Rajeanna Dixon, an investigative assistant for the Oklahoma Board of Veterinary and Medical Examiners (“OBVME”), lost her job partly because she discussed OBVME’s investigation of a dogfighting ring with a member of the veterinarian trade association. She brought a § 1983 action against OBVME and her supervisor, Cathy Kirkpatrick, alleging that she had been fired in violation of her constit

Matthew Fisher, an Albuquerque Police Department officer, asserts he is entitled to qualified immunity from a claim brought by Benjie Lorenzo Cardenas and Viola Prieto for constitutional violations under 42 U.S.C. § 1983. Fisher appeals from a district court order denying his summary judgment motion. While we have jurisdiction to review interlocutory appeals under 28 U.S.C. § 1291, this jurisdic

John Gorman tried to buy a satellite television system using his credit card, issued by MBNA America Bank. He was unsatisfied with the system purchased, and lodged a challenge with MBNA to dispute the charge. Unhappy with MBNA’s response, Gorman instituted this lawsuit against MBNA, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x, libel, and violations of Cal. Civ

Plaintiff-Appellant Kaiser Foundation Health Plan, Inc. (“Kaiser”) sued Defendants-Appellees Abbott Laboratories (“Abbott”) and Geneva Pharmaceuticals (“Geneva”) for violations of the Sherman Antitrust Act and analogous provisions of California law. Kaiser brought a claim under Section One of the Sherman Act against both Abbott and Geneva, and a claim under Section Two against only Abb

We must determine whether Steve Cooley, Steven Sowders, Curt Livesay, Anthony Patchett, and Curtis Hazell (collectively, the “Defendants”) are entitled in their individual capacities to qualified immunity in this § 1983 First Amendment retaliation case.1 Resolving this question involves, in part, David Eng’s claim that he was retaliated against by the 1Eng’s complaint also identifies as d

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

Angela Phelps (Phelps) and Lynn Dill (Dill) appeal a judgment dismissing a wrongful death claim against the City of Kansas City, Missouri, (City) for failure to state a claim upon which relief can be granted. They argue that their petition sufficiently avers each and every element of statutory waiver of the City’s sovereign immunity so as to state a viable cause of action. Because the sole basis

Appellants-Plaintiffs Donald J. Lindsey and Jacquelyn Lindsey (collectively, “the Lindseys”) appeal from the trial court‟s order granting summary judgment in favor of Johannes DeGroot, Egberdien DeGroot, and DeGroot Dairy, LLC (collectively, “DeGroot Dairy”). On appeal, the Lindseys contend that the trial court incorrectly interpreted and applied the Indiana Right to Farm Act to the fact

This is an appeal from an order granting a plea to the jurisdiction in favor of appellees, Cameron County and Cameron County Irrigation District No. 2 ("the County"). By three issues, appellants, Maria Rodriguez, individually and as representative of the estate of Saul Villafranco, and Ramiro Rios, individually and as representative of the estate of Eliseo Rios ("collectively Rodriguez") raise th

Upon consideration of the record, briefs, and argument of counsel, the Court is of the opinion that there is reversible error in the judgments of the circuit court.

In these consolidated appeals, each appellant asserts that the trial court erred in holding that Eastern Virginia Medical School Academic Physicians and Surgeons Health Services Foundation ("EVMS Health Services Foundation") a

{¶1} Tiffanie Scott sued the city of Cincinnati and one of its police officers, Mark Longworth, for injuries she sustained when Longworth shot at a gunman. Officer Longworth now appeals the trial court’s decision denying summary judgment on his claim of immunity from liability under R.C. Chapter 2744. We reverse the judgment of the trial court.

