The Texas Department of Transportation (“TxDOT�) owns and operates a low water crossing where FM 1350 crosses over the Guadalupe River (hereinafter “Government Crossing�). Government Crossing consists of three man-made box culverts that divert water under the road, which is paved over the culverts. In the days leading up to July 3, 2004, the area experienced persistent rain that led to flo

The City of Fort Worth (the City) appeals the trial court=s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellee Audrey Robinson. We hold the City conclusively established its employee=s official immunity from suit, thereby establishing the City=s governmental immunity. We reverse the trial court=s order and dismiss this cause for lack of subject-matter jurisdiction

Dr. DePree, a tenured professor, sued the University of Southern Mississippi’s president and various administrators and faculty members (“Appellees�) after he was removed from teaching duties in August 2007 and evicted from his office in the College of Business. The district court granted summary judgment in favor of the Appellees and denied DePree’s motion for temporary and permanent inju

We decide in this case whether the Housing Authority of Baltimore City (“HABCâ€�) enjoys governmental immunity from suits in tort if it has exhausted the limits of its commercial insurance policy in payment of prior claims. The case comes to us from the grant of summary judgment in favor of the HABC, the respondent, in a lead paint action brought by the petitioner, Devonte A. Brooks (“Brooksâ€

13 Three prosecutors of Monroe County appeal from denial
14 of their motion for absolute or qualified immunity by the
15 United States District Court for the Western District of New
16 York (Larimer, J.) in a suit alleging that the exculpatory
17 result of post-trial DNA testing, conducted by the district
18 attorney’s office while defending habeas and other
19 initiative

In the second appearance of this case here, the question is whether the trial court abused its discretion in granting a motion for a new trial, after a remand from this court instructing the trial court to address the motion. Jennings v. Jones (Jennings II), 499 F.3d 1 (1st Cir. 2007). There was no abuse of discretion and we affirm.

I.

Plaintiff Adam Jennings, an employe

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney.

This case concerns a landlord's liability for harm to a tenant's guest caused by the dangerous condition of a tenant improvement to leased property. Plaintiff was seriously injured when he fell while descending stairs to the entrance of a manufactured dwelling. The dwelling was situated in a leased space in a mobile home park. Plaintiff filed negligence claims against Archuleta, the owner of th

In this ongoing action under 42 U.S.C. § 1983, a previous panel of this court determined that various material factual disputes remained regarding the constitutionality of the near two-hour early morning detention of Melissa Harman and Justin Overton (or the “Plaintiffs�), and the corresponding after-midnight searches of their garage apartment conducted by officers who worked for the Utah Dep

Lee‟s Summit Honda (Honda) appeals the judgment denying its motion to compel Ms. Ashlee Ruhl to arbitrate her individual claims against it. Ms. Ruhl filed a class action against Honda, seeking damages for its unauthorized practice of law, section 484.020,1 and its deceptive practices connected with the sale of merchandise under the Missouri Merchandising Practices Act (MPA), sections 407.010-407

In this governmental immunity highway exception case, defendant Michigan Department of Transportation (MDOT) appeals as of right the trial court’s order denying MDOT summary disposition under MCR 2.116(C)(7). This case arises out of a single motor vehicle accident in which plaintiff Jerome Plunkett’s wife, decedent Holly Marie Plunkett,1 died after losing control of her vehicle, causing her ve

This case arises from the fatal shooting of DeAunta Farrow and seizure of Unseld Nance by two police officers in West Memphis, Arkansas. The families of Farrow and Nance brought this action under 42 U.S.C. § 1983 and state law against the two officers, as well as the chief of police, the mayor, and the city, alleging in particular excessive force and unreasonable seizure in violation of the Fourt

In this lawsuit alleging violations of 42 U.S.C. § 1983, Appellant Steve Rievley, a Dayton City police officer, appeals the denial of his motion for summary judgment on claims made by Appellee Roy Denton. Rievley claims that he should have been granted summary judgment on Denton’s “warrantless arrest� claim because he is entitled to qualified immunity. We

AFFIRM.

