David Hanson v. Dane County, Wisconsin, et al. |
By the time the 911 dispatcher in Dane County picked up the phone to receive a call, the connection had been broken. The dispatcher called back; no one answered. Police were alerted, and three officers soon arrived at the house from which the call had been placed. They entered without permission and questioned the four occupants: |
James Weed v. Bachner Company, Inc. |
The sole question in this case is whether state procurement officials are entitled to absolute immunity or qualified immunity for common law claims arising from the bid evaluation process. In this case, a disappointed bidder sued the procurement officials individually after the administrative hearing officer in the bid protest proceeding found serious improprieties in the bid evaluation process. T $0 (05-14-2010 - AK) |
John Paul Brehm v. Caterpillar, Inc., et al. |
Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc.(1) They assign error to the trial court's granting of defendant's motion for summary judgment on the ground that plaintiffs' claims were barred by the exclusive l $0 (05-12-2010 - OR) |
Charles Marvin, et al. v. Clay Fitch, et al. |
In this appeal, we consider the application of absolute immunity to individual members of the State Board of Equalization (State Board). Absolute immunity is a broad immunity that is granted sparingly to individuals performing judicial or quasi-judicial functions. State of Nevada v. Dist. Ct. (Ducharm), 118 Nev. 609, 615-16, 55 P.3d 420, 423-24 (2002). On appeal, appellants Charles Marvin, Gary $0 (05-17-2010 - NV) |
Anthony Yeung, M.D. v. Zoran Maric, M.D. |
¶1 Anthony Yeung, M.D., sued Zoran Maric, M.D., for defamation and false light invasion of privacy. The trial court granted summary judgment to Dr. Maric, finding statements Dr. Maric made in an independent medical examination report -- prepared in connection with a private, contractual arbitration proceeding -- are protected by the absolute privilege afforded to participants in judicial proceedi $0 (06-08-2010 - AZ) |
Cloristeen Collins, et al. v. Plant Insulation Company |
Defendant Plant Insulation Company appeals from the judgment against it in this asbestos case, claiming the trial court erred in excluding the United States Navy from the list of entities as to which the jury could apportion “fault” pursuant to Proposition 51. We agree, and reverse and remand for a retrial on apportionment. |
Stephen Harris v. Bradley Memorial Hospital and Health Center, Inc. |
This appeal arises from the summary suspension of the medical privileges of the plaintiff, Stephen Harris, a physician, by the defendant, Bradley Memorial Hospital and Health Center, Inc. The plaintiff appeals from the judgment of the trial court in favor of the defendant, rendered following the court’s grant of the defendant’s motion for judgment notwithstanding the verdict and for remittitur $0 (05-18-2010 - CT) |
Peter Benedit v. Town of Norfolk |
The dispositive issue in this appeal is whether the identifiable person, imminent harm1 exception to governmental immunity for discretionary acts applies in an action brought directly against a municipality pursuant to General Statutes § 52-557n (a).2 The plaintiff, Peter Benedict,3 appeals from the trial court’s grant of the motion to strike filed by the defendant, the town of Norfolk, and the $0 (06-08-2010 - CT) |
Brant Sitzes v. City of West Memphis Arkansas |
Appellants Brant and Nancy Sitzes (collectively “plaintiffs”), parents of Brittney and Shelby Sitzes, brought this action against Officer James Wright of the West Memphis, Arkansas, Police Department (WMPD), the City of West Memphis, and various city officials (collectively “defendants”). They alleged constitutional and state tort claims arising out of a traffic accident in which a patrol $0 (06-09-2010 - AR) |
Thomas Harrington v. County of Suffolk, et al. |
The question presented is whether citizens of Suffolk County, New York, have a property interest protected by the Due Process Clause of the Fourteenth Amendment in adequate police investigations. Plaintiffs-appellants Thomas and Ann Marie Harrington (“plaintiffs”) appeal from a judgment of the United States District Court for the Eastern District of New York (Leonard D. Wexler, Judge) dated Au $0 (06-04-2010 - NY) |
Joi Brown v. City of Huntsville, Alabama |
In this 42 U.S.C. § 1983 action, Plaintiffs-Appellants Joi Brown and Shaun Sonia bring federal and state claims for false arrest and excessive force. Plaintiffs appeal the district court’s grant of summary judgment to the Defendants-Appellees – the City of Huntsville, Alabama (the “City”), and two police officers – on the basis of qualified immunity and state-law immunity. After review $0 (06-07-2010 - AL) |
Ricky Lee Thomas v. John Durastanti |
In this interlocutory appeal, Defendant-Appellant John Durastanti, an agent with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), appeals the district court’s decision denying him qualified immunity from Plaintiff-Appellee Ricky Lee Thomas’ claim that Agent Durastanti violated Mr. Thomas’ Fourth Amendment right to be free from unreasonable seizures when Agent Dura $0 (06-04-2010 - KS) |