I. The Shooting

{¶2} At about 2:00

In this case, we are asked to determine when a governmental employee is immune from liability for an intentional tort. We hold that MCL 691.1407(3) of the governmental tort liability act (GTLA), which explicitly maintains “the law of intentional torts as it existed before July 7, 1986,” grants immunity to governmental employees from intentional-tort liability to the extent allowed by the commo

Appellant, Charlene Bifulco appeals from a final summary judgment entered in favor of her former employer, Patient Business & Financial Services, Inc., on her complaint alleging that PBFS violated Florida's Private Whistle Blower Act and Workers' Compensation Law when it terminated her employment for retaliatory purposes. We affirm without discussion as to the private whistle blower count but reve

June Scamardo appeals the order of the Sebastian County Circuit Court granting summary judgment in favor of Sparks Regional Medical Center (Sparks). On appeal, Scamardo argues that the circuit court erred in refusing to apply the law of the case doctrine to preclude the motion for summary judgment filed by Sparks. Scamardo also contends that the trial court erred in holding that Sparks was entitle

Plaintiff Margaret Cortright appeals from the circuit court’s November 21, 2006 order dismissing with prejudice her intentional tort claims (counts I, II, and III) and reaffirming the dismissal of her discrimination claims (counts IV, V and VI) under a previous ruling. Cortright v. Doyle, No. 01 L 02886 (Cir. Ct. Cook Co.). On appeal, the plaintiff alleged that: (1) the intentional tort claims w

{1} Plaintiffs Walter Limacher, George Luevano, Wilhelmina Luevano, and Joe Sanchez appeal from a district court order granting summary judgment to Defendants Jalayne Spivey and The State of New Mexico. The district court granted summary judgment for Defendants on the basis of sovereign immunity. We hold that there is no disputed material fact as to whether an employee of the Office of the St

¶1 The Southern Utah Wilderness Alliance (SUWA) appeals the district court’s order affirming the State Records Committee’s denial of records sought by SUWA from The Automated Geographic Reference Center (AGRC) pursuant to the Government Records Access and Management Act (GRAMA). The district court denied summary judgment to SUWA and granted summary judgment to the AGRC. We reverse.

BAC

In this case, we consider a county's claim of immunity from civil liability under ORS 30.265(3)(c), Oregon's discretionary immunity statute.

Plaintiff Hughes was driving his motorcycle on Cherry Heights Road, a county road in Wasco County, when defendant Wilson drove out of a private driveway and the two vehicles collided. Plaintiff(1) brought a personal injury action against Wilson, alleg

Appellant Theodore DeJung (DeJung), formerly employed as a commissioner by respondent Sonoma County Superior Court (Superior Court), brought an age discrimination case against the Superior Court under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.).1 The trial court granted the Superior Court’s motion for summary judgment, finding (1) the Superior Court is pro

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district court’s denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico (“UNM”). Captain Gonzales raises six challenges to the district court’s order: the district court erred when it denied summary ju

Lorri Bielanski, at the age of fifteen, was falsely accused of sexually abusing a six-yearold neighbor. Eventually acquitted of all charges, she sued a number of public officials and entities for violating her constitutional rights during the investigation and prosecution of the alleged crime. The district court dismissed her complaint in its entirety. We affirm.

I.

On review of this

Timothy LaFrenier appeals from the entry of summary judgment on his civil rights claims against the Town of Townsend, Massachusetts and two police officers. The appeal raises again the familiar but erroneous claim that summary judgment may be defeated on an argument of mere disbelief of the moving party's evidence.

The claims arose from events midday on June 15, 2001 when Townsend

Plaintiff-Appellant Ira Thomas was fired from his job as building code inspector for the City of Blanchard, Oklahoma, after he discovered in the City Clerk’s office a signed and completed certificate of occupancy for a home constructed by a local builder — who is also the mayor — although Mr. Thomas had not yet made the final inspection of the home or approved issuance of the certificate. Su

Appellant, Cornelius C. Sullivan, Jr., D.D.S., brings this interlocutory appeal from an order granting the plea to the jurisdiction filed by appellees, the University of Texas Health Science Center at Houston Dental Branch, Peter T. Triolo, Jr., D.D.S., Catherine M. Flaitz, D.D.S., and James T. Willerson, M.D. In three issues, Sullivan contends the trial court erred by granting the plea to the jur

In this attorney negligence case, plaintiffs OFS Fitel LLC and OFS BrightWave LLC (collectively, “Fitel”) appeal the district court’s final judgment of dismissal, contending the district court abused its discretion in imposing discovery sanctions. Defendant Epstein, Becker & Green, P.C. (“EBG”) moved to dismiss the appeal for lack of jurisdiction. After review and oral argument, we concl