Immunity Law
 
Joseph Reid and Sarah Reid v. City of Philadelphia

In March, 2003, Joseph and Sarah Reid (appellees) attempted to cross a sidewalk abutting Philadelphia’s 39th District Police Station. Mr. Reid slipped and fell, sustaining ankle injuries. Appellees filed a negligence action against the City, alleging it failed to remove ice and snow from the sidewalk. The City raised governmental immunity as an affirmative defense pursuant to § 8541 of the Poli

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Daniel A. Batterman v. William J. Leahy; Patricia A. Wynn; Margaret T. Winchester; and William E. Shay

Daniel A. Batterman, a Boston attorney, brought suit in federal district court against several individuals associated with the Committee for Public Counsel Services ("CPCS"). The district court stayed proceedings, insisting that Batterman resolve his claims, or at least his leading claim, in state court. Batterman now appeals. The background events are as follows.

Batterman, a sole

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United States of America v. One Star Class Sloop Sailboat Built in 1930 with Hull Number 721, Named "Flash II"

The instant appeal requires us to revisit the FLASH II, a sailing vessel once owned by the late John F. Kennedy. This time around, the district court found that the government had failed to take reasonable steps to notify a part-owner of the vessel (Dr. Kerry Scott Lane) of its intent to forfeit. Since the government already had sold the vessel at auction, the court — which determined that the s

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The Donna Independent School District, et al. v. Damon Gracia

The Donna Independent School District, the Donna Independent School District Board of Trustees, and Joe Gonzalez, superintendent of schools, (collectively referred to as "the District") bring this interlocutory appeal of the trial court's denial of the District's plea to the jurisdiction of a suit filed by Damon Gracia, appellee. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008).

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Baptist Hospital of Miami, Inc., et al. v. Yolanda Garcia

Baptist Hospital of Miami, Inc., Joseph Lamelas, M.D., Juan L. Barrio, M.D., Rene J. Gomez, M.D., and their professional associations (“Baptist”) petition for a writ of certiorari to quash the trial court’s order overruling objections to interrogatories. We have certiorari jurisdiction to review the order pursuant to Mount Sinai Medical Center v. Bernstein, 645 So. 2d 530 (Fla. 3d DCA 1994).

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Ymelda T. Patrick v. Alacer Corporation

Plaintiff Ymelda T. Patrick appeals from a judgment of dismissal entered after the court sustained defendant Alacer Corporation’s (Alacer) demurrer to her third amended complaint without leave to amend. Plaintiff asserted shareholder derivative and direct causes of action against Alacer and three individuals who sit on its board of directors and serve as trustees of the trust that is its sole re

More...   $0 (10-23-2008 - CA)

Arthur J. Porter; Christie L. Porter v. Arthur J. Osborn and Joseph Whittom

This case raises the question of the appropriate standard of culpability to apply to a police officer who kills a suspect in the course of investigating a suspicious car parked alongside an Alaska highway, under circumstances that suggest the officer may have helped to create an emergency situation by his own excessive actions. It comes in the context of a lawsuit brought by the parents of the vic

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DAvid Ovecka and Janice Ovecka v. Burlington Northern Santa Fe Railway Company

{1} Plaintiffs appeal from the district court’s grant of summary judgment in favor of Defendant Burlington Northern Santa Fe Railway Company (BNSF) on Plaintiffs’ claims of vicarious and direct liability for negligence. Plaintiffs’ daughter, Angela Ovecka, was killed in an automobile collision with BNSF’s employee, Kenneth Long. Long was highly intoxicated at the time of the accident.

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Glenn Weigel v. John K. Broad, et al.

Plaintiffs Glenn Weigel and David Weigel filed this action against Wyoming Highway Patrol Officers John K. Broad and Devan Henderson, and their supervisor, John Cox, individually. Plaintiffs make claims of failure to train and excessive force under 42 U.S.C. § 1983 and state negligence law. The claims stem from the death of their brother, Bruce Weigel, who died after an altercation with Troopers

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Mario Capolicchio v. Ken Levy, Ketchikan Police Department, City of Ketchikan

A pro se litigant filed a lawsuit against the manager of a homeless shelter, alleging that the manager discriminated against him when the manager excluded him from the shelter. The litigant also filed a lawsuit against the city and local police department for misconduct and harassment; the two lawsuits were consolidated. The superior court granted the city and police department’s motion to dism

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Arthur T. Lane, et al. v. The City of Seattle

In this case we must decide who will pay for fire hydrants in the city of Seattle and

its suburbs. Seattle Public Utility (SPU) used to pay for them, passing the

cost along to its ratepayers. The ratepayers object and want Seattle to foot

the bill. If Seattle has to pay for its hydrants, it wants Lake Forest Park to

pay for the hydrants in Lake Forest Park.

