[¶1.] Monny Truman (Truman), individually and as special administrator of his wife Patricia’s estate, and Steven and Dee Ann Rounds1 sued Darren Griese (Griese), in his official capacity as South Dakota Department of Transportation (DOT) Pierre Region Traffic Engineer, and employees of the DOT as John Does after a car accident forty miles west of Pierre. Griese moved for summary judgment based

Linda McLean ("Appellant"), trustee of the Robert T. McLean Irrevocable Trust ("the trust") and mother of trust beneficiary Robert McLean ("Beneficiary"), brought various tort claims against several predecessor trustees and attorney J. Michael Ponder ("Respondent"), the "Trust Protector," alleging they had improperly administered the trust and depleted its assets. Respondent filed a motion to dism

Carl Cook filed this 42 U.S.C. § 1983 action against thirty-four individuals, most of whom were members of an Arkansas State Police (ASP) SWAT team or the Fifth Judicial Drug Task Force (DTF), and he claimed, in relevant part, that they used excessive and unreasonable force in the execution of a no-knock search warrant at his home on July 13, 1999, needlessly and maliciously damaging his residenc

This case presents the flip side of Sussex Tool & Supply, Inc. v. Mainline Sewer and Water, Inc., 231 Wis. 2d 404, 605 N.W.2d 620 (Wis. App. 1999). Sussex Tool held that the complainant’s business establishment was not a third-party beneficiary to a road construction contract since it was only incidentally located near the project like every other business on that street. Id. at 409. But here, t

These consolidated actions, for injury and damages under 42 U.S.C. § 1983, arise from a shooting incident initiated by Defendant-Appellant John Huff (“Officer Huff” or “Huff”) on April 4, 2005. Plaintiffs-Appellees Candice R. Sulfridge and Adam T. Davis (collectively, “Plaintiffs”) claim that Officer Huff used excessive force in violation of their rights under the Fourth, Fifth, and F

This case involves the enforcement of municipal ordinances forbidding any person, with certain exceptions, from selling goods or merchandise on the streets, in the parks, or on other city property against a visual artist selling his own work.1

I. Background

According to the first amended complaint, which for purposes of this appeal of the grant of a motion to dismiss we assume to be

In 2007, the United States Department of Housing and Urban Development (“HUD”) terminated its contractual relationship with Normandy Apartments. Pursuant to this contract, Normandy had received financial subsidies for making housing available to low-income tenants who were qualified to receive assistance under the Section 8 federal housing program. Normandy sought injunctive and declaratory re

Plaintiff-Appellant, Teton Millwork Sales (“TMS”), appeals from the district court’s order granting Defendant-Appellee Roger Schlossberg’s motion to dismiss the action based upon absolute judicial immunity and lack of personal jurisdiction. As Mr. Schlossberg now consents to personal jurisdiction, Aplee. Br. at 1, the issue on appeal is whether the district court properly dismissed the cla

Appellants Craig and Wendy Humphries are living every parent’s nightmare. Accused of abuse by a rebellious child, they were arrested, and had their other children taken away from them. When a doctor confirmed that the abuse charges could not be true, the state dismissed the criminal case against them. The Humphries then petitioned the criminal court, which found them “factually innocent” of

This is an appeal from the district court’s denial of Nurse Renella Thomas’ motion for summary judgment on qualified immunity grounds. Plaintiff Kelli Bertl, representative of the estate of Larry Bertl, brought a 42 U.S.C. § 1983 claim against Thomas and other defendants, alleging deliberate indifference to Bertl’s medical needs. The district court rejected Thomas’ qualified immunity defe

This interlocutory appeal arises from a suit by Plaintiffs-Appellees Wayne and Mabelle Jaggers and Speedway SuperAmerica LLC. Plaintiffs brought suit under 42 U.S.C. § 1983 against Defendants-Appellants City Council Members Stacey Graus, William Rachford, Bobbi Jo Farmer and Barbara Weber (collectively, “Council Members”) in their individual and official capacities, alleging, inter alia, that

In this accelerated interlocutory appeal, Galveston Independent School District (Athe District@) challenges the denial of its plea to the jurisdiction. The District claims sovereign immunity from a lawsuit in which Brent Jaco alleges that the District took adverse personnel action against him in violation of the Texas Whistleblower Act. Because the District failed to present arguments that, if

Appellee, Glenn Colquitt was employed by Volt Telecom. On or about December 15, 2005 appellee was working at the Brazoria County jail installing telephone cable when the floor in the jail=s second story equipment room collapsed. Appellee fell through the floor allegedly suffering severe and permanent injuries in the process.

