The United States and the State of Missouri filed this enforcement action against the Metropolitan St. Louis Sewer District (District) under the Clean Water Act (Act), 33 U.S.C. § 1251 et seq. (2009). They seek federal civil penalties and injunctive relief to limit discharges of untreated wastewater and sewage by the District. The District raised several affirmative defenses claiming financial i

Grand River Enterprises Six Nations, Ltd., and Heber Springs Wholesale Grocery, Inc. (collectively "appellants") allege that Arkansas Code Annotated § 26- 57-261 ("Allocable Share Amendment") violates the Sherman Act and various sections of the United States Constitution and the Arkansas Constitution. Mike Beebe, in his official capacity as Attorney General for the State of Arkansas ("the State")

Detective Dale Rogers made a decision permitted by Idaho law to remove temporarily a sick infant from the custody of her parents in order to secure a medical diagnostic test and prophylactic treatment, procedures which pediatric doctors advised Rogers were both necessary and within the standard of care for the infant’s situation. At the time, the child had been taken to St. Luke’s hospital in

Based solely on statements by a four-year-old that she had been sexually abused when she was three, Everett Police Detective Jon Jensen seized and interrogated plaintiff Paul Stoot II for almost two hours in the principal’s office at Paul’s school. Near the end of the interrogation, Paul stated that he had molested the victim three times. The confession was then used to file criminal charges a

On April 4, 2006, decedent, Charles Christopher Gaston, age 17, was killed while descending a public parking garage stairwell when a stair stringer collapsed and, as a consequence, a staircase fell on him from above. On April 11, 2006, plaintiff, decedent's father Charles Gaston, Jr., filed a complaint alleging negligence and willful and wanton misconduct against defendant, the City of Danville (h

We are asked to decide whether law enforcement officers may remain in a home absent probable cause when consent to enter is granted but later revoked. We also consider whether the Fourth Amendment permits detention of an individual for the duration of an investigation based on a police hunch that the individual may provide aid to a suspect if allowed to leave police custody. Our jurisdiction arise

This case requires us to decide how deeply into the arbitral process a court should insert itself, once the proceeding is underway. Petitioner Well- Point Health Networks and affiliated companies (collectively, “WellPoint”) prevailed in an arbitration proceeding and later petitioned the district court for confirmation of the award. The district court obliged, and now John Hancock Life Insuranc

Dytaniel McBride sued police officer Brian Grice and the City of Peoria, Illinois, under 42 U.S.C. § 1983 and state law, for events stemming from an allegedly unlawful arrest. A magistrate judge, proceeding with the parties’ consent, granted summary judgment for the defendants. The judge concluded that the undisputed evidence established that Grice had probable cause to arrest McBride for batte

This litigation has a long and complicated history. The eleven claimants (the “Plaintiffs”) include Arthur and Glenda Creech, Darlene Reinier, Vicki Sue Jacobs, Joann Wolfe, Claude and Deborah Hatfield, Wayne and Alice Martin, and Brent and Marvin Chitwood, Jr., the latter two of whom were doing business as Triad Partners.1 Years ago, each of the Plaintiffs invested in an illfated real estate

The present appeal comes to this Court by way of discretionary review from an action asserting negligence brought by Appellees, Orville Green, Catherine Green and Green's Motorcycle Salvage, Inc., against Appellants, Caneyville Volunteer Fire Department (hereinafter CVFD), the City of Caneyville and CVFD Fire Chief, Anthony Clark. At the outset, we note that the City of Caneyville was entitled to

In United States Fidelity 8s Guaranty Company v. Technical Minerals, Inc . , 934 S.W .2d 266 (Ky. 1996), the court held that a company that contracted with a temporary labor service for temporary employees was a contractor for the purposes of Chapter 342. Thus, KRS 342.690(1) immunized the contractor from a temporary employee's tort action. This case presents the converse situation . It concerns w

{¶ 1} The primary issue before us is whether the plaintiffs-appellants, John and June Roe, individually and as parents of Jane Roe, a minor, are entitled to discover confidential abuse reports and medical records of nonparties in a private action for damages. A related predicate issue is whether a plaintiff is entitled to seek punitive damages for a breach of the duty to report suspected child ab