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Sharon Knight v. Town of Blacksburg

Sharon Knight sued the Town of Blacksburg on a governmental tort claim negligence theory claiming the town and the director of the Third Annual Greater Blacksburg Triathlon, held in 2000, claiming they were negligent in failing to warn passing motorists of the race course. Triathlon participant Gary Wayne Taylor, a 30-year-old sports promoter from Lynchburg, died midway through the competition aft

More...   $50000 (10-15-2008 - VA)

Barbara Lichtman Tayar v. Camelback Ski Corporation, Inc. and Brian Monaghan

¶ 1 This case once again raises issues concerning the enforceability of releases relating to recreational activities provided by commercial entities. Appellant, Barbara Lichtman Tayar, appeals from the order entered on March 31, 2006, in the Court of Common Pleas of Monroe County, that granted the motion for summary judgment filed by Appellees, Camelback Ski Corporation, Inc. and Brian Monaghan.<

More...   $0 (09-04-2008 - PA)

Motorola Inc. v. Amkor Technology, Inc.

Motorola, Inc. (“Motorola”) appeals the order of judgment in favor of Amkor Technology, Inc. (“Amkor”) following a bench trial in Superior Court. Motorola argues that the trial court erred 1) by not judicially estopping Amkor from changing its argument concerning the relationship of two clauses of a Patent License Agreement (“PLA”); 2) by not entering judgment as a matter of law based

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Vineland Fireworks Co., Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives

Vineland Fireworks Co., Inc. (“Vineland”) appeals the decision of the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) to revoke its license to manufacture fireworks and to deny its application for the renewal of its license to import fireworks. The Director found that Vineland’s failure to keep records of its daily summary of magazine tra

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Richard Read v. Town of Plymouth, et al.

The plaintiff, Richard Read, appeals from the judgment of the trial court rendered after the granting of a motion to strike certain counts of his complaint filed by the defendants, the town of Plymouth (town), Ralph J. Zombouski and Gary Belanger, and a motion for summary judgment filed by the town as to the remaining count. On appeal, the plaintiff claims that the court improperly (1) struck coun

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Donald J. Dibble v. John H. Fenimore, Major General, New York Air National Guard, Secretary of the Air Force

Donald J. Dibble is a former federal excepted service
18 technician with the New York Air National Guard (“Guard”) who was
19 denied reenlistment. Alleging that this denial was retaliation
20 for Dibble’s exercise of his constitutional and statutory rights,
21 including his advocacy as a union representative, Dibble applied
22 for administrative relief from the Air Force

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Stacey Hartline v. Anthony Gallo, Darren Gagnon, Marla Donovan, Jim Sherry, Village of Southampton Police Department, Inc., Village of Southampton

Stacey Hartline appeals from a decision of the United States District Court for the Eastern
15 District of New York (Hurley, J.) granting summary judgment to Defendants on her claims under
16 42 U.S.C. §§ 1983 and 1985, and declining to exercise supplemental jurisdiction over her state
17 law claims. On appeal, Hartline argues that the district court erred in granting judgment to the

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Roxie Hobart v. Jack L. Holt and J.H.S.O. Corporation

Plaintiff, personal representative of the estate of Mabel F. Hobart (decedent), appeals, challenging the trial court's grant of summary judgment in favor of defendants, Jack L. Holt and J.H.S.O. Corporation, on plaintiff's wrongful death claims arising out of decedent's vaccine-related death, which occurred after she received an influenza vaccination administered by defendant Holt, an employee of

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Richard Madsen and Nancy Madsen v. Washington Mutual Bank

¶1 In 1964, Richard and Nancy Madsen financed the purchase of their home by borrowing money from Prudential Federal Savings and Loan Association (“Prudential”) under a real estate mortgage contract. The contract obligated the Madsens to make monthly payments into an account held by Prudential for the purpose of paying taxes and insurance premiums. Prudential paid no interest or earnings on th

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Yanira Castaneda, etc. v. United States of America, et al.

This appeal requires us to decide whether 42 U.S.C. § 233(a) establishes the Federal Tort Claims Act (FTCA) as the exclusive remedy for constitutional violations committed by officers and employees of the Public Health Service (PHS), precluding the cause of action recognized in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). We hold that it does not. Fa

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M.A.L. v. Stephen Kinsland

This case presents the question of whether it is constitutional for a public middle school to regulate the time, place, and manner of a student’s speech by preventing him from handing out leaflets in school hallways between classes and instead allowing him to post his leaflets on hallway bulletin boards and to distribute them during lunch hours from a cafeteria table. The district court held tha

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S. Alejandro Dominguez v. Faul Hendley and City of Waukegan

In September 1989, when Alejandro Dominguez was fifteen years old, he was arrested on charges of home invasion and sexual assault, based on the allegations of eighteen-year-old Lisa Kraus, who lived in the same building as he did. Dominguez was convicted and spent four years incarcerated before being paroled. Throughout this process and the period following his release, he maintained his innocence

More...   $9063000 (10-07-2008 - IL)

Steven Manning v. United States of America and Robert Buchan and Gary Miller

If a federal law enforcement officer commits a tort, the victim has two distinct avenues of relief: he may pursue a constitutional tort claim against the individual officer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), or he may pursue a common law tort claim against the United States pursuant to the Federal Tort Claims

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Freddie Burrus, et al. v. State Lattery Commission of Indiana d/b/a The Hoosier Lottery

Plaintiffs, seven former employees of the State Lottery Commission of Indiana, which does business under the name Hoosier Lottery (hereinafter “Lottery”), sued their former employer under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. They claimed that they were fired because of their race. The Lottery moved to dismiss the plaintiffs’ § 1981 claims on the basis that it was

More...   $0 (10-07-2008 - IN)

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