Geneva Brown v. Alabama Department of Transportation |
This appeal arises from a Title VII claim brought by African-American civil engineer Geneva Brown against her employer, the Alabama Department of Transportation (“the Department”). Brown claimed that the 1 Department denied her nine separate promotions on account of her race, or for retaliatory reasons, between 2000 and 2005. Following a five-day trial, a jury sitting in the Northern District $0 (02-23-2010 - GA) |
D.L. v. Unified School District No. 497 |
Plaintiffs-Appellants—J.L. and the estate of R.L., along with their mother D.L. and her boyfriend P.P.—appeal from a grant of summary judgment in favor of Defendants-Appellees. Plaintiffs brought a variety of claims challenging a local school district’s conclusion that Plaintiffs J.L. and R.L. were ineligible for special education services. |
Jo and Jesse Whitlock v. Shawn A. Brown |
Jo and Jesse Whitlock were camping at the Indiana Dunes State Park and found several bags and other items of property that looked as if they had been left behind at another campsite. They put the items in their truck, intending to turn them in to the park office. They then left the campground to run errands and forgot the bags were in their truck. By the time they returned a few hours later, the o $0 (02-24-2010 - IL) |
Salvatore J. and Anita L. Culosi v. Deval Bullock |
The underlying claims at issue in these appeals, asserted pursuant to 42 U.S.C. § 1983 and state law, arise out of the fatal shooting of an arrestee by a Fairfax County, Virginia, police officer. Defendant Deval Bullock, the officer who fired the fatal shot, noted an interlocutory appeal in No. 09-1042 from the district court’s denial of summary judgment on the ground of qualified immunity. |
Dorothy Smith v. West Suburban Medical Center |
This is an action based on ordinary negligence. Plaintiff, Dorothy Smith, filed a complaint against several defendants, including defendant/third-party plaintiff-appellee, West Suburban Medical Center (West Suburban), and defendant/third-party defendant-appellant, Triton College Foundation, d/b/a Triton Community College (Triton), alleging that she was injured when she fell off a stool in West Sub $0 (01-21-2010 - IL) |
Stanmore Cooper v. Federal Aviation Administration (FAA) |
The Privacy Act of 1974, 5 U.S.C. § 552a et seq. (the Act), prohibits federal agencies from disclosing “any record which is contained in a system of records by any means of communication to any person, or to another agency” without the consent of “the individual to whom the record pertains,” unless the disclosure falls within one or more enumerated exceptions to the Act. Id. § 552a(b). < $0 (02-22-2010 - CA) |
Abby Krus v. Community Insurance Corporation |
Abby Krus and her parents appeal a summary judgment dismissing their action against Abby’s physical education teacher, Jeanne Druschke, the school district and their insurer. The court concluded Druschke was protected by governmental immunity for her actions that contributed to Abby’s injury during a gym class. See Wis. Stat. § 893.80(4). Krus contends two exceptions to governmental immuni $0 (02-17-2010 - WI) |
Patricia Chavez-Rodriguez v. City of Santa Fe |
Plaintiff Patricia Chavez-Rodriguez filed this 42 U.S.C. § 1983 action alleging, in part, that Defendants David Coss, Karen Heldmeyer, and John Hiatt (collectively “Defendants”) retaliated against her in violation of her First Amendment rights while she was employed by the City of Santa Fe, New Mexico.1 Chavez-Rodriguez’s First Amendment claim was based on a variety of statements she made t $0 (02-18-2010 - CO) |
The City of Wichita Falls v. Mary E. Romm |
Appellant The City of Wichita Falls (Athe City@) (SIC) appeals the trial court=s order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(8) (Vernon 2008). In seven issues, the City argues that the trial court erred by denying its plea to the jurisdiction because Appellee Mary E. Romm did not establish a waiver of the City=s governmental immunity under the Tex $0 (02-18-2010 - TX) |
Dixon Financial Services v. James Chang |
In one issue, appellants, Dixon Financial Services, Ltd. (“Dixon Financial”) and Hyperdynamics Corporation (“Hyperdynamics”), contend that the trial court erred by granting summary judgment in favor of appellees, James Chang, Nick H. Johnson, Riley L. Burnett, Jr., and Johnson, Burnett & Chang, L.L.P. |
Ragone v. Atlantic Video |
This case presents questions of law regarding the enforcement of arbitration agreements. After the defendants announced their intention to waive enforcement of certain provisions of the arbitration agreement at issue, the district court (Koeltl, J.) granted the defendants’ motion to dismiss the complaint and compel arbitration. |
Flanaigan's Enterprises, Inc. v. Futon County |
Defendant Fulton County, Georgia, concerned about the secondary effects on its communities of the mixture of alcohol and live nude dancing, passed an ordinance in 2001 prohibiting the sale, possession, and consumption of alcohol in adult entertainment establishments. Plaintiffs Flanigan’s Enterprises, Inc., owner and operator of the Mardi Gras strip club, and other owners and operators of strip $0 (02-17-2010 - GA) |
Robert Kenedy v. City of Cincinnati, et al. |
