Joann Abshure, a woman in her mid-sixties with a family history of colon and pancreatic cancer, complained of bloating and changes in her bowel patterns to Dr. Whitney T. Slade, her primary care physician. Dr. Slade advised her to have a colonoscopy. Dr. Jeremiah Upshaw performed the colonoscopy as an outpatient procedure on May 2, 2001 at the GI Diagnostic and Therapeutic Center in Memphis. Dr. U

Phoenix International Software created software that it called Condor and registered the CONDOR mark with the Patent and Trademark Office (PTO) for “computer software for on-line programming development, library management and system utilities functioning on mainframe systems.” Phoenix used this mark since June 1978 and registered it in January 1997.

The delay in registration was due to

{¶ 1} In this appeal, we reconcile R.C. 2744.02(C) with 2744.09(E) and determine whether the denial of a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order.

{¶ 2} R.C. Chapter 2744 governs political-subdivision immunity. Pursuant to R.C. 2744.

Appellant, the Creekstone Community Association (“Creekstone”), appeals the trial court’s interlocutory order granting the Houston Housing Authority’s (“the Authority”) plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8). In its sole issue, Creekstone contends the trial court erred in granting the Authority’s plea to the jurisdiction.

We affir

Appellant, Wight Realty Interests, Ltd., challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Friendswood, in Wight Realty’s suit against the City for breach of contract. In two issues, Wight Realty contends that the Texas Legislature waived the City’s immunity from suit under section 271.152 of the Texas Local Government Code,[1] the City waived

Justin Briggs, an employee of a subcontractor on a construction site, appeals from the trial court’s dismissal of his suit against the premises owner, general contractor, and other subcontractors (Toyota Motor Manufacturing of Texas, Toyota Tsusho America, Inc., Automatic Fire Protection, Walbridge Aldinger Company, Bartlett Cocke Operations, Inc., and Walbridge/Bartlett Cocke). We reverse the

Roel and Thelma Gonzalez (“the Gonzalezes”) sued Roma Independent School District (“RISD”) to recover for the injuries they sustained during an automobile collision allegedly caused by a RISD school bus. The trial court denied RISD’s plea to the jurisdiction and this appeal followed. RISD challenges the denial of its plea to the jurisdiction on the ground that the Gonzalezes failed to

In this medical malpractice suit, the trial court denied a plea to the jurisdiction filed by Texas Tech University Health Science Center. We reverse and render a judgment of dismissal.

For purposes of the plea to the jurisdiction, the facts do not appear to be disputed. Stefanee Buford[1] entered Medical Center Hospital on April 2, 2006. Ector County Hospital District does business a

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician’s affidavit. We reverse and remand.



Background

Sel

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi–Memorial, and CHRISTUS Health (collectively “CHRISTUS”) appeal the district court’s denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez’s state law claims based on government immunity. The primary issue on appeal is whether Rodrigu

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine

The plaintiff, Selena Brooks, commenced this action against the defendants, Daniel Sweeney, an environmental sanitarian for the health district of the towns of Bloomfield and West Hartford (health district),

1 Stephen Huleatt, Sweeney’s supervisor and director of the health district, and the towns of Bloomfield and West Hartford, after she was arrested, pursuant to General Statutes § 19a

When Robert Norse gave the Santa Cruz City Council a silent Nazi salute, he was ejected and arrested. He sued city officials for violating his rights under the First Amendment. On the eve of trial, the district court sua sponte granted judgment against him, holding that the city officials were entitled to qualified immunity. Because the district court failed to provide Norse adequate notice and op

Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim Breneman. Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied

During contentious litigation in Minnesota state court, a judge entered an order authorizing the Buffalo–Red River Watershed District (BRRWD) to “clean out” or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of A. R. Minch’s fields. The Minch Family LLLP, Lois A. Minch and trustee Roger J. Minch2 (collectively, Minch) later sued BRRWD, Roger

LaVerna Sells appeals from a default judgment entered in favor of Earl Drott in his suit for specific performance of a contract. Sells raises three issues contending that the trial court erred in striking her pleadings, quashing the notice of deposition of her physician, and refusing to consider the physician’s affidavit. We reverse and remand.



Background

Sel

Pro se appellant Terrence Stewart filed suit against appellee Texas Health and Human Services Commission (“HHSC”), alleging that HHSC was “coercing labor without pay . . . by denial of food-stamps” and asking the court to require HHSC to “provide real job training,” return nine months of food stamps, and void a denial of food-stamp benefits that occurred when HHSC “failed to provide

Appellant Austin Brice appeals from the trial court's orders granting summary judgment in favor of appellees Stephen Hanna and The Other Place, LLC ("TOP") in Brice's suit for false imprisonment and malicious prosecution in connection with his arrest for public intoxication. We reverse the orders granting summary judgment and remand for further proceedings.


BACKGROUND

On the

In this tort action alleging excessive use of force by a police officer, defendant Cory Smith appeals as of right from the trial court’s order denying his motion for summary disposition based on governmental immunity. This is the second time that this case is before this Court.

This Court previously affirmed the trial court’s order denying a previous motion for summary disposition made

Education Code section 51210 states: “The adopted course of study for grades 1 to 6, inclusive, shall include instruction . . . in the following areas of study: [¶] . . . [¶] (g) Physical education, with emphasis upon the physical activities for the pupils that may be conducive to health and vigor of body and mind, for a total period of time of not less than 200 minutes each 10 schooldays, exc

Civil Code section 1714, subdivision (c)1 provides broad immunity from civil liability for a social host who “furnishes alcoholic beverages to any person.” Under Business and Professions Code section 25602.1, the social host loses that immunity if he or she “sells, or causes to be sold, any alcoholic beverage, to any obviously intoxicated minor.”2 In this case of first impression, we hold

Yvette Lujano, through her guardian ad litem, Maria del Carmen Lujano, appeals an order granting summary judgment to the County of Santa Barbara (County) and two Santa Barbara County Sheriff's Department deputies on her complaint for false arrest and use of excessive force. We affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

On June 2, 2006, respondents Bryan Munana and Mark Ward, a

Bruce E. Eklund (Eklund) brought this suit under 42 U.S.C. § 1983 against the City of Seattle Municipal Court (the Municipal Court), the chief judge of the court, Fred Bonner (Bonner), and others. Eklund alleged wrongful termination of his employment by the Municipal Court and denial of due process of law in his termination. A jury returned a verdict for the defendants on the wrongful termination

Plaintiffs Michael Shames and Gary Gramkow (“Plaintiffs”) appeal the dismissal of their claims against the California Travel and Tourism Commission (“CTTC”) alleging the CTTC engaged in antitrust price-fixing in violation of the Sherman Act § 1, 15 U.S.C. § 1, and improper meeting practices in violation of California’s Bagley-Keene Open Meeting Act, Cal. Gov’t Code §§ 11120-11132.

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