Appellant Keith Clayton Brooks, Jr., appeals the district court’s grant of summary judgment in favor of Appellees Steve Gaenzle and Paul Smith – deputies with the El Paso County, Colorado Sheriff’s Department – in his civil rights actions against them pursuant to 42 U.S.C. § 1983 and his state tort action pursuant to Colorado Revised Statute § 13-80-119.1 The crux of Mr. Brooks’s appea

Petitioner brought wrongful death and survival actions against CSX Transportation, Inc. (CSX) and the South Carolina Department of Transportation (SCDOT) stemming from a collision between an automobile and a freight train. Petitioner settled the claims against CSX, and the trial court granted summary judgment in favor of SCDOT. The court of appeals affirmed, and we granted Petitioner's request f

Plaintiffs Qualified Patients Association (QPA) and Lance Mowdy appeal from a judgment of dismissal entered after the trial court sustained, without leave to amend, the City of Anaheim‟s demurrer to plaintiffs‟ complaint. Asserting the primacy of state law over local law under constitutional and statutory authority (Cal. Const., art. XI, § 7; Gov. Code, § 37100), plaintiffs‟ first cause of

This case requires us to determine whether the Feres doctrine, which generally bars judicial review of military decision-making, precludes us from hearing a Title VII suit brought by a “dual-status” National Guard technician, whose position was both military and civilian in nature. While Colonel Nancy Wetherill was initially granted a waiver of mandatory retirement from her military position,

Youa Vang Lee (Lee), as trustee for the heirs and next-of-kin of Fong Lee, filed suit against Minneapolis Police Officer Jason Andersen and the City of Minneapolis, among others, alleging a federal cause of action pursuant to 42 U.S.C. § 1983 as well as state law tort claims arising from the death of Lee’s son Fong Lee on July 22, 2006. Following a six-day trial, the jury returned a verdict fin

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

This is a review of a published decision of the court of appeals[1] that affirmed in part and reversed in part an order of the Milwaukee County Circuit Court, Judge Timothy G. Dugan presiding, which granted summary judgment to FMC Corporation (FMC) on the negligence and strict liability claims brought by Vicki Tatera and the Estate of Walter Tatera, her late husband (collectively Tatera). Tatera

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] As part of the 2007-2009 state budget, 2007 Wis. Act 20 (the Act), the legislature transferred $200 million from the Injured Patients and Families Compensation Fund (the Fund) to the Medical Assistance Trust Fund (MATF). 2007 Wis. Act 20, § 9225. To implement the Act,

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

Plaintiff Thomas Carl Dodds, Jr. brought this 42 U.S.C. § 1983 suit, alleging Defendant former Logan County, Oklahoma Sheriff Randy Richardson violated his Fourteenth Amendment due process rights by depriving him of his protected liberty interest in posting bail. The district court denied Defendant’s claim to qualified immunity in the context of summary judgment, and Defendant appealed. Exercis

Plaintiff Engineering & Manufacturing Services, L.L.C. (EMS), appeals the denial of its motion for partial summary judgment and the grant of summary judgment to defendants in this 42 U.S.C. § 1983 action arising from a wall-to-wall administrative search of EMS’s plant. The issue is whether defendants’ search warrant was supported by administrative probable cause. We conclude that it was not,

Defendants-Appellants Dwayne Wenninger (“Wenninger”) and Albert J. Rodenberg, Jr., (“Rodenberg”) (collectively “Defendants”) appeal the district court’s denial of their motions for summary judgment. They argue that they are entitled to immunity from Plaintiffs-Appellees’ federal and state law claims against them as a matter of law. Plaintiffs- Appellees Jeanette Spangler (“Spangl

This case arises from the attempt by the people of North Carolina and their elected representatives to end racial and gender-based discrimination in state highway construction subcontracting. The State’s statutory scheme—the product of extensive study and refinement in response to developments in federal law—requires prime contractors to engage in good faith efforts to satisfy participation

