Stevie Arthur Mills v. Major Connors, in her official and individual capacities, as a Denver Deputy Sheriff; SGT. SHANNON, in his official and individual capacities as a Denver Deputy Sheriff; DEPUTY ESPINOSA, in his official and individual capacities as a Denver Deputy Sheriff |
Plaintiff-Appellant Stevie (Arthur) Mills filed this claim under 42 U.S.C. § 1983 after state officials employed by the Denver Sheriff Department failed to escort him to a courtroom in which he had been scheduled to appear. The district court entered summary judgment in favor of the defendants. We have jurisdiction under 28 U.S.C. § 1291, and we AFFIRM. |
Margaret Forsberg v. Edward Hospital and Health Services |
Plaintiff, Margaret Forsberg, sued defendants, Edward Hospital and Health Services (Edward Hospital) and David J. Piazza, M.D. (defendant), for medical malpractice. The basis of plaintiff |
In Re: Ingersoll, Inc., et al. Appeal of: Baiser & Miller, P.C. |
Although many have tried to put a stake through the heart of this fee dispute which refuses to die, all have failed to do the trick. We, as the sixth forum to take a stab at it, are next in line. Now creeping along as a bankruptcy appeal, the case is here after stops at the District of Columbia Bar Attorney/Client Arbitration Board, the Superior Court of the District of Columbia, the Superior Cour $0 (04-17-2009 - IL) |
Rakesh Wahi v. Charleston Area Medical Center, Inc., et al. |
Rakesh Wahi, M.D., appeals the district court’s judgment dismissing his numerous state and federal claims brought against Charleston Area Medical Center, Inc. ("CAMC") regarding the suspension of his medical privileges. The district court concluded most of Wahi’s claims were barred because CAMC qualified for immunity from suit under the Health Care Quality Improvement Act ("HCQIA" or "the Act" $0 (04-10-2009 - WV) |
Mark Henry v. Lake Charles American Press LLC; Lake Charles American Press, Inc; Shearman Co., LLC; Shearman Corp; Hector San Miguel |
In the forty-five years since the Supreme Court’s decision in New York Times Co. v. Sullivan, 376 U.S. 254 (1964), courts and legislatures have endeavored to strike a balance between individuals’ interests in their reputation and the public interest in free and robust debate. The resulting interplay of defamation law and the First Amendment has substantially lessened the chilling effect of abu $0 (04-16-2009 - LA) |
Sara Realty, LLC v. Country Pond Fish and Game Club, Inc. |
The petitioner, Sara Realty, LLC (Sara Realty), appeals an order of the Superior Court (Lewis, J.) granting summary judgment to the respondent, Country Pond Fish and Game Club, Inc. (Country Pond), based upon its conclusion that RSA chapter 159-B (Supp. 2008) barred the petitioner’s action and was not unconstitutional. We affirm. |
Georgia Department of Transportation v. Heller, et al. |
The facts underlying these consolidated cases show that, Ed Heller’s wife, Patricia, was killed when the taxi in which she was riding spun out of control on a rain-slick interstate highway and hit a tree. Heller, individually and as administrator of his wife’s estate (hereinafter collectively “Heller”), filed suit against the taxicab driver and the cab company that the driver worked for.1 $0 (03-23-2009 - GA) |
Tommy Reed v. City of St. Charles, Missouri |
Tommy Eugene Reed appeals from an adverse grant of summary judgment by the District Court1 in this civil rights action brought under 42 U.S.C. § 1983 against Officers Richard Fischer, James Schweppe, and William Witterholt (collectively, the Officers); the City of St. Charles, Missouri; the St. Charles Police Department; Mayor Patricia York; Police Chief Timothy Swope; and Field Operations Comman $0 (04-07-2009 - MO) |
City of Sterling Heights, Micigan v. United National Insurance Co. |
This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United’s liability for a portion $0 (03-31-2009 - MI) |
Michael LeBlanc v. Detective C.D. Riley |
Appellant Michael LeBlanc appeals the trial court=s order granting appellee Detective C.D. Rileys (sic - The Second District of Texas publishes its reports with various and sundry symbols substituted for the intended ones.) first amended motion for summary judgment. In three issues, appellant contends that the trial court generally failed to follow Texas summary judgment principles, erred in its $0 (04-02-2009 - TX) |
City of Richmond v. Delia Garcia Rodriguez |
This suit arises from injuries sustained by appellee, Delia Garcia Rodriguez, as a result of a collision with a police car. Appellant, the City of Richmond, appeals the trial court’s denial of its plea to the jurisdiction in favor of Rodriguez. In two issues on appeal, the City argues that the trial court erred in denying its plea to the jurisdiction because the City’s immunity was established $0 (04-05-2009 - TX) |
Russell Bruesewitz v. Wyeth Inc. f/k/a Wyeth Laboratories, Wyeth-Ayerst Laboratories, Inc. Wyeth Lederle, Wyeth Lederle Vaccines and Lederle Laboratories |
This appeal presents three questions related to the National Childhood Vaccine Injury Act: (1) whether the Act preempts all design defect claims against the manufacturer of a vaccine; (2) whether the plaintiffs demonstrated that the manufacturer failed to adequately warn the plaintiffs of the risks associated with the vaccine; and (3) whether the plaintiffs provided sufficient evidence of a manufa $0 (04-03-2009 - PA) |
Leonard McSherry v. City of Long Beach, Long Beach Police Department; Norman Turley, Officer; Carthel S. Roberson |
This case is before us for the second time.1 In this appeal, Leonard McSherry appeals the district court’s order granting summary judgment on the ground of qualified immunity to the City of Long Beach (“City”), Long Beach Police Department (“LBPD”), Officer Norman Turley, and Sergeant Carthel S. Roberson. The allegations in this case stem from a kidnaping, rape, and molestation that occu $0 (03-31-2009 - CA) |
