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Tortious Interference Law
 
Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

John C. McConnell, M.D. v. Coventry Health Care National Network and First Health Group Corp. and Liberty Mutual Insurance Company

John C. McConnell, M.D., appeals the trial court’s final summary judgment rejecting his causes of action against Coventry Health Care National Network, First Health Group Corp., and Liberty Mutual Insurance Company. In general, McConnell alleged he was wrongfully terminated as a workers’ compensation network provider by Coventry,1 Coventry tortiously interfered with McConnell’s business relationsh... More...   $0 (07-30-2015 - TX)

Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio... More...
   $0 (07-30-2015 - OK)

United States of America v. Tracey Richard Moore

Oklahoma City, OK - Tenth Circuit affirms denial of defendant's motion to suppress

Defendant Tracey Richard Moore appeals the district court’s denial of his motion
to suppress evidence obtained during a search of his vehicle following a traffic stop.
After Moore was pulled over for speeding and issued a warning, an Oklahoma Highway
Patrol trooper continued to detain Moore in o... More...
   $0 (07-30-2015 - OK)

Miroslaw Gortat v. Capala Brothers, Inc.

Brooklyn, NY - Second Circuit holds that expert witness fees may not be awarded in FSLA cases

23 After nearly seven years of litigation between Miroslaw Gortat, Henryk
24 Bienkowski, Miroslaw Filipkowski, Artur Lapinski, and Jan Swaltek, acting on
25 behalf of themselves and others similarly situated (collectively, “Plaintiffs”), and
26 Capala Brothers, Inc., Pawel Capala, and... More...
   $0 (07-30-2015 - )

In the Interest of K.D., a Minor Child

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

Michael A. Katz v. Cellco Partnership d/b/a Verizon Wireless

New York, NY - Second Circuit force Verizon class action members to arbitration under FAA

In an effort to more efficiently manage their dockets, some district courts
in this Circuit will dismiss an action after having compelled arbitration pursuant
to a binding arbitration agreement between the parties. That is what happened
here. After the District Court (Briccetti, J.) found... More...
   $0 (07-28-2015 - NY)

Susan H. Chadd v. United States of America

Seattle, WA - Ninth Circuit reverses grant of Tort Claim summary judgment on wrongful death claim

We must decide whether the United States may be sued
under the Federal Tort Claims Act for the actions of the
National Park Service relating to a mountain goat that
attacked and killed a Park visitor.
I
A
Established in 1938, Olympic National Park (“Olympic”
or the... More...
   $0 (07-27-2015 - WA)

Chinatown Neighborhood Association v. Kamala Harris

San Francisco, CA - California’s “Shark Fin Law” makes it “unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin” in the state. Cal. Fish & Game Code § 2021(b). The plaintiffs in this action claim that the Shark Fin Law violates the Supremacy Clause by interfering with the national government’s authority to manage fishing in the ocean off the California coast, ... More...   $0 (07-26-2015 - CA)

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

We are asked to decide whether ecclesiastical immunity can shield a church
from contractual liability when the subject contract does not implicate church
doctrine. In seven issues, appellant Jessica Shannon challenges the trial court’s
grant of appellee Memorial Drive Presbyterian Church’s plea to the jurisdiction
and motions for summary judgment. Concluding that the Church is not ... More...
   $0 (07-26-2015 - TX)

Rory Dolan v. William J. Connolly

27 Appeal from the United States District Court for the Southern District of
28 New York (George B. Daniels, J.) dismissing Plaintiff‐Appellant Rory Dolan’s
29 complaint for failure to state a claim. Dolan alleged that defendants retaliated
30 against him for his actions as a member of the prison Inmate Liaison Committee
31 (“ILC”), in violation of 42 U.S.C. §§ 1983 and 1985(... More...
   $0 (07-23-2015 - NY)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
2
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

Dolan v. Connolly, et al

We draw the following facts, which we assume “to be true for purposes of 13  
our de novo review of the district court’s grant of defendants’ motion to dismiss,” 14  
from the plaintiff’s complaint. See Ricci v. Teamsters Union Local 456, 781 F.3d 25, 15  
26 (2d Cir. 2015). 16  
Dolan served as an ILC representative at Fishkill for two terms. On the ILC 17  
Dolan advocated “f... More...
   $0 (07-23-2015 - )

Tamco Pork II v. Heatland Co-Op and PRo Build, LLC

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco More...
   $0 (07-22-2015 - IA)

Mirum Navarrete v. Hayley Meyer

On November 26, 2009, Meyer was the front passenger in a vehicle driven by her
friend Brandon Coleman. Another person, Levi Calhoun, was in the back seat. While
driving to a nearby drugstore, Meyer told Coleman to turn onto Skyview Drive as a
shortcut. Skyview Drive is a residential street with a 25 mile-per-hour speed limit.
Meyer had been on Skyview Drive many times befor... More...
   $0 (07-22-2015 - CA)

