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Interlocutory Appeal Law
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)

Doctors Hospital v. Santos Hernandez

In this interlocutory appeal, appellants, Doctors Hospital, Doctors Hospital, 1997, L.P., individually and d/b/a Doctors Hospital, Tidwell Parkway Ventures, LLC, individually and d/b/a Doctors Hospital (collectively, “Doctors Hospital”), and Denitria Price, challenge the trial court’s order denying their motion to dismiss the heath care liability claim of appellee, Santos Hernandez, individu... More...   $0 (10-23-2010 - )

Chris Cook v. City of Edmond

¶1 City of Edmond (City) appeals the trial court's July 28, 2009, final judgment which granted Police Officers' Chris Cook, Richard Bercher, Tony Newsom, and Derick Pickard (collectively "Officers") Title 40 O.S.2001 and Supp. 2005, § 165.1 et seq. wage claim. Officers also appeal, asserting the trial court applied the incorrect statute of limitation. Based upon our review of the facts and appli... More...   $0 (10-22-2010 - OK)

Martha Graham v. Clinton Caples

On November 4, 2006, the vehicle owned and driven by the plaintiff, Martha Graham, was allegedly rear-ended by a vehicle driven by Clinton Caples and owned by Linda Caples. On November 2, 2007, the plaintiff filed a civil warrant with the general sessions court in Shelby County, seeking recovery for property damages and personal injuries against defendants Clinton Caples and Martha Graham arising ... More...   $0 (10-20-2010 - TN)

Antonio Vargas and Vista Hills Health Care Center, L.P. v. Maria Lourdes Chavez

Appellants’ Antonio Vargas and Vista Hills Health Care Center appeal the trial court’s denial of their motion to dismiss for failure to file a medical expert report. Because we conclude the case was rendered moot by Appellee’s motion for non-suit, we will reverse the trial court’s order and dismiss the case.

Appellee, Jessica Chavez, filed the underlying lawsuit on Jan... More...
   $0 (10-20-2010 - TX)

John Doe v. Tanya Wilcher

John Doe and Martha Roe filed this action pursuant to 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), on behalf of their minor daughter, Jane Doe. For several months during the 2006- 2007 school year, Jane Doe was involved in a sexual relationship with Chad Smith, her basketball coach at Delight High School. The plaintiffs claim that ... More...   $0 (10-19-2010 - AR)

Akbar Baharian-Mehr v. E. Glenn Smith

This is a dispute between partners in an adult entertainment business. After finding accounting irregularities, plaintiff Akbar Baharian-Mehr sued the corporation which operated the business and his partners Glenn Smith (Smith), Leroy Smith (Leroy) and Theron Smith (Theron).1 Smith then filed a special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute.2 (Subsequ... More...   $0 (10-15-2010 - CA)

Charles Been v. O.K. Industries, Inc.

Plaintiffs-Appellees (“Growers”) filed this action alleging that Defendants- Appellants O.K. Industries, Inc., O.K. Farms, Inc., O.K. Foods, Inc., and O.K. Broiler Farms Limited Partnership (collectively “OK”) violated § 202(a) of the Packers and Stockyards Act (PSA), 7 U.S.C. § 192(a). After a jury trial, the Growers prevailed on their claim and were awarded $21,141,975, which the distr... More...   $0 (10-13-2010 - OK)

CHCA West Houston, L.P. d/b/a West Houston Medical Center v. Nicole Priester

In this interlocutory appeal of an order denying a motion to dismiss, the appellant health care provider contends that the trial court was required to dismiss the claims against it because the claimant failed to serve the provider with expert reports within 120 days after filing an original petition against a different defendant in separate suit. We affirm.