Paul Glover; Glover Construction Co., Inc. v. Carlisle Mabrey, III, et al. |
Glover Construction Company and its owner, Paul Glover (collectively “Glover”) filed suit under 42 U.S.C. § 1983 against the Oklahoma Department of Transportation (ODOT) Commissioners and six department officials (collectively the ODOT defendants).1 The complaint alleged the ODOT defendants retaliated against Glover in violation of its First and Fourteenth Amendment rights. The ODOT defendant $0 (06-04-2010 - OK) |
Iowa Tribe of Kansas and Nebraska v. Kenneth Lee Salazar, et al. |
This appeal is part of a long-running dispute over whether the Secretary of the Interior (the “Secretary”) properly took a small tract of land into trust on behalf of the Wyandotte Tribe of Oklahoma. Because the Secretary has already taken the land at issue into trust, sovereign immunity precludes the relief sought by plaintiffs. Consequently, we dismiss the appeal for want of jurisdiction. |
Frederick T. Scalzo, et al. v. American Express Company, et al. |
These appeals are from the trial court‟s grant of two special motions to strike. We affirm as to Respondents Baker, Baker and Baker, Shomaker, and Haynie & Company; we reverse as to Martin R. Scalzo. |
Michael L. Antonio v. Inn of the Mountain Gods Resort and Casino and Tribal First |
{1} Michael Antonio (Worker) appeals from an order of dismissal entered by the Workers’ Compensation Administration (WCA) for lack of subject matter jurisdiction. On appeal, Worker alleges that (1) the WCA erred in determining that Worker’s injury occurred on the Mescalero Apache Tribe reservation (Tribe) and that the Tribe was not conducting business within the State of New Mexico; and (2) th $0 (05-13-2010 - NM) |
Gina Mendoza v. Tamaya Enterprises, Inc. |
{1} Gina Mendoza and Michael Hart (Plaintiffs), as personal representatives of Michael and Desiree Mendoza, brought a wrongful death action against Tamaya Enterprises, Inc. (Tamaya) in the Bernalillo County District Court. The complaint alleged that Tamaya sold alcohol to Michael and Desiree Mendoza at a social function despite their intoxication and, as a result of Tamaya’s negligence, they wer $0 (05-31-2010 - NM) |
Bruce Gilbert v. Board of County Commissioners of Park County |
[¶1] Bruce Gilbert, owner of a 21.85-acre parcel of property approximately one mile southeast of Meeteetse, Wyoming, seeks review of the decision of the Board of County Commissioners of Park County, which the district court affirmed, that denied his request for a land use variance after extended public hearings. We affirm the Board‟s decision. |
Glenda R. Reynolds v. West Park Hospital District |
[¶1] Glenda Reynolds (Reynolds) appeals the West Park Hospital District’s Board of Trustees’ (Hospital District) decision to terminate her employment. Finding no error in the Hospital District’s decision, we will affirm. |
Miccosukee Tribe of Indians of Florida v. Kraus-Anderson Construction Company |
In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe $0 (05-29-2010 - FL) |
Abraham Carmichael v. Village of Palatine, Illinois, Timothy Sharkey and Steve Bushore |
Abraham Carmichael and Keith Sawyer brought this action alleging Fourth Amendment violations under 42 U.S.C. § 1983 against Officers Timothy Sharkey and Steve Bushore and against the officers’ employer, the Village of Palatine (“Village”). They also alleged supplemental state claims arising out of the same incident.2 The defendants moved for summary judgment on all claims against all partie $0 (05-28-2010 - IL) |
Jack Wade Fletcher v. Jerome Burkhalter |
Jack Wade Fletcher (Plaintiff Fletcher) sued McIntosh County Deputy Sheriff Jerome Burkhalter1 under 42 U.S.C. § 1983. He alleged that Deputy Burkhalter had violated his rights under the Fourth Amendment (as applied to the states under the Fourteenth Amendment, see Mapp v. Ohio, 367 U.S. 643, 655 (1961)), by signing a probable-cause affidavit that led to his improper arrest for engaging in a frau $0 (05-24-2010 - OK) |
Abrams & Abrams, P.A. v. National Union Fire of Pittsburgh |
After winning their disabled client an $18 million personal injury settlement that will pay for his care for the rest of his life, the attorneys in this case saw their compensation slashed by the district court from the thirty-three percent provided in their contingency fee agreement to a mere three percent. While a district court does possess discretion in approving fee awards, particularly when $0 (05-27-2010 - ) |
David M. Rodriguez, et al. v. Maricopa County College District, et al. |
We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status. |
Elvin Maxwell v. Robert Willis |
Robert Willis filed suit against Texas Tech University and Elvin Maxwell alleging several causes of action in connection with his removal from the University’s Physician’s Assistant (PA) Program. Maxwell filed a motion for summary judgment and, in part, alleged that Willis’s claims were barred by official immunity. The trial court denied Maxwell’s motion, and he filed this interlocutory $0 (05-06-2010 - TX) |
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