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Interlocutory Appeal Law
 
David Cardwell, M.D. v. Marianne McDonald

Patrick A. GrovesIn this interlocutory appeal, we consider whether a suit for money damages against a physician constitutes a "health care liability claim" subject to the expert-report requirement of the Texas Medical Liability Act (TMLA), (1) an issue litigated so frequently nowadays that recent opinions of the Texas Supreme Court have begun abbreviating that statutory term "HCLC." (2) Making thi... More...   $0 (08-31-2011 - TX)

Christina Mascorro v. Craig A. Billings

Relying mostly on their version of events, Craig Billings, a Murray County Oklahoma deputy sheriff, and Steve Watkins and Tony Simpson, police officers with the City of Sulphur, Oklahoma police department, appeal from the district court’s denial of their motion for summary judgment based on qualified immunity. But the Mascorros have a different version. Because, as the district court concluded, ... More...   $0 (08-31-2011 - OK)

Gloria L. Rodas v. John Seidlin, M.D.

Gloria Rodas’s appeal presents an important question about the meaning of a provision of the Illinois Good Samaritan Act, 745 ILCS 49/1 et seq., in a case that was removed to federal court under the federal officer removal statute, 28 U.S.C. § 1442. The state-law question is whether and under what circumstances the protections of the Good Samaritan Act turn on the business model physicians use ... More...   $0 (08-31-2011 - IL)

Vickie Fields v. Bill Abbott

In 2004, Vickie Fields was employed as a jailer in Miller County, Missouri. While at work one evening in July of that year, Fields was seriously injured by two inmates who took her hostage and attacked her after she honored their request to visit the jail’s law library.

Fields filed a civil rights action against Miller County, its sheriff, three of its county commissioners, and several ot... More...
   $0 (08-30-2011 - MO)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton‐Levin appeals the district court’s order entered on May 3, 2011. Appellee, Robert Keith Levin filed a motion for summary disposition asserting that this court lacks jurisdiction for lack of a final, appealable order. Ms. Carlton‐Levin does not oppose summary disposition. We dismiss the appeal without prejudice.

¶2 Generally, “[a]n appeal is improper if it is tak... More...
   $0 (08-25-2011 - ut)

State Office of Risk Management v. Linda Rodriguez

This is an interlocutory appeal of an order overruling the State Office of Risk Management’s second plea to the jurisdiction. Linda Rodriguez appealed a worker’s compensation claim to the district court from the Texas Department of Insurance-Division of Workers’ Compensation. She asked the district court to review the Division’s determination that she reached maximum medical improvement o... More...   $0 (08-25-2011 - TX)

Glenn Gates v. Rohm and Haas Company

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

Dan A. Gattis v. Jana Duty

In this interlocutory appeal from the denial of a plea to the jurisdiction, the principal issue we must decide is whether the county attorney of Williamson County, in either her individual or official capacity, has standing to sue the county commissioners court for allegedly violating the Open Meetings Act and local government code in the course of making budgetary transfers that negatively impact... More...   $0 (08-25-2011 - TX)

City of Deer Park v. Jose Ibarra

In this interlocutory appeal,[1] appellant, the City of Deer Park (“the City”), challenges the trial court’s order denying its plea to the jurisdiction on the breach of contract, tort, equitable, and statutory claims made against it by appellees, Jose Ibarra, Emilio Vargas, Mario Torres, Jose Lemus, Roberto Delgado, Santiago Bravo, Carlos Vasquez, Hugo Martinez, Saul Balseca, Vicente Martine... More...   $0 (08-25-2011 - TX)

Maria Torres v. City of Madera

While handcuffed in the back seat of a patrol car, Everardo Torres (“Everardo”) was mortally wounded when Madera City Police Officer Marcy Noriega (“Officer Noriega”) shot him in the chest with her Glock semiautomatic pistol, believing it at the time to be her Taser M26 stun gun. Everardo’s family filed this survival action under 42 U.S.C. § 1983, asserting excessive force in violation ... More...   $0 (08-22-2011 - CA)

The City of Houston v. Joslyn M. Johnson

After her husband Rodney Johnson was shot and killed in the line of duty as a Houston police officer, Joslyn Johnson sued the City of Houston. She alleged that the City was grossly negligent in that it failed to implement policies and procedures to safeguard police officers during routine traffic stops, and that the City’s immunity from suit from such a claim is discriminatory and violates the ... More...   $0 (08-19-2011 - TX)

Texas Workforce Commission v. Maria Elena Olivas

The Texas Workforce Commission (the “Commission”) appeals the trial court’s denial of its plea to the jurisdiction. The Commission contends the order is in error, and that former Commission employee, Ms. Maria Elena Olivas’ suit for retaliatory discharge should be dismissed for lack of jurisdiction. We affirm.

Ms. Olivas worked for the Commission from June 24, 1987 un... More...
   $0 (08-18-2011 - TX)

Derrick Brown v. Eli Lilly and Company

2 Plaintiff-appellant Derrick Brown (“Brown”), Personal Representative of the Estate of
3 Dorothy Brown, deceased, appeals from summary judgments certified as final pursuant to Federal
4 Rule of Civil Procedure 54(b) in favor of defendants Noxubee General Hospital (“Noxubee”) and
5 Baptist Memorial Hospital-Golden Triangle (“Baptist”) and from a summary judgment in favor of... More...
   $0 (08-18-2011 - NY)

Blaise Mahoney v. Menard Inc.