I. BACKGROUND

¶1 In this malicious prosecution action, Plaintiff, Dr. Michael Peterson, appeals a dismissal granted to Defendant, Charles Snider, and a summary judgment granted to Snider's attorney, Defendant Ken Ray Underwood and the law firm of Ken Ray Underwood, P.C.(collectively, Underwood). We affirm.1

FACTS

¶2 This litigation began when Snider, a truck driver, suffered a job-related injury

In this case, we must address whether Section 12-303(3)(ix) of the Courts and Judicial Proceedings Article, Maryland Code (1974, 2006 Repl. Vol.),1 permits an appeal of an order denying a motion to compel arbitration, in a case in which the circuit court judge also expressly denied a motion to certify the denial as a final judgment. We will answer that question in the negative, shall vacate the ju

ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT

In this copyright-infringement action, plaintiff Apple, Inc. and defendant Psystar Corporation have filed cross motions for summary judgment. For the following reasons, Apple’s motion is GRANTED and Psystar’s motion is DENIED.

STATEMENT

Plaintiff Apple Inc. launched its Macintosh computer in 1984 and its Mac OS X operating system

This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse. In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the

This appeal arises from a dispute between Gebhardt & Smith LLP (“Gebhardt & Smith�), appellant, and the Maryland Port Administration (“MPA�), appellee, over a lease (“Lease�) for office space in the Baltimore World Trade Center (“WTC�). The Lease required that the tenant, Gebhardt & Smith, pay to the landlord, the MPA, base rent plus a proportional share of the building’s operati

Tim Reisch (Reisch) and Duane Russell (Russell) appeal the district court’s1 denial of their motion for summary judgment claiming qualified immunity. Mary E. Petersen (Petersen) filed this pro se lawsuit against Reisch and Russell alleging, among other things, Reisch and Russell were deliberately indifferent to her serious medical needs. On March 20, 2008, the district court granted Petersen’s

Matthew Miller appeals from the district court’s order denying him qualified immunity against Samuel Rhoads’ 42 U.S.C. § 1983 claim that Deputy Miller subjected him to excessive force while booking him into the Big Horn County Jail. We affirm.

Background

On December 1, 2005, Deputy Ben Mayland responded to a complaint that a drunken man in a wheelchair – Mr. Rhoads – was thr

Plaintiff-Appellant Lisa Nicole Bridges appeals from summary judgment in favor of Defendant-Appellee Deputy Brandon Yeager on her civil rights claims. 42 U.S.C. § 1983. Ms. Bridges sued the deputy solely in his individual capacity for compensatory and punitive damages claiming that (1) he used excessive force while arresting her, and (2) he falsely arrested her for assault and battery on a police

Plaintiff-Appellant Robert Norse was ejected from two meetings of the Santa Cruz City Council, one in 2002 and one in 2004. He filed this 42 U.S.C. § 1983 action against the City and its Mayor and Council members alleging violation of his First Amendment rights. In a 2004 unpublished, nonprecedential disposition, we unanimously upheld the validity of the Council rules that were being enforced at

This action arises from the tragic shooting by police officers of a fifteen-year old boy, Brandon McCloud, in his own bedroom. While conducting a protective sweep of a home in the early-morning darkness prior to executing a search warrant, the officers encountered a male suspect hiding in a bedroom closet. When they ordered him to come out and show his hands, the suspect came toward the officers w

Plaintiff-Appellant Memphis Biofuels, LLC appeals the dismissal of its suit against Defendant-Appellee Chickasaw Nation Industries, Inc. for lack of subject-matter jurisdiction. Because we agree with the district court that Chickasaw Nation Industries, Inc. enjoys tribal-sovereign immunity, we AFFIRM.

I. BACKGROUND

Memphis Biofuels, LLC (“MBF�) is a biodiesel refining company

Bret “Doc� Berkman filed suit against the City of Keene alleging that the City was obligated to furnish water and sewer services to his property at no charge under an agreement between the City and Berkman’s predecessors in title. The trial court granted the City’s summary-judgment motion. On original submission, we reversed the judgment and remanded this cause for further proceedings.