Gina Purvis was a high-school teacher, who was suspected of having a sexual relationship with her then-15-year-old biology student, “M.R.”. The school conducted an investigation in which Gary Vicini, the dean of students, played a leading role. This created a potential conflict of interest, since Vicini had himself been accused by Purvis of sexually harassing a student a year previously. After

Political patronage lies at the heart of this case—this time, favoritism based on political party affiliation in the Highway Sign Shop of the Illinois Department of Transportation (“IDOT”). William H. Moss worked as the Chief of that shop from 2000 until April 2004, when he was fired to make room for an employee chosen by the administration of then-Governor Rod Blagojevich. Moss sued a numbe

At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M

This appeal requires us to decide a question left unresolved in our prior opinion in this case, Massachi v. AHL Services, Inc., 396 N.J. Super. 486, 508 (App. Div. 2007), certif. denied, 195 N.J. 419 (2008). In particular, we now decide whether N.J.S.A. 52:17C-10, commonly known as the 9-1-1 immunity statute, provides immunity to employees of defendant City of Newark's (City) 9-1-1 emergen

Paris Wilson is the sole survivor of a tragic mass slaying. He was left for dead with life-threatening wounds as his mother and siblings lay dying nearby in their home. After enduring multiple stab wounds allegedly inflicted by his uncle, Paris was finally able——more than thirty hours after the attack——to telephone a Jersey City 9-1-1 operator for help. Rescue arrived almost immediate

Plaintiff Gloria Hubner was injured when she fell off a horse during a visit to defendant Spring Valley Equestrian Center in Newton. Defendant argues that even after giving plaintiff the benefit of all favorable factual inferences, her claim is barred by the Equine Activities Liability Act, N.J.S.A. 5:15-1 to -12 (Equine Act), or, alternatively, by the terms of a release she signed before

While working as a cashier at a convenience store, nineteen-year-old Sara R. Reedy was sexually assaulted and robbed at gunpoint by a serial sex offender. She reported the crime to the police within minutes, subjected herself to a rape kit examination, and gave detailed and consistent statements to law enforcement officers and hospital staff. However, Detective Frank Evanson of the Cranberry Towns

The plaintiff, C & H Associates Limited Partnership, appeals from the judgment of the trial court granting the motion to set aside the verdict filed by the defendants, the town of Stratford, Lisa Biagiarelli, the town tax assessor, and David L. Valente, the town tax collector, and directing a verdict in their favor on all counts of the plaintiff’s complaint. On appeal, the plaintiff claims that

The plaintiff, Joanne Kenney, administratrix of the estate of Matthew S. Kenney, appeals from the judgment of the trial court rendered in favor of the defendant Robert M. Ward1 after the court granted his motion to dismiss the plaintiff’s cause of action against him. On appeal, the plaintiff claims that the court improperly concluded that it lacked subject matter jurisdiction pursuant to the doc

Plaintiff-appellant Paul Giragosian appeals from a district court order dismissing his Bivens action against Wayne Bettencourt, a regulatory inspection officer employed by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF"). Footnote In that action, Giragosian argued that Bettencourt's warrantless inspection of Giragosian's gun shop at the request of the local police department v

Emilio Chavez, Jr., an inmate in the Texas Department of Criminal Justice – Institutional Division, filed a pro se suit against Dr. Ben Luong, Dr. John P. Lavelle, and Texas Tech Healthcare Systems alleging medical malpractice. The trial court entered an order dismissing all causes of action against Dr. Luong.[1] The trial court granted Texas Tech’s plea to the jurisdiction. Chavez appeals

Oncor Electric Delivery Company LLC (“Oncor”) filed an eminent domain proceeding against appellants, Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“The T”), to take an easement for an electrical transmission line. Appellants filed a plea to the jurisdiction based on governmental immunity, which, after a hearing, the trial court denied. We reverse the trial