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Interlocutory Appeal Law
 
Peter B. Steiger v. Happy Valley Homeowners Association

[¶1] Peter B. and Sylvia Steiger (the Steigers) owned a tract of land in a subdivision governed by restrictive covenants. The Happy Valley Homeowners Association (the Association) filed a complaint against them alleging that they were violating one of the covenants. The district court granted summary judgment for the Association and the Steigers appealed. This Court reversed the summary judgment ... More...   $0 (12-07-2010 - WY)

Texas Cypress Creek Hospital, L.P. v. Marshelia Hickman

In this accelerated interlocutory appeal, appellant Texas Cypress Creek Hospital, L.P. d/b/a Cypress Creek Hospital (“Cypress Creek”), complains of the trial court’s denial of its motion to dismiss the healthcare-liability claims of appellee Marshelia Hickman, individually and as personal representative of the Estate of Jayme R. Cox, on the grounds that Hickman’s expert reports do not sati... More...   $0 (12-02-2010 - TX)

8100 North Freeway Ltd v. City of Houston

Appellant 8100 North Freeway Ltd. appeals the trial court’s order granting the temporary injunction request of appellee the City of Houston. Because we find that the trial court did not abuse its discretion in issuing the temporary injunction, we affirm.

BACKGROUND

The City regulates sexually oriented businesses (SOBs) and requires them to meet certain criteria to obtain permits, ... More...
   $0 (12-02-2010 - TX)

Stephanie Rodriguez v. Lockheed Martin Corporation

Defendant-appellant General Dynamics Armament and Technical Products, Inc. (“General Dynamics”), seeks to appeal from the district court’s denial of its summary judgment motion in an action arising from the premature explosion of a mortar cartridge manufactured by General Dynamics during an army training exercise in Hawaii.1 The explosion killed Oscar Rodriguez and injured Samuel Oyola-Perez... More...   $0 (11-30-2010 - HI)

Karen Scruggs Simmons v. Texoma Medical Center

Karen Scruggs Simmons, individually and as representative of the Estate of Brandon Scruggs, appeals the trial court's order dismissing her suit, with prejudice, against Texoma Medical Center ("TMC"). We affirm.

BACKGROUND

The following facts are taken from Simmons' original and amended petitions. Having overdosed on the antipsychotic drug, Loxapine, Simmons' son, Brandon Scruggs, was... More...
   $0 (11-30-2010 - TX)

Thomas R. Hutchinson v. Bonnie J. Hahn

Plaintiffs-Appellants Thomas R. Hutchinson and his counsel, Joan Godlove, appeal from the district court’s monetary judgment running jointly and severally against them awarding $73,208.57 and $33,808.57 to various lawyer or law firm defendants as sanctions resulting from the underlying lawsuit. IV Aplt. App. 849- 852. On appeal, they contend that (1) the district court’s sanction order should ... More...   $0 (11-24-2010 - OK)

Harold Hill v. Cordelia Coppleson, personal representative of Michael Rogers

Over a decade after being convicted of sexual assault and homicide, Harold Hill was exonerated by DNA evidence. Hill filed suit against the City of Chicago, a number of its police officers, and Michael Rogers, an assistant state’s attorney, alleging various constitutional violations, including a claim that several detectives and Rogers had coerced him to falsely confess to the crimes in violatio... More...   $0 (11-22-2010 - IL)

Priscilla Tyler v. Hannaford Brothers d/b/a Hannaford Food & Drug

The plaintiff, Priscilla Tyler, appeals an order of the Superior Court (McHugh, J.) applying collateral estoppel to findings made by the New Hampshire Compensation Appeals Board (Board) in a subsequent civil action against the defendant, Hannaford Brothers (Hannaford). We reverse and remand.

The record contains the following facts. On June 27, 2003, while employed by Suray Promotions, Inc. ... More...
   $0 (11-20-2010 - NH)

Camco Construction, Inc. v. Utah Baseball Academy, Inc.

¶1 In this interlocutory appeal, Athletic Performance Institute, L.L.C., Utah Baseball Academy, Inc., and Robert Keyes (collectively, “API”) ask us to overturn the district court’s order, which denied API’s motion to disqualify the district court judge, the Honorable Anthony Quinn, after he was exposed to confidential arbitration materials. Because we conclude that API’s motion to disqu... More...   $0 (11-16-2010 - UT)

John Eugene Youmans v. T.A. Gagnon

This case is about the defense of qualified immunity in situations involving delay in medical care for a pretrial detainee.

Plaintiff-Appellee, a pretrial detainee at the time of these events, was beaten (an occurrence in which Defendant-Appellant took no part) in connection with Plaintiff’s arrest on robbery charges. He alleges that later Defendant, by booking and questioning Plaintiff b... More...
   $0 (11-16-2010 - FL)

Clara Bova v. Schreiber Lumber, Inc.

Clara Bova and Antonio Simeone (“Bova and Simeone”) appeal the trial court‟s judgment order, after a bench trial, on the action brought against Antonio Simeone, d/b/a Simeone Construction by Schreiber Lumber, Inc. (“Schreiber”); Simeone‟s counterclaim; Bova‟s third-party complaint against Schreiber and Dave Beck, d/b/a Beck Construction Co. (“Beck”); and the amended counterclaim ... More...   $0 (11-16-2010 - IN)

Bobette J. Morin v. James Tormey

This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Famil... More...   $0 (11-15-2010 - NY)

Bobette J. Morin v. James Tormey

This interlocutory appeal from the denial of a motion to dismiss primarily concerns an allegation of retaliatory action taken against a state court employee because of her refusal to engage in partisan political activity. Defendants-Appellants James C. Tormey, State Supreme Court Justice and District Administrative Judge for the Fifth Judicial District; Bryan R. Hedges, Judge of the Onondaga Famil... More...   $0 (11-15-2010 - NY)

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

Geoffrey Zimmerman, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims against him by Wendy Gonzalez Anaya. Following a remand from the Texas Supreme Court, we consider Zimmerman’s contention that his affirmative defense of official immunity bars Gonzalez Anaya’s negligence claims. We reverse and render.

