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Interlocutory Appeal Law
Timothy Shannon v. Officer Michael Koehler

The plaintiff, Timothy Shannon, is a former Marine and retired police officer who owns a pub in Sioux City, Iowa, called “Tom Foolery’s.” In the early morning hours of September 13, 2006, Shannon was arrested inside Tom Foolery’s by Michael Koehler, a patrol officer with the Sioux City Police Department. Following his arrest, Shannon filed this action under 42 U.S.C. § 1983 against Office... More...   $0 (08-17-2010 - IA)

Frank McAllister v. Jerry L. Price

This is an interlocutory appeal from a district court’s denial of summary judgment to a defendant who claims qualified immunity. The plaintiff, Frank McAllister, suffered a diabetic episode resulting in a car crash. McAllister alleges that the officer responding to the incident, Jerry Price, violated his Fourth Amendment rights by using excessive force to remove McAllister from his car. Finding ... More...   $0 (08-12-2010 - IN)

Maureen Rattray v. Woodbury County

Maureen Rattray filed a lawsuit against Woodbury County, Iowa (“the County”), alleging that she was strip searched illegally as part of the booking process at the Woodbury County Jail. Rattray subsequently moved to certify a class action. The district court2 denied Rattray’s motion, ruling that Rattray failed to convince the court that she would adequately represent the interests of the clas... More...   $0 (08-09-2010 - IA)

Yvonne Flitton v. Primary Residential Mortgage, Inc.

Defendant-appellant Primary Residential Mortgage, Inc. (“PRMI”) appeals from the district court’s order awarding plaintiff-appellee Yvonne Flitton $367,689.00 in attorney’s fees as a prevailing party in a Title VII lawsuit. Ms. Flitton cross-appeals from the same order, challenging the district court’s conclusion that it lacked jurisdiction to award her appellate attorney’s fees becaus... More...   $0 (08-05-2010 - UT)

Janet Carroll v. Kristi Donau

Janet Carroll appeals a final summary judgment on her health care liability claims against eight nurses--Kristi Donau, Shonna Tobias, Karla McKinney, Melissa Migl, Katie Watson, Leah Delafield, Nathan Lofgren, and SoonCha Sherman (collectively, the "Seton nurses"). (1) The Seton nurses had relied on the tort claims act's election-of-remedies provision. In two issues, Carroll urges that the distri... More...   $0 (07-29-2010 - TX)

Bimbo Bakeries USA, Inc. v. Chris Botticella

This matter comes on before this Court on an interlocutory appeal from an order of the District Court dated February 9, 2010, and entered on February 12, 2010, granting appellee’s motion for a preliminary injunction. Bimbo Bakeries USA, Inc. v. Botticella, No. 10-0194, 2010 WL 571774 (E.D. Pa. Feb. 9, 2010). The issue on appeal is whether the District Court erred in enjoining appellant Chris Bot... More...   $0 (07-27-2010 - PA)

Matell, Inc. v. MGA Entertainment, Inc.

Who owns Bratz?


Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, “The Girls With a Passion for Fashion!” Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which ... More...
   $0 (07-23-2010 - CA)

Thomas Ed Cole v. Anadarko Petroleum Corporation and Permian Basin Joint Venture, LLC

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.

I. Background Facts

... More...
   $0 (07-23-2010 - TX)

James H. Spooner v. Town of Topsham

¶ 1. Plaintiff James H. Spooner, through his attorneys, Edwin L. Hobson and John Archer Hobson, appeals a trial court order denying an award of attorney’s fees and costs for both an interlocutory appeal to compel the appearance of one of plaintiff’s witnesses and the work of co-counsel used for trial. Because we find that the court improperly denied these costs and fees, we revers... More...   $0 (07-22-2010 - VT)

Jams H. Spooner v. Town of Tompsham

¶ 1. Plaintiff James H. Spooner, through his attorneys, Edwin L. Hobson and John Archer Hobson, appeals a trial court order denying an award of attorney’s fees and costs for both an interlocutory appeal to compel the appearance of one of plaintiff’s witnesses and the work of co-counsel used for trial. Because we find that the court improperly denied these costs and fees, we rever... More...   $0 (07-22-2010 - VT)

Inliner Americas, Inc. v. MaComb Funding Group L.L.C.

After the appellants defaulted on a secured loan and their creditor began proceedings to foreclose on the collateral, the appellants assigned the collateral to the creditor. Under the terms of the parties’ agreements, the “collateral” was defined to include all assignable causes of action the appellants owned or later acquired, as well as the proceeds of such collateral. In the central iss... More...   $0 (07-22-2010 - TX)

Mauricio Martinez-Partido v. Methodist Specialty and Transplant Hospital

This is an appeal from the trial court’s dismissal of appellant’s medical malpractice claim against appellees. The dismissal is based on appellees’ objections to the qualifications of appellant’s experts. We reverse and remand.