Bertha Mae Huff v. Carol Shaw

This case requires us to consider whether a person who listens to
and subsequently electronically records a conversation from an inadvertent “pocket-dial” call1
violates Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. § 2510 et
seq. (Title III). James Huff inadvertently placed a pocket-dial call to Carol Spaw while he was
on a business trip in Italy. S... More...
   $0 (07-21-2015 - KY)

Yigal Bosch v. Frost National Bank

This is the second appeal arising from a dispute between Frost Bank and Yigal Bosch regarding several defaulted business loans. We dismissed Bosch’s first appeal because there was no final judgment in the case at that time. Bosch v. Frost Nat’l Bank, No. 01-13-00190-CV, 2013 WL 1932138 (Tex. App.—Houston
2
[1st Dist.] May 9, 2013, no pet.) (mem. op.). The trial court has since issued a fin... More...
   $0 (07-21-2015 - TX)

Bertha Mae Huff v. Carol Spaw

James Huff was Chairman of the Kenton County, Kentucky, Airport Board (Airport Board), which oversees the Cincinnati/Northern Kentucky International Airport (CVG). In October 2013, he traveled to Bologna, Italy with his wife, Bertha Huff, and with Airport Board Vice Chairman Larry Savage to attend a business conference. Carol Spaw worked at CVG as Senior Executive Assistant to the airport’s CEO,... More...   $0 (07-21-2015 - KY)

RAYMOND ORRAND v. SCASSA ASPHALT, INC.,

Scassa Asphalt is an Ohio company engaged in performing asphalt work primarily for small municipalities. Nicholas “Nick” Scassa, the company’s President, and his brother, Ettore Scassa, handled most of the work with the help of a few laborers.
Scassa Asphalt alleges that, in February 2009, it experienced work interference from the local laborers’ union. Mike Kramer, who served as the local... More...
   $0 (07-21-2015 - )

United States of America v. John Henry Snyder, II

John Snyder was stopped for a traffic offense and, upon approaching the
vehicle, the investigating officer smelled the odor of burnt marijuana. Officers
then searched his car and discovered a firearm under the driver’s seat, which
Snyder admitted was his. Snyder was convicted for unlawful possession of the
firearm and because of a number of previous felony convictions, received aMore...
   $0 (07-21-2015 - OK)

United States of America v. Brian James Lindsey

COEUR D'ALENE, ID - Brian James Lindsey, 25, of Spokane Valley, Washington, pleaded guilty on July 20, 2015, to 13 counts of interference with commerce by robbery, U.S. Attorney Wendy J. Olson announced. Lindsey was indicted by federal grand juries in four states between January and April of 2015.

According to the plea agreement, Lindsey admitted that in October of 2014, he began a robbe... More...
   $0 (07-20-2015 - ID)

State v. Evan Reece

Officers responded to defendant’s home to investigate a
dropped 9-1-1 call. When the officers announced their intention
to enter defendant’s home without a warrant, defendant attempted
to block their entry and a struggle ensued. After being
subdued, defendant was arrested and charged with two counts of
simple assault, N.J.S.A. 2C:12-1(a)(1); one count of resisting
... More...
   $0 (07-20-2015 - NJ)

United States of America v. John Watson, Jr.

Following his arrest for firing a handgun at a Coast Guard helicopter, appellant John Watson, Jr. (“Watson”), who suffers from Delusional Disorder, Persecutory Type, was found incompetent to stand trial and committed to the custody of the Attorney General for mental health treatment and evaluation. After Watson refused to take antipsychotic medication in order to render himself competent, the dis... More...   $0 (07-18-2015 - )

FRANCIS BRAUNER v. SHIRLEY COODY

Plaintiff Francis Brauner is a paraplegic incarcerated at the Louisiana State Penitentiary in Angola. Brauner resides in the R. E. Barrow Treatment Center, which is staffed at all times by doctors, nurses, and medical orderlies. A physician medical director oversees treatment and an assistant warden oversees the facility. Brauner’s immobility has led to the development of decubitus ulcers, more... More...   $0 (07-18-2015 - )

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this “low tar” tobacco case centers on a
jury’s award of punitive damages to plaintiff against defendant
Phillip Morris USA, Inc. (Philip Morris). Following a
trial in 2002, the jury awarded plaintiff $168,514 in compensatory
damages and $150 million in punitive damages.1
However, concluding that the trial court had not properly
instructed the jury on the issue... More...
   $0 (07-18-2015 - OR)

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