Background<... More...
   $0 (11-12-2010 - )

Mable Beal v. Walgreen Company

In this diversity case, Mable B. Beal, deceased (through representative Deborah K. Putnam), and Ruth M. Schaeffer, deceased1 (through representative Doris Bicknell), (collectively, the “Plaintiffs”) challenge the district court’s partial grant of summary judgment for the Plaintiffs and for the defendant, Walgreen Company (“Walgreens”). This case arises from state-law causes of action for... More...   $0 (11-11-2010 - TN)

Stacey Stryker v. W. Fulton Broemer and Broemer & Associates, L.L.C

Appellant, Stacey Stryker, sued W. Fulton Broemer and Broemer & Associates, L.L.C. (collectively, “Broemer”), for legal malpractice arising out of Broemer’s representation of Stryker in a debt dispute with another law firm. Broemer moved for traditional and no-evidence summary judgment, contending that Stryker could not recover mental-anguish damages and could not present evidence that Broe... More...   $0 (11-10-2010 - TX)

Ronald Engh v. Michael REardon, M.D. and Panagiotis Kougias, M.D.

This appeal arises from medical malpractice claims brought by appellant, Ronald Engh, against appellees, Dr. Panagiotis Kougias and Dr. Michael Reardon. The trial court dismissed Engh’s claims against both doctors with prejudice after concluding that the expert report served by Engh did not satisfy the requirements of section 74.351 of the Texas Civil Practice and Remedies Code.[1] This appeal... More...   $0 (11-10-2010 - TX)

Texas State University - San Marcos v. Sam Bonnin

Sam and Betty Bonnin brought a wrongful death and survival action against appellant Texas State University–San Marcos (TSU) in connection with the death of their son, Jason Bonnin. Footnote TSU filed a plea to the jurisdiction, which the trial court denied. In this interlocutory appeal, TSU argues that the trial court erred in denying its plea to the jurisdiction because the Bonnins had not esta... More...   $0 (11-06-2010 - TX)

Geffrey Klein, M.D. and Baylor College of Medicine v. Cynthia Hernandez

In this interlocutory appeal, Footnote appellant, Geffrey Klein, M.D., challenges the trial court’s order denying his motion for summary judgment on the health care liability claims made against him by appellee, Cynthia Hernandez, Footnote as next friend of N.H., a minor. Footnote Following a remand from the Texas Supreme Court, Klein contends that his affirmative defense of official immunit... More...   $0 (11-04-2010 - TX)

Velma Sue Bates v. Dura Automotive Systems, Inc.

Plaintiffs-appellees are seven former employees of Dura Automotive Systems who are challenging Dura’s drug testing policy under the Americans with Disabilities Act. In resolving the parties’ cross motions for summary judgment, the district court held that an individual need not be disabled to pursue a claim under section 12112(b)(6) of the Act. The district court certified this issue for inter... More...   $0 (11-03-2010 - TN)

Velma Sue Bates v. Dura Automotive Systems, Inc.

Plaintiffs-appellees are seven former employees of Dura Automotive Systems who are challenging Dura’s drug testing policy under the Americans with Disabilities Act. In resolving the parties’ cross motions for summary judgment, the district court held that an individual need not be disabled to pursue a claim under section 12112(b)(6) of the Act. The district court certified this issue for inter... More...   $0 (11-03-2010 - TN)

Eugene E. Aubry v. Town of Mount Desert, et al.

[¶1] This case involves a straightforward question: Can an existing restaurant in the Town of Mount Desert provide outdoor seating to its patrons? In the four years since the restaurant owner applied to the Town for authorization to provide that outdoor seating, the matter has been addressed by the Town’s Planning Board, the Town’s Zoning Board of Appeals, the Superior Court, and us on multip... More...   $0 (11-02-2010 - ME)

Kingwood Specialty Hospital v. Ramona Barley

Appellants, Kingwood Specialty Hospital, Ltd. and Kingwood Specialty Hospital (collectively, “Kingwood”), bring this interlocutory appeal from the trial court’s denial of their motion to dismiss the medical malpractice claims of appellee, Ramona Barley. In two issues, Kingwood claims that the trial court abused its discretion in denying their motion to dismiss. We affirm the judgment of th... More...   $0 (10-29-2010 - TX)

Jennifer Meyers v. The Hertz Corporation

In this procedurally convoluted case, plaintiffs seek overtime wages they contend they were unlawfully denied by their employer. The plaintiffs apparently initially intended this case to be a nationwide “collective action” under § 216(b) of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216(b), through which employees seeking to recover under FLSA’s substantive provisions may asser... More...   $0 (10-27-2010 - NY)

La Associacion De Trabajadores De Lake Forest v. City of Lake Forest

This appeal arises from a dispute between a nonprofit organization advocating on behalf of day laborers and local government officials over the enforcement of restrictions on soliciting work on public sidewalks. The district court held that plaintiffs lacked standing and were not entitled to attorney’s fees. We agree with the district court’s standing conclusion, but disagree with its resoluti... More...   $0 (10-25-2010 - CA)

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