Dr. D. Scott Bender, a general surgeon, perforated Marcy Willis’ small bowel while performing a laparoscopic cholecystectomy (laparoscopic surgery to remove her gallbladder). Relevant here, Willis sued Bender for lack of informed consent and medical malpractice. The district court granted summary judgment to Bender on informed consent claim. The medical malpractice claim proceeded to a jury tria

Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t

Fire Insurance Exchange (FIE) denied insurance coverage to Zary Abdelhamid for the fire that burned her house down, claiming she had (1) failed to produce requested documentation, (2) failed to answer material questions when she was examined under oath, (3) failed to submit a completed proof of loss with necessary documentation, and (4) failed to cooperate in the processing of her claim. The trial

Civil Code section 1714.101 places limitations on a party‟s right to sue an attorney for conspiring with his or her client. Subdivision (a) imposes a prefiling, court approval requirement on suits of that nature. Subdivision (b) provides that the failure to obtain the court approval required in subdivision (a) is a “defense” to the action. Subdivision (c) sets out two statutory exceptions to

Plaintiff-Appellant Bruce Alan Morton (“Morton”) appeals the dismissal of his Eighth Amendment 42 U.S.C. § 1983 claim against prison officials alleging that their deliberate indifference contributed to a violent assault on him by inmates on June 18, 2003. The district court found that Morton had failed to exhaust prison administrative remedies with regard to this claim as required by the Pris

Plaintiff-Appellant the Osage Nation (“the Nation”) appeals from the grant of summary judgment for Defendants-Appellees. The Nation sought (1) a declaratory judgment that the Nation’s reservation, which comprises all of Osage County, Oklahoma, has not been disestablished and remains Indian country within the meaning of 18 U.S.C. § 1151; (2) a declaratory judgment that Nation members -3- who

Our medical-legal jurisprudence is based on images of health care that no longer exist. At an earlier time, medical advice was received in the doctor's office from a physician who most likely made house calls if needed. The patient usually paid a small sum of money to the doctor. Neighborhood pharmacists compounded prescribed medicines. Without being pejorative, it is safe to say that the prevail

The City of Wichita Falls appeals from the trial court=s order denying its plea to the jurisdiction in this Texas Tort Claims Act (TTCA) case involving a City automobile. In two issues, the City contends that it did not have either actual or formal notice of appellees= injuries within forty-five days after the accident as required by the TTCA. Because we hold that the City did receive the requir

Edmund G. Brown Jr., Attorney General of California, Jennifer M. Kim, Shannon M. Chambers and Randall R. Murphy, Supervising Deputy Attorneys General, and Gregory M. Cribbs, Deputy Attorney General, Los Angeles, California, for defendant-appellant David Maxwell-Jolly. Lloyd A. Bookman, Byron J. Gross, and Jordan B. Keville, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-app

Defendants-appellants, who are prison officials, appeal from a judgment of the United
16 States District Court for the District of Connecticut (Dorsey, J.), granting-in-part plaintiff-
17 appellee Joe Burgos Vega’s motion for summary judgment. Vega, a prison inmate, sued
18 Connecticut prison officials alleging, among other things, that they violated his liberty interests
19 and

Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City”) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs

This case presents itself as one concerning Code of Civil Procedure section 425.16 ("section 425.16"), the anti-SLAPP special motion to strike. In fact, the case primarily concerns the scope of an attorney's duty to a former client. Defendants and appellants Reed Smith LLP, a law firm, and Kenneth Goldman, a partner at Reed Smith, for a time represented plaintiff and respondent Oasis West Realty,

In this case, we are asked to decide whether under Maryland law a non-signatory to a contract may invoke equitable estoppel to enforce an arbitration provision contained within the contract. We are precluded from answering that question, however, because this case is before us on appeal from an order that is neither a final judgment nor an appealable interlocutory order. Accordingly, we shall vaca

Petitioner Arnold Houghton, an officer in the Baltimore City Police Department (“BCPD”), was sued for intentional and constitutional torts committed against Respondent Cheryl Forrest in the course of Houghton’s duties. The case was tried in the Circuit Court for Baltimore City, where a jury found against Houghton and awarded compensatory damages to Forrest. On appeal, Houghton argued that th

In this appeal we consider whether homeowners may state a claim for damages allegedly caused by the negligence of a public utility. The so-called “filed rate doctrine” requires regulated utilities to charge all of their customers the rate approved by the regulator. The filed rate generally includes restrictions on the utility’s liability.