Plaintiff, Adriana Lee, as Personal Representative of the Estate of Rufus Young, Jr., appeals as of right the trial court’s November 13, 2007 order granting defendants Detroit Medical Center (DMC), Children’s Hospital, Dr. Ahm Mahbobul Huq, Dr. Jayshree Rao, and Dr. Vince Truong summary disposition and dismissing plaintiff’s statutory liability claims against them without prejudice. Defendan

Defendant Ahrens Construction, Inc., appeals by right the judgment entered after bench trial for plaintiff Miller-Davis Company on its breach of contract claim. Plaintiff cross-appeals the trial court’s entry of a judgment of no cause of action on plaintiff’s claim for contractual indemnity of the amount awarded for breach of contract and its attorney fees for this action. Defendant argues tha

In this appeal and cross-appeal, we address whether qualified immunity can extend to shield private actors from civil liability in a 42 U.S.C. § 1983 action and, if not, whether alleged evidentiary errors and attorney misconduct that occurred during trial on the § 1983 claim warrant a new trial. In addition to the qualified immunity and alleged trial error issues, we decide whether punitive da

Camarie Mangum appeals the district court’s determination that her action against Bonneville Billing & Collections, Inc. (“Bonneville”), under the Fair Debt Collection Practices Act (“FDCPA”)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di

Plaintiff-Appellant Terrence Bressi is a non-Indian who filed this action against four officers of the Tohono O’odham Police Department (“Tribal Police Department”) and the United States after he was stopped and cited at a roadblock on a state highway crossing the Tohono O’odham Nation Indian Reservation. Defendant Officers Michael Ford, Eric O’Dell, and George Traviolia all had some con

This is an appeal from the denial of appellant City of Elsa's (the City) plea to the jurisdiction and the granting of summary judgment in favor of appellee Joel Homer Gonzalez. By three issues, the City contends that the trial court erred in denying its plea because Gonzalez failed to establish jurisdiction under the Texas Whistleblower Act, the Texas Public Information Act, (1) and the Texas Ope

Kevin Schronk and his son Dustin filed a wrongful death suit against the City of Burleson and Laerdal Medical Corporation after emergency medical technicians employed by the City were unable to resuscitate Helen Schronk with an automatic external defibrillator (AED) manufactured by Laerdal. The trial court granted the City’s plea to the jurisdiction and Laerdal’s summary-judgment motion. The

The Hardin County Sheriff's Department ("the County") appeals the denial of its plea to the jurisdiction in a tort suit filed by Justin W. Smith. We reverse the order and render judgment dismissing the case.

Smith's petition alleged he was the victim of mistaken identity. Smith alleged he entered an Austin office of the Texas Department of Public Safety ("DPS") to renew his driver's license

The Employees Retirement System of Texas ("ERS") brought suit against appellees Putnam, LLC, d/b/a Putnam Investments; Putnam Investment Management, LLC ("PIM"); and Putnam Advisory Company, LLC ("PAC") for fraud, fraudulent inducement, breach of contract, negligent misrepresentation, and tortious interference with prospective business relations. (1) The trial court disposed of ERS's claims by gra

In a single issue, appellant Arlo L. Schriver as trustee of the Schriver Family Trust (the Trust) asserts that the trial court erred in granting the plea to the jurisdiction filed by appellee the Texas Department of Transportation (TxDOT). We affirm.

I. Background

The Trust owns approximately .251 acres of land in Tarrant County (the Proper

The trial court granted summary judgment for Appellee Dallas/Fort Worth International Airport Board, a Political Subdivision of the City of Dallas and the City of Fort Worth (ADFW@) (Appellee claims that it is actually a unit of local government, not a subdivision) on the premises liability action brought by Appellant Lottie Hunnicutt. In two issues, Hunnicutt argues that she was an invitee while

In this interlocutory appeal, appellant, the City of Corinth (the City), challenges the trial court=s denial of its plea to the jurisdiction on sovereign immunity grounds against claims asserted by appellees NuRock Development, Inc., NuRock Corporation, NDG-Tower Ridge 1, LLC, and Tower Ridge Corinth 1, Ltd. (collectively, NuRock). We affirm in part and reverse and dismiss in part.

I. Bac

[¶1] In this appeal, we are called upon to consider three interrelated aspects of this case. All three matters arise out of the same set of factual circumstances which, in brief, are that Jose Loredo was seriously injured on August 14, 2002, when tons of rock fell on him in a Sweetwater County trona mine. At the time of the incident, Loredo was operating a roof bolting machine manufactured by Joy