Loren J. Zutz v. John Nelson |
Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th $0 (04-15-2010 - MN) |
James G. Herman, et al. v. Pella Products, Inc., et al. |
Appellant John P. Miller contracted with appellee James G. Herman for the construction of a new home. Herman installed Pella windows in the home as part of that contract, and, according to Miller, the windows have leaked, causing him personal and property damage. He brought this action against Herman, Herman’s construction company, James G. Herman & Associates, and Pella Products, Inc. (“Pella $0 (04-17-2010 - IL) |
Sandra T.E., et al. v. South Berwyn School District 100 |
An elementary-school music teacher in the South Berwyn School District 100 was charged with sexually molesting numerous students over a period of several years during his tenure in the district. Some of the victims brought this civil lawsuit against the District and a school principal who allegedly knew about the abuse long before the charges were filed but did not take appropriate responsive acti $0 (03-30-2010 - IL) |
Carolyn London, et al. v. RBS Citizens, N.A. |
Judgment creditor Chase Bank filed a citation under Illinois law seeking to discover any assets of judgment debtors Andrew and Carolyn London that Charter One Bank had in its possession. After being served with the citation, Charter One froze the funds in the Londons’ checking account, some of which were Social Security benefits. When the Londons demanded that Charter One release their Social Se $0 (04-01-2010 - IL) |
Kevin Fox v. Edward Hayes, Michael Guilfoyle, Scott Swearengen, Brad Wachtl and Will County |
The central event underlying this case evokes what is surely every parent’s most visceral fear. In the early morning hours of June 6, 2004, three-yearold Riley Fox was taken from her home in Wilmington, Illinois. She was bound with duct tape, sexually assaulted, and drowned in a creek. Riley’s parents, Kevin and Melissa Fox, claim that in the midst of their efforts to cope with this trauma, lo $0 (04-07-2010 - IL) |
Kyle Edwards v. Prime, Inc. d/b/a Ruth's Chris Steak House |
Ruth’s Hospitality Group, the parent company of Ruth’s Chris Steak House, is proud of its origins. The company boasts that forty-five years after its founder, Ruth Fertel, mortgaged her home to purchase her first restaurant, it has grown into a chain of more than 120 steakhouse restaurants in seven countries. Though it has become an international operation, the company insists that “our succ $0 (04-09-2010 - AL) |
Cynthia Lambert v. Clancy, Hamilton County Clerk of Courts |
{¶ 1} In this appeal, we are asked to determine the appropriate R.C. Chapter 2744 political-subdivision-immunity analysis to apply to a lawsuit in which the named defendant holds an elected office within a political subdivision. We conclude that because the allegations contained in the complaint are directed against the office of the political subdivision, the officeholder was sued in his officia $0 (04-08-2010 - OK) |
Barbara A. Robinson v. City of Lansing |
At issue here is whether the two-inch rule of MCL 691.1402a(2), which provides that a discontinuity defect of less than two inches in a sidewalk creates a rebuttable inference that the municipality maintained the sidewalk in reasonable repair, applies to sidewalks adjacent to state highways, as with the sidewalk at issue here, or only to sidewalks adjacent to county highways. The trial court concl $0 (04-08-2010 - MI) |
Michael Wachocki v. Bernalillo County Sheriff's Department |
{1} The Bernalillo County Sheriff’s Department (BCSD) appeals the judgment of the district court holding it thirty percent liable for the wrongful death of Jason Wachocki. BCSD argues (1) that several of the district court’s factual findings were not supported by substantial evidence; (2) that the district court erred in finding that Jason Wachocki had no comparative fault in causing his death $0 (11-24-2009 - NM) |
William K. Summers, M.D. v. Arden Health Services, L.L.C. |
{1} Plaintiff William K. Summers, M.D. (Dr. Summers) brought suit for damages against Defendants Ardent Health Services, L.L.C. and Lovelace Health System, Inc. (Defendants) after his medical privileges were suspended. Relying on a specific section of the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. § 11112 (1986), Defendants requested summary judgment arguing they were immune b $0 (04-09-2010 - NM) |
Northfork Citizens for Responsible Development v. Board of County Commissioners of Park County |
[¶1] Northfork Citizens for Responsible Development, David Jamison, and Robert Hoszwa (collectively Northfork) have appealed the district court’s affirmance of the approval by the Board of County Commissioners of Park County (the Board) of a subdivision proposed by Worthington Group of Wyoming, LLC (Worthington).1 Northfork raises evidentiary and procedural issues. In a cross-appeal, Worthingto $0 (04-08-2010 - WY) |
The Regents of the University of California v. Tami Waters, et al. |
Plaintiffs Chiquita Waters, Tami Waters, and Victor Waters are the children of Ruth Waters, who enrolled in the UCLA Willed Body Program in 1970 and whose body was donated to that program upon her death in 2001. Plaintiffs sued the Regents of the University of California (the Regents) for negligence because of alleged wrongdoing and mishandling of donated bodies by the UCLA Willed Body Program. |
Patricia Dodson v. University of Arkansas |
Appellant Patricia Dodson seeks control over the fate of eighteen cryogenically frozen embryos, which she created with her ex-husband through the In-Vitro Fertilization (“IVF”) Program at the University of Arkansas for Medical Sciences (“UAMS”). Dodson brought this action, alleging that UAMS’s refusal to allow her control over the disposition of the embryos violates her constitutional ri $0 (04-02-2010 - AR) |