Richard Chaklos and Andrew West v. Kathleen Stevens, Michael Sheppo, Donna Metzger, and Susan Vondrak |
When Richard Chaklos and Andrew Wist discovered that the State of Illinois was going to pay an out-of-state organization $750,000 to train forensic scientists without first soliciting competitive bids, they decided to take action and try to save the taxpayers some money. They submitted a letter protesting the State’s decision not to solicit bids and proposing to provide the same training service $0 (03-31-2009 - IL) |
Opal Harger, et al. v. Department of Labor, National Institute of Occupational Safety and Health |
Attorney Tom H. Foulds appeals the district court’s denial of his motion for a preliminary injunction and for an equitable lien for attorney’s fees, which he based on the “common fund doctrine.”1 Foulds had brought an administrative petition before the Department of Labor (“DOL”) and the National Institute for Occupational Safety and Health (“NIOSH”) on behalf of several individual $0 (03-30-2009 - WA) |
Safwat Kamel v. Tiffany Sotelo, M.D. |
Appellant, Safwat Kamel, appeals from a judgment dismissing his health-care-liability suit and related claims against appellee, Dr. Tiffany Sotelo. We determine whether the trial court erred in granting Sotelo's motion to dismss the claims against her under Texas Civil Practice and Remedies Code section 101.106, specifically, under section 101.106(f). See Tex. Civ. Prac. & Rem. Code Ann. § 101.1 $0 (03-27-2009 - TX) |
Hector Adames, Jr. v. Michael F. Sheahan v. Beretta U.S.A. Corporation |
On May 5, 2001, William (Billy) Swan accidentally shot and killed his friend Joshua (Josh) Adames while playing with his father’s service weapon. At the time, Billy’s father, David Swan, was employed by the Cook County sheriff’s department as a correctional officer. Plaintiffs, Hector Adames, Jr., and Rosalia Diaz, as co-special administrators of the estate of Josh Adames, filed suit against $0 (03-19-2009 - IL) |
Trent Marion v. The City of Corydon, Indiana |
Plaintiff Trent Marion brought this action under 42 U.S.C. § 1983 against the City of Louisville, the City of Corydon, the City of New Albany, the County of Harrison, and several officers from those jurisdictions and from the Indiana State Police. He alleged that the law enforcement officers and government entities violated his Fourth Amendment rights by using excessive force against him in conne $0 (03-23-2009 - IN) |
Christa Walters and Rick Walters v. Chad Stafford and Gerald Martin |
Defendants City of Hamilton Police Lieutenant Gerald Martin and Officer Chad Stafford appeal the order of the district court, which denied in part their motion for summary judgment. Pursuant to 42 U.S.C. § 1983, plaintiffs Rick and Christa Walters claimed, inter alia, that: both defendants unreasonably seized Rick Walters in violation of the Fourth Amendment and retaliated against Rick Walters fo $0 (03-18-2009 - OH) |
Antwan Bynum v. The Nash-Rocky Mount Board of Education |
Where the clear and unambiguous language of defendant's insurance policy defined “damages” to include interest as authorized by North Carolina statutory law, the trial court erred in concluding that interest on plaintiffs' judgment was prohibited by North Carolina case law. |
Boyce & Isley, PLLC, et al. v. Roy A.Cooper, III, The Cooper Committee, Julia White, Stepehn Bryant and Kristi Hyman |
Defendants North Carolina Attorney General Roy A. Cooper, III, his campaign committee for the 2000 election for North Carolina Attorney General (the “Cooper Committee”), and three employees of the Cooper Committee, Julia White, Stephen Bryant, and Kristi Hyman, (hereinafter, collectively referred to as “defendants”), appeal from an interlocutory order entitled “Order, Following In Camer $0 (03-24-2009 - NC) |
Blake H. Moore, M.D. v. Williamsburg Regional Hospital, et al. |
In this case, a physician brings multiple state law and federal due process claims against a hospital and its officials for suspending his staff privileges based on allegations that he had sexually abused his adopted daughter. While the scope of immunity under the Health Care Quality Improvement Act, 42 U.S.C. § 11101 et seq., certainly has limits, we think the immunity attaches to defendants und $0 (03-19-2009 - SC) |
Kim L. Johnson v. Angela Walton |
This appeal arises from a 42 U.S.C. § 1983 complaint filed by appellees-plaintiffs Kim L. Johnson (“Kim”) and Sun Min Lee (“Sun Min”), in which they were awarded damages from appellant-defendant Officer Angela Walton (“Officer Walton”) for an illegal search and seizure of their personal property from their home and alleged detention in violation of the Fourth and Fourteenth Amendments $0 (03-19-2009 - CA) |
Jami Schmidt v. City of Bella Villa |
Jami Neco Schmidt filed this claim for damages under 42 U.S.C. § 1983 and Missouri’s strip search law, Mo. Rev. Stat. § 544.193. She brought claims against the City of Bella Villa, Missouri, and Chief of Police Edward Locke, Jr. in connection with the alleged post-arrest photographing of her tattoo. She appeals from the district court’s1 entry of summary judgment on each of her claims and fr $0 (03-02-2009 - MO) |
Susan Vaughn v. Christopher Gray |
Appellee, Susan Vaughn, commenced this action under 42 U.S.C. § 1983, contending that Appellants were deliberately indifferent to the serious medical needs of her brother, Phil Blount, which resulted in his death. Appellants, several officers and employees of the Greene County, Arkansas Sheriff’s Department, moved for summary judgment based on qualified immunity, which was denied by the distric $0 (03-06-2009 - AR) |
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