I. Factual and Procedural Bac... More...
   $0 (10-07-2010 - tx)

Rio Bravo Subdivision Property Owners Association v. City of Brownsville

In this appeal, appellants, Rio Bravo Subdivision Property Owners Association, on behalf of 203 qualified voters in the Rio Bravo Subdivision, and the said 203 qualified voters (1) (collectively referred to as "Rio Bravo"), complain about a summary judgment granted in favor of appellee, the City of Brownsville (the "City"), which denied Rio Bravo relief pertaining to its petition for disannexatio... More...   $0 (10-07-2010 - TX)

James D. Clark v. Mark B. Archer

¶1 This case involves a previous, unsuccessful petition for interlocutory appeal of a judgment certified as final under rule 54(b) of the Utah Rules of Civil Procedure. The interlocutory petition was denied by the court of appeals in 2008, and many months later, the Appellant (Mr. Archer) attempted to appeal the same issues (this time as an appeal as of right) at the conclusion of the trial in th... More...   $0 (10-05-2010 - UT)

Leesboro Corporation v. Claude Hendickson

In this interlocutory appeal, appellant Leesboro Corporation challenges the trial court's grant of appellee Claude Hendrickson's special appearance. Leesboro sued Dixie Demolition, Hendrickson, who is the owner and manager of Dixie Demolition, and several other defendants on various claims related to a salvage operation at a power plant in Rockdale, Texas. Leesboro brought tort claims against Hen... More...   $0 (10-01-2010 - tX)

Daniel Castellanos-Contreras v. Decatur Hotels, L.L.C.

A group of hotel workers present in this country under H-2B visas (“the 2 Workers”) sued Decatur Hotels and Patrick Quinn (collectively “Decatur”) alleging violations of the Fair Labor Standards Act (“FLSA”). Decatur moved to dismiss and for summary judgment, and the Workers moved for partial summary judgment. In a single order, the district court granted the Workers’ motion in part ... More...   $0 (10-01-2010 - LA)

Mark M. Mettauer, M.D. v. Helen Noble

In this interlocutory appeal,[1] appellant, Mark M. Mettauer, M.D., challenges the trial court’s order denying his motion to dismiss the health care liability claim[2] of appellees, Helen Noble, individually and as independent executrix of the estate of Anthony M. Noble, deceased, Alexandria Noble Barcak, Sasha Noble, Danielle Heller, and Vanessa Noble (collectively, the “Nobles”). In two i... More...   $0 (09-30-2010 - TX)

Mike Peay v. Joann Murphy

Defendants, a group of law enforcement entities and officers from Utah County, Utah, have filed this interlocutory appeal seeking to challenge the district court’s denial of summary judgment as to plaintiffs’ claim that defendants violated their Fourth Amendment rights during the execution of a search warrant at plaintiffs’ residence. Plaintiffs have moved to dismiss the appeal for lack of i... More...   $0 (09-28-2010 - UT)

Michael Bateman v. American Multi-Cinema, Inc.

In this Fair and Accurate Credit Transactions Act (“FACTA”) case, Plaintiff-Appellant Michael Bateman appeals the district court’s denial of class certification. Bateman sued American Multi-Cinema, Inc., (“AMC”) on behalf of a class of similarly situated individuals, alleging that AMC violated FACTA by printing more than the last five digits of consumers’ credit or debit card numbers o... More...   $0 (09-27-2010 - CA)

Dalton Jaques v. Midway Auto Plaza, Inc.

¶1 This action was commenced by eleven purchasers of vehicles (Purchasers) from two car dealerships: Midway Auto Plaza and Mike Riddle Mitsubishi (Car Dealers). We granted interlocutory appeal to decide two issues. The first issue is whether section 31A-15-105(2) of the Utah Code provides a private right of action to purchasers of an insurance policy from an unauthorized insurer. This issue arose... More...   $0 (09-24-2010 - UT)

Kirk A. Kennedy v. Gulf Coast Cancer & Diagnostic Center at Southeast, Inc.

This interlocutory appeal from a temporary injunction concerns whether Kirk Kennedy, a former in-house counsel and corporate secretary for Gulf Coast Cancer & Diagnostic Center at Southeast, Inc. (Gulf Coast), is entitled to retain, for his own use, a copy of a legal opinion memorandum concerning Gulf Coast’s potential liability for its former executive’s alleged misconduct. Kennedy solicited... More...   $0 (09-23-2010 - TX)

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