Immunity Law
 
Betty and Elmo Dorbandt v. Cameron County

Appellants Betty and Elmo Dorbandt, Bryan Richey, Larry Irwin, Mariano Lao, Jimmie M. Najvar, and Lila J. Lanehart appeal the trial court’s order granting Cameron County’s plea to the jurisdiction.1 By two issues, they argue: (1) the trial court erred by granting the County’s plea to the jurisdiction because the record shows their negligence claim against the County arose from the County’s

More...   $0 (04-19-2012 - TX)

Harriet Otto v. Eau Claire County

¶1 PER CURIAM. Harriet and Donald Otto appeal a judgment dismissing their negligence claim against Eau Claire County on the basis of governmental immunity. Harriet Otto asserts the County had a ministerial duty to place some type of barricade to prevent her from falling several inches off a platform in an exhibit hall at the Eau Claire County Expo Center. She also contends the step dow

More...   $0 (04-10-2012 - WI)

Timothy D. Rouse v. Michael B. Stacy

Plaintiff-Appellee Timothy D. Rouse filed a pro se complaint pursuant to 42 U.S.C. § 1983 against Defendants Fulton County Police Chief Terry Powlde,1 Fulton County police officer Benney Dunccan, Commonwealth Attorney Michael B. Stacy, Assistant County Attorney Richard L. Majors, and Fulton County jailer Ricky Parnell.2 Rouse alleged in his complaint that while he was in jail awaiting trial prose

More...   $0 (04-17-2012 - KY)

Sabine County Hospital District v. Stanton Packard, M.D.

Sabine County Hospital District (SCHD) appeals the trial court’s denial of its plea to the jurisdiction regarding a claim by Stanton Packard, M.D., that SCHD breached a consulting agreement between the parties. In one issue, SCHD contends that the trial court erred in denying its plea. We reverse and render.

BACKGROUND

SCHD and Packard entered into an emergency room agreement w

More...   $0 (04-12-2012 - TX)

Drew Congleton v. Darcie Shoemaker

In a final divorce decree dissolving the marriage of Drew Congleton and Darcie Shoemaker, Congelton was ordered to assume certain financial obligations. The trial court later entered agreed orders, which granted judgment in favor of Shoemaker for amounts owed by Congleton. In November 2009, the trial court signed a turnover order and appointed a receiver. In August 2011, the trial court signed a s

More...   $0 (04-12-2012 - TX)

City of Houston v. Greta McMahon

The City of Houston (“the City”) appeals the trial court’s interlocutory order denying its plea to the jurisdiction.[1] In its sole issue, the City contends that the trial court erred in denying its plea because it has immunity pursuant to subsection (b) of the election-of-remedies provision of the Texas Tort Claims Act.[2]

In accordance with this Court’s opinion in City

More...   $0 (04-12-2012 - TX)

Estate of Stephen Bradley v. Kent County Sheriff's Department

In this contempt action, petitioner Nancy Mick, in her capacity as personal representative for the Estate of Stephen Bradley, appeals by leave granted the circuit court order reversing a probate court order denying respondent Kent County Sheriff’s Department’s (KCSD) motion for summary disposition of Mick’s claim for compensatory damages for the death of her brother, Stephen Bradley. The onl

More...   $0 (03-22-2012 - MI)

Michael Moss v. United States Secret Service

During the 2004 presidential campaign, Plaintiff-Appellees, Michael Moss and others who opposed President Bush (“protestors” or “anti-Bush protestors”), organized a demonstration at a campaign stop in Jacksonville, Oregon. They contend that Secret Service agents, Defendant-Appellants Tim Wood and Rob Savage (“agents” or “Secret Service agents”), engaged in unconstitutional viewpoin

More...   $0 (04-09-2012 - OR)

16 Jade Street, LLC v. R. Design Co., LLC

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member

More...   $0 (04-04-2012 - SD)

Fort Bend Independent School District v. Alice Gayle

Fort Bend Independent School District (the “school”) appeals from the trial court’s denial of its plea to the jurisdiction, which challenges Alice Gayle’s whistleblower suit against the school. In three issues, the school contends that the trial court erred in denying its plea to the jurisdiction because Gayle failed to “initiate” the school’s grievance procedures—a jurisdictional

More...   $0 (04-05-2012 - TX)

The City of Hourston v. Atser, L.P.

This is a case stemming from an alleged breach of a contract between appellant, the City of Houston (the “City”), and appellee, Atser, L.P. (“Atser”). The City appeals from an interlocutory order denying its no-evidence and traditional motion for partial summary judgment against Atser in which, according to the City, it asserted challenges to the trial court’s jurisdiction. In two issu

More...   $0 (04-05-2012 - TX)

Nicole Leake v. Dondi Johnson, Jr.

This appeal involves litigation arising from the death of Dondi Johnson, Sr., after he was arrested for public urination. Appellees, and cross-appellants, Mr. Johnson’s estate and his two sons,1 filed a wrongful death and survivorship action in the Circuit Court for Baltimore City against appellants, Officers Sendy Ferdinand, Michael Riser, and Nicole Leake. A jury found in favor of appellees, a

More...   $0 (04-05-2012 - MD)

Paul R. Himmelstein v. Town of Windsor

The sole issue in this certified appeal is whether General Statutes § 52-557n,1 in providing that General Statutes § 13a-1492 affords the exclusive remedy against a municipality for injuries caused by a defect in a road or bridge, precludes a concurrent nuisance claim against a town when the trial court ultimately determines, on summary judgment, that the plaintiff has failed to establish a high

More...   $0 (04-04-2012 - CT)