¶1 BROWN, C.J. Menard, Inc. and Zurich American Insurance Company appeal the denial of their motion to dismiss Blaise and Karen Mahoney’s complaint against them. The motion was based on the fact that the complaint served on Menards[1] was unsigned even though it was nonetheless authenticated by the clerk of courts. The complaint on file with the trial court was signed. Menards clai... More...   $0 (08-17-2011 - WS)

Crystal Ammons v. State of Washington Department of Social and Health Services

Appellants Mary LaFond (“LaFond”) and Norman Webster (“Webster”) (collectively “Appellants”), relying on qualified immunity, appeal the district court’s order denying their motion for summary judgment. Appellee Crystal Ammons (“Ammons”) sued LaFond and Webster under 42 U.S.C. § 1983 for violating her Fourteenth Amendment substantive due process right to safe conditions while in ... More...   $0 (08-17-2011 - WA)

In the Matter of: Aqua Dots Products Liability Litigation

Moose Enterprises made, Spin Master distributed, and many retailers sold, Aqua Dots, a toy consisting of small, brightly colored beads that can be fused into designs when sprayed with water. Moose Enterprises contracted production of Aqua Dots to JSSY Ltd., a Chinese company, which substituted 1,4 butanediol for the specified adhesive, 1,5 pentanediol.

While the substitute adhesive is chemi... More...
   $0 (08-17-2011 - IL)

In the Matter of A.C. Smith

Lillie Lang appeals the denial of motions she filed “on behalf of” her brother, A.C. Smith, in his guardianship/conservatorship case. Smith died during this appeal, which now is moot.

Background

Smith’s daughter petitioned to appoint a guardian and conservator for her father, and for emergency appointment of a temporary guardian and conservator. She alleged that Smith could not... More...
   $0 (08-15-2011 - MO)

Randolph A. Lopez M.D. v. Johanna Brown

In this accelerated interlocutory appeal, appellant Randolph A. Lopez, M.D. challenges the trial court’s denial of his second motion to dismiss based on an alleged untimely-filed and insufficient second expert report in a medical malpractice suit. We affirm.

BACKGROUND

Dr. Lopez operated on one of Joanna Brown’s fingers in November 2008. Brown sued Dr. Lopez in March 2010, alle... More...
   $0 (08-11-2011 - TX)

Jerry Wilkerson v. RSL Funding, L.L.C.

In this interlocutory appeal, Jerry Wilkerson appeals the trial court’s order denying his special appearance. Appellee RSL Funding, L.L.C. sued Wilkerson for defamation, libel, and business disparagement, all based upon statements made by Wilkerson on third-party internet sites. In his sole issue, Wilkerson contends the trial court erred in denying his special appearance and objection to juris... More...   $0 (08-11-2011 - TX)

Howard Regional Health System d/b/a Howard Community Hospital v. Jacob Z. Gordon

Jacob Gordon‘s mother sued Howard Community Hospital, alleging it committed medical malpractice while caring for her son. In another count of the complaint, she sought separate damages for spoliation, saying the Hospital had lost certain medical records associated with Gordon‘s care and that this loss made it impossible for Gordon to pursue a medical malpractice claim against one of his doctor... More...   $0 (08-10-2011 - IN)

Patricia Dayner v. Archdiocese of Hartford

This appeal requires us to consider the contours of the ministerial exception, under the first amendment to the United States constitution,1 to Connecticut courts’ subject matter jurisdiction over certain employment related claims brought against religious institutions. The plaintiff, Patricia Dayner, brought this action against the defendants, the Archdiocese of Hartford (archdiocese) and Fathe... More...   $0 (08-02-2011 - CT)

The Estate of Jerry A. Amaro v. City of Oakland

This interlocutory appeal requires us to resolve only the following question certified by the district court: whether the doctrine of equitable estoppel should apply where a plaintiff believes she has a 42 U.S.C. § 1983 claim but is dissuaded from bringing the claim by affirmative misrepresentations and stonewalling by the police. We hold that the equitable doctrine does apply in such a context a... More...   $0 (07-28-2011 - CA)

Ricky Moore v. City of Desloge

After concluding police violated Ricky E. Moore’s constitutional rights in seizing items from Moore’s residence, a Missouri state trial court suppressed the evidence. Missouri filed an interlocutory appeal of the suppression order in the Missouri Court of Appeals, which was dismissed. Moore then brought this civil rights lawsuit against his ex-wife Theresa Moore (Theresa) and son Jason Moore (... More...   $0 (07-28-2011 - MO)

U.S.Lawns, Inc. v. Rodolfo Luis Castillo, Jr.

Appellant, U.S. Lawns, Inc. (“U.S. Lawns”), filed an interlocutory appeal from an order denying its motion to compel arbitration with appellees, Rodolfo Castillo Jr. and Yadira Ivette Arroyo. By one issue, U.S. Lawns contends that the trial court erred in denying its motion because Castillo was bound to an arbitration agreement between U.S. Lawns and Castillo’s employer. We affirm.

... More...
   $0 (07-28-2011 - TX)

Assisted Living Concepts, Inc. v. Douglas M. Fellows

2 Appellant, Assisted Living Concepts, Inc. (ALC), which is not a party in
3 the underlying probate proceeding, appeals from an order of the probate court denying its
4 motion to quash a subpoena duces tecum and granting the personal representative's
5 motion to compel discovery. We conclude that the probate court's order is not
appealable--and, specifically, that ORS 19.205(2) is ... More...
   $0 (07-27-2011 - OR)

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