Defendants Jeffrey Zucker and David Hudepohl appeal the denial of their motion for summary judgment based on the defense of qualified immunity from plaintiff Robert Kennedy’s procedural due process claims brought under 42 U.S.C. § 1983. For the reasons that follow, we reverse in part and affirm in part. |
Cruz Morales v. City of Oklahoma City |
¶1 The dispositive issue tendered on appeal is whether the trial court erred in giving summary judgment to City. We answer in the affirmative. |
Robert Waggy v. Spokane County Washington |
Plaintiff-Appellant Robert Mark Waggy (“Waggy”), a convicted sex offender, was arrested on harassment charges while serving part of his original sentence on community placement in Spokane, Washington. The day after he posted bond and was released, he was again arrested pursuant to a bench warrant issued due to his failure to progress in his court-imposed sexual deviancy treatment program. Base $0 (02-05-2010 - WA) |
Chamber of Commerce of the United States of America v. W.A. Drew Edmondson |
The Oklahoma Taxpayer and Citizen Protection Act of 2007 (the “Act” or the “Oklahoma Act”) is one of a multitude of recent state enactments that regulate illegal immigration and verification of employment eligibility. This case implicates three provisions of the Act. Section 7(B) forces businesses to utilize the Basic Pilot Program to verify the work authorization status of their employees $0 (02-02-2010 - OK) |
Reewen C. D'Souza-Kamath v. Cloud County Health Center, Inc. |
In this diversity action based on Kansas law, Reewen C. D’Souza-Kamath, M.D., appeals the district court’s grant of summary judgment to his former employer, Cloud County Health Center, Inc. (CCHC). The parties are familiar with the facts and procedural history of this case, the district court detailed both, D’Souza-Klamath v. Cloud County Health Center, Inc., No. 07-4031-KGS, 2009 WL 902377, $0 (02-02-2010 - KS) |
Leon County, Texas v. Frances Donahoe |
Frances Donahoe sued Leon County for personal injuries, asserting a premises liability claim. Leon County filed a plea to the jurisdiction and special exceptions, and Donahoe filed an amended petition. After some discovery had taken place, Leon County filed a “motion to dismiss for lack of subject-matter jurisdiction and, alternatively, for summary judgment.” The trial court denied the plea $0 (02-10-2010 - TX) |
Joelle Ogletree v. Glen Rose Independent School District |
After she was terminated from her teaching job at Glen Rose High School, Joelle Ogletree sued the Glen Rose Independent School District. The trial court initially sustained the District’s plea to the jurisdiction, and in an earlier appeal, we reversed in part and affirmed in part that ruling, holding that the District did not have sovereign immunity as to Ogletree’s breach of contract and sec $0 (02-10-2010 - TX) |
Roberto Diaz, Jr. Individually, and Next Friend of Robert C. Diaz, a Minor v. The Canutillo Independent School District |
Roberto Diaz, Jr., individually and as next friend of Robert C. Diaz, appeals from an order granting a plea to the jurisdiction filed by the Canutillo Independent School District. At issue is whether negligent parking constitutes the use or operation of a motor vehicle as contemplated by the Texas Tort Claims Act. On these facts, we conclude it does not. |
Save Our Springs Alliance, Inc. v. City of Dripping Springs |
The City of Dripping Springs entered into agreements with two landowners in the City's extraterritorial jurisdiction, Cypress-Hays, L.P. and Mak Foster Ranch, L.P. The agreements contemplated the landowners' development of portions of their property for residential, commercial, and recreational use. The agreements were approved by the city council in public meetings during April 2001. Appellant S $0 (02-14-2010 - TX) |
Wayne Talley, v. United States Department of Agriculture, |
Any “person” who willfully or negligently fails to comply with the Fair Credit Reporting Act is liable for damages. 15 U.S.C. §§ 1681n(a), 1681o(a). One of the Act’s requirements is that lenders report borrowers’ payment history accurately to credit agencies. 15 U.S.C. §1681s–2. The Department of Agriculture violated that requirement by reporting that Wayne Talley is behind on a loan $0 (02-12-2010 - ) |
Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr. |
On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util $0 (02-11-2010 - NC) |
EFF v. ODNI |
In the wake of the September 11, 2001 terrorist attacks, the President authorized the National Security Agency (“NSA”) to conduct a warrantless, electronic surveillance program on millions of American telephones. Numerous lawsuits have claimed the program was illegal and unconstitutional, e.g., Al- Haramain Islamic Foundation, Inc. v. Bush, 507 F.3d 1190, 1192-93 (9th Cir. 2007), including a c $0 (02-10-2010 - CA) |
JOnathan Klaucke v. Brian C. Daly |
In this appeal, plaintiff-appellant Jonathan Klaucke challenges the district court's grant of summary judgment in favor of defendant-appellee Brian C. Daly, a police officer in Amherst, Massachusetts, on claims alleging violations of Klaucke's Fourth Amendment rights brought pursuant to 42 U.S.C. § 1983 and the Massachusetts Civil Rights Act. We conclude on the undisputed facts that Officer Daly $0 (02-09-2010 - MA) |
Next Page |