1 Plaintiff Ronald Frantz (Frantz) appeals from an Order granting summary judgment in favor of Defendants D'Aurizio Drywall and Acoustics and Nick D'Aurizio (collectively, D'Aurizio defendants). The district court determined it does not have jurisdiction over Frantz's claims against the D'Aurizio defendants for enforcement of two Workers' Compensation Court awards (each properly certified unpaid)

¶1 The questions presented in this appeal are (1) whether section 2205 of the Lead-Impacted Communities Relocation Assistance Act1 is unconstitutional, (2) whether section 2203(M) of the Lead-Impacted Communities Relocation Assistance Act is unconstitutional, and (3) whether section 307(D) of the Oklahoma Open Meeting Act (Open Meeting Act)2 authorizes a public body subject to its provisions to a

This Court assumed original jurisdiction to resolve important issues of public safety involving injuries to bystanders in police pursuits. The publici juris nature of those issues combined with the pressing need to resolve this matter and another matter which is pending on certiorari review1 is sufficient to invoke this Court's discretionary review. See Edmondson v. Pearce, 2004 OK 23, ¶ 11, 91 P

¶1 Certiorari was previously granted to consider this matter with the original proceeding in State ex rel. Department of Public Safety v. Gurich, 2010 OK 56, decided today. The Gurich opinion announces the duty of care owed to the public by a law enforcement officer who pursues the driver of a fleeing vehicle. It addresses causation in such instances and certain statutory exemptions from liabilit

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C

{1} This case presents us with another question regarding the extent of tribal sovereign immunity. Appellant Hoffman brought suit in district court based on his claims that Sandia Resort and Casino (Sandia) wrongfully refused to pay him a gambling prize. Holding that tribal sovereign immunity applies, we affirm the district court’s grant of Sandia’s motion to dismiss based on lack of subject m

{1} This case results from the disintegration of an agreement between the Village of Angel Fire (Village) and the Board of County Commissioners of Colfax County (County). In 2001, the parties executed a Joint Powers Agreement (JPA) in which the Village promised to collect the trash of certain county residents in consideration for the sum of $50,000, paid semi-annually in payments of $25,000 each.

Plaintiff-appellee Mindys Cosmetics, Inc. (“Mindys”) is a cosmetics company owned and operated by members of the Dakar family. Defendant-appellant Kia Kamran (“Kamran”) is an attorney. In 2007, Kamran registered two of Mindys’ trademarks in Sonya Dakar’s name. Israel and Natan Dakar brought suit in the name of Mindys against Sonya Dakar, Donna Dakar, and Kamran. Kamran moved under Cali

On May 8, 2005, Defendant-Appellant Rick Torres (“Torres”) shot and killed Jason Scott Wilkinson (“Wilkinson”) as Wilkinson was driving a stolen minivan in a residential yard where the officers were on foot. Plaintiffs- Appellees Scott Wilkinson, Alisha Wilkinson, and the estate of Jason Scott Wilkinson (collectively, “Plaintiffs”) brought an action against Torres and others, alleging

This appeal presents the questions whether a teacher violated a disabled student’s constitutional right to be free from excessive corporal punishment or discriminated against the student solely by reason of his disability, in violation of a federal statute, when the teacher physically and verbally abused the student on several occasions. The student, T.W., was enrolled for several months in Kath

In this 42 U.S.C. § 1983 First Amendment retaliation claim appeal, we (1) reevaluate the pleading standard requirement for § 1983 cases involving qualified immunity, (2) determine whether Earl Randall’s (“Randall”) complaint – alleging state conduct restricting his ability to run for public office – raises a claim for violation of his First Amendment rights, and (3) resolve whether Jew

Section 101.106 of the Texas Civil Practice and Remedies Code is entitled “Election of Remedies” and is applicable when an employee of a governmental unit is sued. Tex. Civ. Prac. & Rem. Code Ann. § 101.106 (Vernon 2005). Since 2003, this statute has required a plaintiff to “decide at the outset whether an employee acted independently and is thus solely liable, or acted within the general

This appeal arises from the district court’s denial of Lynn Swanson and Jackie Bomchill’s (Appellants) Second Motion to Dismiss based on qualified immunity. Appellants argue, as they did below, that the First Amendment does not apply to elementary school students. Because it has been clear for over half a century that the First Amendment protects elementary school students from religious-viewp