On February 9, 2006, appellee filed suit against appellant asser

In this accelerated interlocutory appeal, police officers Dan Turner and Henry Bonaparte challenge the trial court=s denial of their assertions of qualified and official immunity. Appellee Troy Perry sued appellants, his former supervisors, alleging that they took adverse employment actions against him and slandered him in retaliation for his official complaint accusing them of unlawful conduct.

Janice Lee and her husband, Bob Lee, appeal the trial court's order granting summary judgment in a lawsuit brought by the Lees against Terry Loftin. The Lees raise six issues on appeal. We reverse and remand.


Background

The Lees filed a lawsuit against Loftin for injuries Janice Lee sustained while riding one of Loftin's horses on a trail ride with Loftin. Loftin filed a traditio

We are asked whether the discretionary function exception of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5148, bars a suit based on the federal government’s handling of relief efforts in the aftermath of Hurricane Katrina. Plaintiffs allege that the federal government’s violations of various provisions of the National Response Plan render the United States

This appeal arises from State Farm Fire and Casualty Company and State Farm General Insurance Company’s (together “State Farm”) conversion of certain Louisiana homeowner insurance policy forms, namely State Farm’s forms HO-1, HO-3, and HO-5, to form HO-W, upon each existing policy’s expiration and renewal by the policy holder. See La. Rev. Stat. Ann. § 22:635.4 (“Section 22:635.4”).

This class action securities fraud lawsuit arises out of improper accounting by Royal Ahold, N.V., a Dutch corporation, and U.S. Foodservice, Inc. ("USF"), a Maryland-based Ahold subsidiary. The misconduct of Ahold and USF is not disputed in this appeal; at issue is the liability of Ahold’s accountants, Deloitte & Touche LLP ("Deloitte U.S.") and Deloitte & Touche Accountants ("Deloitte Netherla

State governments and their subsidiary units are immune from suit in federal court under the Eleventh Amendment. We have held that Pennsylvania’s judicial districts are arms of the state entitled to Eleventh Amendment immunity. Benn v. First Judicial Dist. of Pa., 426 F.3d 233, 240 (3d Cir. 2005). This immunity is not absolute, however. Under the Rehabilitation Act, States waive their immunity w

Faced with competing claims to the proceeds of a $100,000 life insurance policy, Prudential Insurance Company of America filed an interpleader complaint against the claimants, seeking to deposit the disputed sum with the District Court and withdraw from the proceedings. One of the claimants, Robert C. Hovis, then counterclaimed, alleging that Prudential had acted negligently and in bad faith in it

The plaintiff, Robert J. Kelly, appeals from the judgment of the trial court granting the motion to dismiss filed by the defendant,2 the University of Connecticut Health Center. The plaintiff claims that the trial court improperly concluded that:

(1) his claim against the state, alleging medical malpractice and lack of informed consent in connection with his surgery for kidney stones and ch

Decades after working on projects in various premises owners' buildings, an independent contractor's employee developed asbestosis, the cause of which the employee claimed arose from exposure to asbestos while working in the various buildings. Assuming that asbestos exposure occurred on the premises as the employee claimed, under what circumstances can the premises owners be held liable for the em

This consolidated appeal arises from two separate actions for declaratory relief filed by appellant, Indian Harbor Insurance Company (“Indian Harbor”), to determine whether its insured, Brant Williams d/b/a Star Roofing Corporation (“Williams”), was entitled to coverage for negligence claims brought against him by his employees, Eddie Brown and Samuel Moore, for injuries they sustained wit

Appellants Craig and Wendy Humphries are living every parent’s nightmare. Accused of abuse by a rebellious child, they were arrested, and had their other children taken away from them. When a doctor confirmed that the abuse charges could not be true, the state dismissed the criminal case against them. The Humphries then petitioned the criminal court, which found them “factually innocent” of

In this action for breach of contract, we are asked to determine whether a construction contractor may recover lost profit damages from the breaching party that are attributable to impaired bonding capacity. Petitioner, Denny Construction Inc. ("Denny"), and Respondent, the City and County of Denver acting through its Board of Water Commissioners (the "Board"), brought breach of contract claims ag