In January 2000, appellant had an AMS 800 Artificial Urinary Sphincter implanted. Appellant underwent another surgery, in Fe... More...
   $0 (07-21-2010 - TX)

Wendy M. Flomerfelt v. Matthew P. Cardiello

Plaintiff Wendy Flomerfelt sustained temporary and permanent injuries after she overdosed on alcohol and drugs during a party hosted by defendant Matthew Cardiello at his parents' home while they were out of town. Plaintiff has little recollection of what she drank or ingested either before she arrived or during the party itself. Her complaint, however, asserted that her injuries were caused ... More...
   $0 (07-07-2010 - NJ)

Edward Williams v. Solvay Chemicals, Inc.

The plaintiff, Edward Williams, sued his former employer, Solvay Chemicals Inc. (Solvay), for breach of contract after Solvay fired him for sleeping on the job. The district court’s jurisdiction was based on diversity of citizenship.

See 28 U.S.C. § 1332. Our appellate jurisdiction arises under 28 U.S.C. § 1291. In his complaint, Mr. Williams alleged that Solvay had breached an implie... More...
   $0 (07-07-2010 - WY)

Scott Wilkinson v. Rick Torres

On May 8, 2005, Defendant-Appellant Rick Torres (“Torres”) shot and killed Jason Scott Wilkinson (“Wilkinson”) as Wilkinson was driving a stolen minivan in a residential yard where the officers were on foot. Plaintiffs- Appellees Scott Wilkinson, Alisha Wilkinson, and the estate of Jason Scott Wilkinson (collectively, “Plaintiffs”) brought an action against Torres and others, alleging ... More...   $0 (07-07-2010 - WA)

Mindy's Cosmetics, Inc. v. Sonya Dakar

Plaintiff-appellee Mindys Cosmetics, Inc. (“Mindys”) is a cosmetics company owned and operated by members of the Dakar family. Defendant-appellant Kia Kamran (“Kamran”) is an attorney. In 2007, Kamran registered two of Mindys’ trademarks in Sonya Dakar’s name. Israel and Natan Dakar brought suit in the name of Mindys against Sonya Dakar, Donna Dakar, and Kamran. Kamran moved under Cali... More...   $0 (07-06-2010 - CA)

Richard Madowitz v. The Woods at Killington Owners’ Association

This interlocutory appeal arises out of a dispute over development rights at the Woods at Killington condominium complex (the Woods) in Killington, Vermont. An association of condominium unit owners located at the Woods (the Association) appeals from a decision by the Rutland Superior Court granting summary judgment in favor of developers Richard Madowitz and Douglas Kohl, who are seeking to fur... More...   $0 (07-02-2010 - VT)

Gulf Coast Waste Disposal Authority v. Four Seasons Equipment, Inc.

In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an In... More...   $0 (06-24-2010 - TX)

Tiffany J. Koontz v. Citibank (South Dakota), N.A.

This is an appeal from a final judgment confirming an arbitration award in favor of appellee, Citibank (South Dakota), N.A. [“Citibank”] on a credit card debt. On appeal, appellant, Tiffany J. Koontz, contends that (1) there was no evidence of an agreement to arbitrate, (2) any arbitration agreement is ambiguous as to what law applied, and (3) the arbitrator failed to comply with the terms of... More...   $0 (06-24-2010 - TX)

Gary Winnett v. Caterpillar, Inc.

At stake in this interlocutory appeal are the claims of one subclass of plaintiffs in an ongoing class-action lawsuit against Caterpillar for allegedly breaching its promise to provide “lifetime cost-free retiree health care.” R.61, ¶ 2. The district court preliminarily enjoined Caterpillar to provide the subclass—275 plaintiffs who retired from a Caterpillar subsidiary between 1992 and 199... More...   $0 (06-22-2010 - TN)

Dominika Zakrzewski v. The New School

We previously certified to the New York Court of Appeals the question of whether the affirmative defense to employer liability articulated in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) applies to sexual harassment and retaliation claims under New York City Administrative [Code] Section 8-107. See Zakrzewska v. The New School,... More...   $0 (06-22-2010 - NY)

Gerald A. Judge v. Pat Quinn

Constitutional specialists and U.S. history buffs will recall that the original Constitution of 1787 took a cautious approach toward the election of public officials. It interposed the Electoral College between the voters and the President, U.S. CONST. art. II, § 1, and it provided that each state’s two senators would be chosen by the state legislature, U.S. CONST. art. I, § 3. “Judges of th... More...   $0 (06-17-2010 - IL)

Ricky Lee Thomas v. John Durastanti

In this interlocutory appeal, Defendant-Appellant John Durastanti, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), appeals the district court’s decision denying him qualified immunity from Plaintiff-Appellee Ricky Lee Thomas’ claim that Agent Durastanti violated Mr. Thomas’ Fourth Amendment right to be free from unreasonable seizures when Agent Dura... More...   $0 (06-04-2010 - KS)

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)

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