After Zachary Painter was arrested for seeking to cash a fraudulent check, he brought various claims against the arresting officers and others. At summary judgment, the district court dismissed several of those claims, but ruled in favor of Mr. Painter on others. Relevant for purposes of this particular appeal, the district court held that Officers John Kelly and Dwight Porlas were entitled to qua

Barney Miller, proceeding pro se, appeals from the district court’s dismissal of his complaint and the denial of his motion to reconsider. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Background

Mr. Miller filed a pro se “Employment Discrimination Complaint” against the State of Kansas Highway Patrol, alleging that the State discriminated against him in violation

Two years ago, in District of Columbia v. Heller, 554 U. S. ___ (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession of handguns in the home.The city of Chicago (City) and the village of Oak Park, a Chicago suburb, have laws that are similar to the District of Col

In this interlocutory appeal, Gulf Coast Waste Disposal Authority (“Gulf Coast”), a political subdivision of the State, appeals the trial court’s denial of its plea to the jurisdiction, asserting that it has immunity from suit. The underlying dispute arises from a commercial transaction in which Gulf Coast acquired a crane from Four Seasons Equipment, Inc. (“Four Seasons”) through an In

Jason Bonnin worked at Joe’s Crab Shack, a restaurant located on the grounds of Texas State University–San Marcos. On the evening of April 21, 2005, Jason and a group of fellow employees celebrated a colleague’s final day at work by jumping from the deck at Joe’s Crab Shack into the San Marcos River. After his second jump, Jason was sucked into the undertow and became trapped in the avern

In these appeals of a judgment for a defendant in a vehicular accident case alleging ordinary and gross negligence, we consider several issues, including the circuit court’s holding that the defendant, a police officer, was entitled to sovereign immunity. We also consider the defendant’s motion to dismiss one of the appeals.

I. Pre-Trial Rulings

In June 2005, Joyce Hawthorne

The named plaintiff, Tracey Haynes, filed this action as parent and next friend of the plaintiff, Jasmon Vereen,1 her then minor son, and on her own behalf, for his medical expenses, against the defendant city of Middletown for injuries the plaintiff sustained when a fellow student pushed him into a broken locker in the men’s locker room at Middletown High School.

The plaintiffs appeal fr

In this case we review a Superior Court judge's order granting summary judgment in favor of the defendants, attorney Stephen T. Kunian and his law firm Eckert Seamans Cherin & Mellott, LLC (Eckert). The plaintiff, Nova Assignments, Inc. (Nova), is the assignee of the law firm Posternak Blankstein & Lund, LLP (PBL).

I.

The following facts are taken from the summary judgment record

[¶1] The City of Lewiston appeals from an order of the Superior Court (Androscoggin County, Delahanty, J.) denying its motion for summary judgment in a wrongful death suit brought by the estates of three Lewiston High School students who died in a 2006 plane crash while attending an Air Force Junior Reserve Officer Training Corps (AFJROTC) summer program sponsored by the school. The City’s inte

This appeal presents the question of whether the intramilitary immunity doctrine, as embraced by our circuit in Mier v. Owens, 57 F.3d 747 (9th Cir. 1995), was superseded by the National Defense Authorization Act for Fiscal Year 1998 (“1997 Amendments”), Pub. L. No. 105-85, § 522(a), 111 Stat. 1629, 1734 (1997), codified at 10 U.S.C. § 10216(a). We conclude that the 1997 Amendments did not r

Early one morning in the summer of 2005, Officer Brian MacPherson deployed his taser against Carl Bryan during a traffic stop for a seatbelt infraction. Bryan filed this action under 42 U.S.C. § 1983, asserting excessive force in violation of the Fourth Amendment. Officer MacPherson appeals the denial of his motion for summary judgment based on qualified immunity. We affirm the district court in

[¶1] M.M. and Thomas Moore appeal from a judgment dismissing their personal injury action against Fargo Public School District No. 1 ("District") and Eugenia Hart. We conclude the district court erred in ruling the recreational use immunity statutes, N.D.C.C. ch. 53-08, barred this personal injury action against the District. We reverse and remand for a new trial.

I

[¶2] In May 200