In this case, a water company included in its

In 1973, the State of California established the In-Home Supportive Services (IHSS) program to provide in-home assistance and care to low-income elderly and disabled persons who otherwise would be unable to remain safely in their homes. See Cal. Welf. & Inst. Code § 12300. Plaintiffs- Appellees, a putative class comprised of recipients of the State’s IHSS program and the unions who represent IH

Cynthia Brzak and Nasr Ishak appeal from a judgment of the United States District Court for the Southern District of New York (Sweet, J.) dismissing claims against the United Nations and various United Nations officials. The complaint charges defendants with sex discrimination under several federal statutory and state common law theories. The district court dismissed the claims for lack of subject

¶1 Claimant, Sequoyah Quinton, seeks review of an order from a workers' compensation court three-judge panel affirming the trial court's dismissal of his claim. The trial court found that the Oklahoma workers' compensation court lacked subject matter jurisdiction. We sustain the panel's decision.

BACKGROUND

¶2 Claimant is a member of the Cherokee Nation. He was injured October 29,

Appellant Marilyn Summerlin, in her capacity as the mother of 18-yearold George Summerlin and the administratrix of his estate, filed a wrongful death action against Georgia Pines Community Service Board (the board), for the wrongful death of her son. At the time of his death, George was a patient at Georgia Pines, a residential facility for the care and treatment of individuals with mental illnes

Immunity from civil liability created by an absolute privilege and its application in a defamation action against the Sheriff of St. Lucie County give rise to this appeal. The plaintiff appeals an order setting aside a jury verdict in her favor and entering a directed verdict for the Sheriff and the consequent final judgment. The plaintiff argues that the trial court erred in setting aside the jur

Jose Luis Sanchez Vasquez and his father, Arnulfo Sanchez Hernandez, appeal a final summary judgment entered in favor of the appellees, Sorrells Grove Care, Inc., Sorrells Brothers Packing Company, Inc. (Packing Company), and J. Felix Ramos. We reverse the final summary judgment and remand for further proceedings.

The initial facts of this case are set forth in Vasquez v. Sorrells Grove Car

Plaintiff was injured as the result of treatment he received while a patient at Oregon Health and Science University (OHSU). He brought this action against two of his physicians as well as OHSU and OHSU Medical Group (Medical Group), the latter two in their capacity as the physicians' employers. A jury returned a verdict in favor of one of the physicians, but found that the other, West, was negl

Jessie Williams was a customer of Family Bank & Trust Company in Illinois. Following a Federal Deposit Insurance Corporation (FDIC) routine examination in late 2005, Family Bank stopped making loans to Williams, supposedly at the behest of FDIC Associate Examiner Jerry Fleming. The alleged catalyst for Fleming’s decision was a racially motivated bias against Williams and other African-Americans.

In this case, Cynthia Coffin attempted to shut her open garage door to prevent two Sarasota County Sheriff’s deputies, James Lutz and Stacy Brandau, from serving a court order on her husband, James Coffin.1 Brandau stepped into the garage while the door was closing, breaking the electronic-eye safety beam on the garage door and causing the door to retreat to its open position. The Deputies, who

In July 2004, two groups of current and former employees of the Police and Fire Departments of the City of Providence, Rhode Island, and their families, sued the City and several City employees in their personal capacities. An automatic recording system at the City's new Public Safety Complex ("Complex"), which housed the Police and Fire Departments, recorded all telephone calls into and out of t