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Interlocutory Appeal Law
 
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)

Max Protech, Inc v. John Herrin

In this accelerated interlocutory appeal, appellant Max Protetch, Inc. (Protetch) challenges the trial court’s denial of its special appearance. Concluding the court has personal jurisdiction over Protetch, we affirm.

Background

Appellee John A. Herrin is a resident of Houston. Protetch is a New York corporation authorized to fabricate, promote, price, and sell limite... More...
   $0 (04-05-2011 - TX)

Kendra Huckaby v. Terry Priest, Office, David Fobar, Officer, and Cullen, Sergeant

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 (04-05-2011 - MI)

Dugas Limited Partnership v. Donna Neal Goode Dugas

In this accelerated, interlocutory appeal, Appellants Dugas Limited Partnership (Dugas, LP); Dugas 1998 Irrevocable Trust (Dugas 1998 Trust); William Bruce Dugas Grandchild Trust (Grandchild Trust); and James Stephen Turner (Steve) and Hurley Calister Turner, Jr. (Cal), Co-Trustees of the Dugas 1998 Irrevocable Trust f/b/o William Bruce Dugas (Bruce) challenge the trial court’s order denying the... More...   $0 (04-05-2011 - )

Marian B. Madison v. Chalmette Refining, L.L.C.

This is an interlocutory appeal under Rule 23(f) of the Federal Rules of Civil Procedure. Defendant-Appellant Chalmette Refining, L.L.C., appeals the district court’s order certifying a class alleging claims arising out of a petroleum coke dust release from its refinery. For the following reasons, we REVERSE the district court’s order granting class certification and REMAND this case for furth... More...   $0 (04-04-2011 - LA)

Geoffrey Zimmerman, M.D. v. Wendy Gonzalez Anaya

Wendy Gonzalez Anaya, individually and as next friend of Christopher Gabriel Hernandez, deceased, and Jose Hernandez (collectively, Gonzalez Anaya) have moved for rehearing. We grant rehearing, withdraw our opinion and judgment of November 10, 2010, and issue the following in their stead.[1] Our disposition of the case remains unchanged. Geoffrey Zimmerman, M.D., challenges the trial court’s ... More...   $0 (03-31-2011 - TX)

Julie Fitzpatrick v. General Mills, Inc.

This is an interlocutory appeal from the district court’s grant of class certification. The Appellee, Julie Fitzpatrick (“Fitzpatrick”), alleges that the Appellants, General Mills, Inc. and wholly-owned subsidiary Yoplait USA, Inc. (collectively, “General Mills”), violated the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., and breached an ... More...   $0 (03-25-2011 - FL)

Angel Granger v. Aaron's, Incorporated

Before us is an interlocutory appeal of an order allowing this employment discrimination suit to proceed despite an arguably late filing. The district court applied equitable tolling. We AFFIRM.

FACTUAL AND PROCEDURAL HISTORY

Angel Granger and Casey Dixon Descant worked at the Aaron’s store in Mansura, Louisiana. They claim their supervisor, store manager Kennard Williams, enga... More...
   $0 (03-24-2011 - LA)

City of Benavides v. Celeste M. Pena

Appellees Celeste Pena, Ildefonso Hernandez, Jr., Ronaldo Raymond, Jr., Christopher Oliveira, and Dawn Gonzalez (collectively “the employees”) were employees of the City of Benavides (“the City”) until the City’s Mayor, Ernestina Gonzalez, terminated their employment. After they were terminated by the Mayor, the employees filed suit against the City seeking injunctive and declaratory re... More...   $0 (03-23-2011 - TX)

Tonya Helman v. Alcoa Global Fastners, Inc.

Appellants bring this interlocutory appeal challenging the district court’s grant of a motion to dismiss and a motion for judgment on the pleadings in Appellees’ favor based on its conclusion that Appellant’s state law claims are preempted by the Death on the High Seas Act (DOHSA). On September 16, 2009, we granted the petition for permission to appeal under 28 U.S.C. § 1292(b), giving us j... More...   $0 (03-19-2011 - CA)

John Knudson v. Systems Painters

John E. Knudson alleges he suffered lung injuries while working on a construction site after he inhaled a significant amount of paint particulate. To recover damages, Knudson brought state-law claims in an action in Missouri state court against Randy Long, Systems Painters, Inc., Systems Painters & Drywall, LP, and Systems Painters & Drywall II, LP. (We refer to the last three defendants as a sing... More...   $0 (03-15-2011 - MO)

Karim El-Ghazzawy v. Kay Berthiaume

Karim El-Ghazzawy brought suit against Officer Kay Berthiaume under 42 U.S.C. § 1983 for violating his constitutional rights after Berthiaume arrested El-Ghazzawy due to his alleged sale of counterfeit watches to a pawn shop. The district court1 denied Berthiaume’s motion for summary judgment, concluding she was not entitled to qualified immunity. Berthiaume contends the court erred because it ... More...   $0 (03-15-2011 - MN)

J.L.H. v. B.L.T.