Daniel Gross v. M. Jodi Rell

This case comes before us upon our acceptance of certified questions of law from the United States Court of Appeals for the Second Circuit pursuant to General Statutes § 51-199b (d).1 The certified questions are: (1) Under Connecticut law, does absolute quasi-judicial immunity extend to conservators appointed by the Connecticut Probate Court?; (2) Under Connecticut law, does absolute quasi-judici

More...   $0 (04-04-2012 - CT)

Laenise Arnett v. Michael J. Astrue

Laenise Arnett suffers from a number of medical problems, including peripheral vascular disease, chronic obstructive pulmonary disease, osteoarthritis, obesity, vascular dementia, depression, panic disorder, and anxiety. As a result, she sought Disability Insurance Benefits (“DIB”) from the Social Security Administration (“SSA”), but she was unsuccessful before the agency. After the Appeal

More...   $0 (04-02-2012 - IN)

Bernard Jones v. Rick McNeese

In this interlocutory appeal, Dr. Rick McNeese appeals the district court's denial of his motion for summary judgment on the basis of qualified immunity. We remand the case to the district court for a more complete articulation of its analysis of Dr. McNeese's motion for summary judgment based on qualified immunity.

I. BACKGROUND

The Nebraska Department of Correctional Services (the

More...   $0 (03-29-2012 - NE)

Anthony Matthews v. City of East St. Louis

Anthony Matthews and Robert Gillespie appeal the district court’s grant of a motion for summary judgment in favor of the defendants in this case. For the following reasons, we affirm the district court’s grant of summary judgment to the defendants.

I. BACKGROUND

The following facts are taken according to Matthews and Gillespie. On February 21, 2009, Appellants Matthews and Gilles

More...   $0 (03-27-2012 - IL)

Dolores Stehlik v. Village of Orland Park

¶ 1 Plaintiffs Dolores Stehlik and Jerry Stehlik filed a
personal injury lawsuit against defendants Gerald Kelly and the
Village of Orland Park, seeking damages for injuries the
plaintiffs sustained when their automobile was struck by an
Orland Park police squad car driven by police officer Kelly.
Following the presentation of plaintiffs’ case-in-chief at trial,
defendan

More...   $0 (02-17-2012 - IL)

Ocean Reef Club, Inc. v. Cherrye Wilczewski

Ocean Reef Club, Inc. (“Ocean Reef”), appeals non-final orders in favor of Cherrye Wilczewski (“Wilczewski”) and Laura Leon (“Leon”) denying Ocean Reef’s motion for summary judgment alleging the affirmative defense of workers’ compensation tort immunity. We have jurisdiction. See Fla. R. App. P. 9.130(a)(3)(C)(v). We affirm the orders denying summary judgment finding that, based on

More...   $0 (03-21-2012 - FL)

Mitchell I. Kotroser v. Robert Hurt

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Hurt v. Kitroser, 50 So. 3d 62 (Fla. 4th DCA 2010). The district court ruled upon the following question, which it certified to be of great public importance:

WHERE AN INDIVIDUAL, NON-RESIDENT DEFENDANT COMMITS NEGLIGENT ACTS IN FLORIDA ON BEHALF OF HIS CORPORATE EMPLOYER, DOES THE CORPORATE S

More...   $0 (03-22-2012 - FL)

Texas Tech University Health Sciences Center v. Margarita Hernandez Villagran

Appellant, Texas Tech University Health Sciences Center, brings this interlocutory appeal to challenge the trial court's denial of its claim of sovereign immunity filed pursuant to election of remedies provisions of the Texas Tort Claims Act.1

Finding that a governmental unit cannot use subsections 101.106(b), 101.106(e) and 101.106(f) seriatim to dismiss claims against both the governmenta

More...   $0 (03-22-2012 - TX)

Estate of Nicholas D. Rice v. Correctional Medical Services

Nicholas D. Rice died in the Elkhart County Jail in December 2004, nearly fifteen months after he was booked at the jail pending trial on a charge of attempted bank robbery. Rice was known to suffer from schizophrenia, and shortly before his death a judge had found him incompetent to stand trial. Although he was seen by mental health professionals while he was being detained, Rice frequently refus

More...   $0 (03-20-2012 - IN)

Kimberly Benson v. JPMorgan Chase Bank, N.A.

Plaintiffs, a group of investors defrauded by the “Millennium Ponzi scheme,” seek recourse against JPMorgan Chase Bank N.A. (“JPMorgan”). They allege that Washington Mutual, Inc. (“WaMu”) aided and abetted the Ponzi scheme by providing banking services to several companies controlled by the scheme’s principals despite actual knowledge of the fraud. JPMorgan, they argue, is liable as

More...   $0 (03-20-2012 - OK)

Flynn Hanners v. Larry Trent

Flynn Hanners, a former Master Sergeant with the Illinois State Police (“ISP”), brought this action in the district court, alleging that fellow ISP employees Larry Trent, Harold Nelson, Lance Adams, Richard Woods and Leonard Stallworth discriminated against him because of his race, in violation of 42 U.S.C. §§ 1981 and 1983. The district court granted summary judgment for the defendants, and

More...   $0 (03-19-2012 - IL)

Jane Doe v. Kaye E. Braddy

This substantive-due-process case involves the federal rights of a child injured while not in state custody and the applicability of qualified immunity to the acts of state social workers that allegedly led, in fact, to the child’s injury. Defendants, all state social workers, placed a teenaged minor in an adoptive home. The teenager later sexually assaulted the young grandchild of the adoptive

More...   $0 (03-16-2012 - CA)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher