedly caused an accident that injured a Texas driver. In our original ... More...   $0 (12-15-2010 - TX)

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