J.L.H. (“Father”) appeals from the trial court’s order in contempt entered against him for failure to pay child support and argues: 1) that the trial court’s failure to advise him of his right to appointed counsel before the contempt hearing, in which the court was considering incarceration as a possible sanction, was a violation of Father’s due process rights, and 2) that the trial cour... More...   $0 (03-10-2011 - IN)

John F. Warner v. Horace Calbert

{1} In this interlocutory appeal, Horace Calvert and Jody Calvert, a.k.a. Jody Lusk, North American Pizza Solutions, Inc. (NAPS) and Albuquerque Pizza Solutions, L.L.C. (APS) (hereinafter referred to as Appellants) appeal the district court’s order appointing Judith Wagner as an expert witness pursuant to Rule 11-706 NMRA and determining that the valuation report prepared by Ms. Wagner in 2009 (... More...   $0 (03-09-2011 - NM)

Lamar Grizzle v. Honorable Brian Kemp

In this appeal, we must determine whether the District Court erred in applying the strict scrutiny standard in reviewing the Plaintiffs’ claims under the First and Fourteenth Amendments in issuing a preliminarily injunction against the Honorable Brian Kemp, the Secretary of State of Georgia (the “Secretary of State”), in his official capacity, and the County Executive Committee of the Bartow... More...   $0 (03-08-2011 - GA)

Kurt Torster v. Panda Energy Management, L.P., PLC II

What we have here is an interlocutory appeal from an order denying the motion of Kurt Torster and GEA Group, AG requesting that the cause be arbitrated per the Federal Arbitration Act, i.e. 9 U.S.C. §§1-16. The dispute between the parties has travelled a rather long and winding road. Originally initiated in state court, it sojourned through federal territories via removal and bankruptcy statute... More...   $0 (03-07-2011 - TX)

Guy Turi v. Main Street Adoption Services, LLP

Main Street Adoption Services, LLP and two of its officers (collectively, Main Street), none of whom are residents of Michigan, have filed this interlocutory appeal challenging the district court’s conclusions that (1) it has personal jurisdiction over Main Street regarding the various claims of the

1

Michigan plaintiffs, (2) venue is proper in the Eastern District of Michigan, and... More...
   $0 (03-04-2011 - MI)

Fernando J. Otero, M.D. v. Senaida Alonzo

Appellants Fernando J. Otero, M.D., Orestes Molina, M.D., and Heriberto Rodriguez-Ayala, M.D. challenge the trial court's denial of their motions to dismiss appellee Senaida Alonzo's health care liability claim. By one issue, appellants argue that the trial court abused its discretion in denying their motions to dismiss because Alonzo failed to serve an expert report on appellants within the 120 ... More...   $0 (03-03-2011 - TX)

Yosef Retta v. Tekola Mekonen

This is an interlocutory appeal from a temporary injunction. Appellants, Yosef Retta, Mulualem Fantahun, Dr. Girma Wolde Rufael, Abebe Ewnetu, Eyoel Negga, Abera Fitta, Mrs. Tewabech Tadesse, Mr. Bizuayehu Getachew, and Mrs. Solome Mekonnen, are members of the board of trustees of The Ethiopian Orthodox Tewahedo Debre Meheret St. Michael's Church in Dallas. Appellees are former members of the chur... More...   $0 (03-03-2011 - TX)

Heather Johnston v. Andrew Weil

The circuit court of Cook County certified the following question of law for interlocutory appeal pursuant to Supreme Court Rule 308 (Ill. S. Ct. R. 308 (eff. Feb. 26, 2010)):

“Whether evaluations, communications, reports and information obtained pursuant to section *** 604(b) of the Illinois Marriage and Dissolution of Marriage [Act] [citation] are confidential under the Mental Health an... More...
   $0 (02-25-2011 - IL)

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