Comcast Corporation v. Federal Communications Commission and United States of America |
In this case we must decide whether the Federal Communications Commission has authority to regulate an Internet service provider’s network management practices. Acknowledging that it has no express statutory authority over such practices, the Commission relies on section 4(i) of the Communications Act of 1934, which authorizes the Commission to “perform any and all acts, make such rules and re $0 (04-06-2010 - DC) |
Connie Reguli v. Sharon Guffee |
Connie Reguli on behalf of herself and as next friend of her daughter, “YKR,” appeals the denial of her claims of constitutional violations under 42 U.S.C. § 1983 based on her constitutional rights as a parent and her constitutional right to privacy. Plaintiffs’ suit arises out of their interactions with the Williamson County, Tennessee juvenile court system. Defendants are the county itsel $0 (03-31-2010 - TN) |
Education Service Center Region II v. Rose Marikudi and Jessy Peecha Tukudiyil |
Appellant, Education Service Center, Region II ("Service Center"), files this accelerated interlocutory appeal following the trial court's denial of its plea to the jurisdiction. (1) By its first issue, the Service Center argues that the trial court erred in denying its plea to the jurisdiction because the Service Center, as a quasi-governmental entity, did not receive notice of the claim as req $0 (04-01-2010 - TX) |
Laryn McCandless v. Pasadena Independent School District and Robert Scott |
Laryn McCandless sued the Commissioner of Education (the "Commissioner") and Pasadena Independent School District ("PISD") for judicial review of the Commissioner's order dismissing her grievance against PISD for lack of jurisdiction. McCandless also brought a common-law breach-of-contract claim against PISD. In two orders, the trial court affirmed the Commissioner of Education's dismissal of McC $0 (04-01-2010 - TX) |
Prairie View A&M University v. Diljit K. Chatha |
Appellant, Prairie View A&M University, brings this interlocutory appeal from an order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008) (allowing interlocutory appeal of order that "grants or denies a plea to the jurisdiction by a governmental unit"). The trial court determined appellee, Diljit K. Chatha, timely filed her suit against her e $0 (04-01-2010 - TX) |
Joe H. Bryant, Jr. v. Military Department of the State of Mississippi |
Col. (Ret.) Joe H. Bryant (“Bryant”), a former member of the Mississippi Air National Guard’s (“MSANG”) 186th Refueling Wing, sued MSANG and individual MSANG officials (“Individual Appellees”), asserting claims under: (1) the Military Whistleblower Protection Act, 10 U.S.C. § 1034; (2) the Mississippi Bryant’s claims against individual Appellee F. Gregory Malta in his individual 1 $0 (02-17-2010 - MS) |
Monica Picco v. Town of Voluntown |
The dispositive issue in this appeal is whether the defendants may be held liable pursuant to General Statutes § 52-557n (a) (1) (C)1 for damages caused by their failure to act to abate an alleged public nuisance. The plaintiffs, Monica Picco, Joseph S. Picco, Jr., and their children, Nicole Picco and Dominic Picco, appeal2 from the judgment of the trial court rendered in favor of the named defen $0 (03-16-2010 - CT) |
Frank Naples v. Keystone Building Development Corporation |
The plaintiffs, Frank Naples and Karen Naples, brought this action against the named defendant, Keystone Building and Development Corporation, its successor entity, Keystone Builders and Developers, LLC (Keystone, LLC),1 and their principal, Leonard Bourbeau, alleging that their poor workmanship in the construction of the plaintiffs’ new home constituted, inter alia, breach of contract, and viol $0 (03-30-2010 - CT) |
Michael Napoli, Sr. v. Town of New Windsor and George Green |
Defendants appeal from a January 12, 2009 order of the district court denying defendants’ motion for summary judgment on qualified immunity grounds and a May 14, 2009 order of the district court clarifying its previous order. Because we find that defendants’ appeal is untimely under Federal Rule of Appellate Procedure 4(a), we dismiss the appeal for lack of jurisdiction. |
Jocelyn Roberts v. Delta Air Lines, Inc. |
Jocelyn Roberts, a flight attendant, was injured while working on a March 6, 2005, flight from Boston to Las Vegas for Song LLC, which was owned and operated by Delta Air Lines, Inc. ("Delta"). She received a lump sum workers' compensation payment from Song and Delta's insurer, which insured both Delta and Song under the same policy. Nonetheless, Roberts sued Delta for negligence. She said that he $0 (03-24-2010 - MA) |
Malaika Brooks v. City of Seattle, et al. |
Sergeant Steven Daman, Officer Juan Ornelas, and Officer Donald Jones (collectively “the Officers”) appeal the district court’s denial of the Officers’ motion for summary judgment on Malaika Brooks’s § 1983 and state law claims. Brooks had sued the City of Seattle, the Seattle Police Department (“SPD”) and its chief, as well as the Officers, based on the Officers’ alleged excessiv $0 (03-27-2010 - WA) |
City of Pharr v. Marie Esther Aguillon |
In this accelerated interlocutory appeal, appellant, the City of Pharr (the "City"), challenges the trial court's denial of its plea to the jurisdiction in favor of appellee, Marie Esther Aguillon a/k/a Maria Esther Aguillon. By one issue, the City argues that the trial court lacked subject-matter jurisdiction over Aguillon's claims because she did not meet the statutory requirements of the Texas $0 (03-25-2010 - TX) |
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