In this case an employer appeals a judgment rendered against it in a survival action arising from its employee s exposure to asbestos on the job. * * * Bruce Spillman worked for Exxon in various positions from 1945 until 1986 and was exposed to asbestos in the course and scope of his employment. In May of 2005 Mr. Spillman was diagnosed with mesothelioma a fatal form of cancer caused by exposure t

¶1 Juanita M. Tostado (“Appellant”) appeals the superior court’s grant of summary judgment in favor of the City of Lake Havasu (“the City”). Appellant argues on appeal that the superior court improperly found that the City had absolute immunity. For the reasons discussed below, we reverse the superior court’s grant of summary judgment and remand the case for further proceedings.
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Robert David Townsend sued his former employer, the University of Alaska, Fairbanks, in federal district court, alleging violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA” or the “Act”), 38 U.S.C. §§ 4301-4333. The district court dismissed his action, concluding that it lacked jurisdiction over a USERRA claim brought by an individual against an

Chris Lowry, Colton Dougan, and Micheal Joseph (collectively "plaintiffs"),2 students in the Watson Chapel School District ("school district") during the events in question, brought this action under 42 U.S.C. § 1983, claiming that the school district, the school district's superintendent, the principal of Watson Chapel Junior High, and the school district's school board members (collectively ref

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota (“state court”) from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings.

I. Backgroun

This action arises from an incident that occurred on Plaintiff- Appellant Linda Slusher’s (“Slusher”) property on May 13, 2004. Slusher argues that Defendants- Appellees Michigan Deputies Cory Carson and Thomas Terry (collectively, along with Shiawassee County, “Defendants”) seized her in violation of her Fourth Amendment rights during the course of the officers’ visit to her property

Plaintiff Charles Plinton appeals the district court’s grant of summary judgment to defendants the County of Summit (“County”) and police officer Keith Lavery (“Lavery”).1 Plaintiff also appeals the dismissal of his claim for injunctive relief against the University of Akron (“University”), a state university. Plaintiff’s son, Charles Theodore Plinton (“Chuck”), was arrested, t

The issue before us is whether a special law passed by the Legislature violates the constitutional prohibition against special laws that grant a “privilege to a private corporation” set forth in article III, section 11(a)(12), of the Florida Constitution. Both the trial court and the First District Court of Appeal held that chapter 2003-372, Laws of Florida, entitled the “St. Lucie County Ho

{1} In this medical malpractice action, Defendant Lovelace Sandia Health System, Inc. appeals from a contempt order entered by the district court. We address whether the district court erred in imposing a punitive sanction against Defendant for refusal to comply with a discovery order that required Defendant to produce documents Defendant claimed were immune because they contained information

¶1 While the underlying litigation in this case involves multiple issues and parties, this interlocutory appeal concerns only the dismissal of one of Richard Davis’s many causes of action. The district court dismissed Mr. Davis’s challenge to Provo City’s annexation of his land, holding that he did not bring his challenge within the statutory time limit. The district court held that Utah Co

¶1 This case presents two certified questions from the Tenth Circuit Court of Appeals: (1) Does the Utah Governmental Immunity Act (“UGIA”) confer to state officers immunity from suit or immunity from liability? and (2) Does the UGIA require that a notice of claim against state officials in their individual capacity expressly aver “fraud” or “malice”? We conclude (1) that the UGIA con

In this interlocutory appeal, we consider whether a blanket policy of strip searching without reasonable suspicion of all individuals arrested and classified for housing in the general jail population violates the arrestees’ clearly established constitutional rights. Under the circumstances presented by this case, we conclude that it does, and affirm the order of the district court denying quali

In 2004, plaintiff Raymond Torres, who was then 16 years old, was arrested, without a warrant, on charges of murder and attempted murder. After 162 days of incarceration, Torres was released when the district attorney dismissed the charges against him. Following his release, Torres and his mother (“Plaintiffs”) brought a civil rights action against the City of Los Angeles, the Los Angeles Poli

In this case arising out of diversity jurisdiction, we are asked to decide whether Robinette Amaker, the surviving sister of Bradley Gierlich, may bring suit against defendants King County, Stanley Medical Research Institute (“SMRI”), and E. Fuller Torrey, after the King County Medical Examiners Office (“KCMEO”) provided Bradley’s1 brain, liver, and spleen tissue to SMRI for use in medic

Plaintiff-Appellant Evangelina Mendez (“Mendez”) and members of her family brought this suit against the County of San Bernardino, the City of Hesperia, the San Bernardino Sheriff’s Department and various individual defendants (collectively, “the County”) under 42 U.S.C. § 1983 and state law, alleging violations of their civil rights. This case arose from the aftermath of an officer-inv

On January 24, 2007, plaintiff Kenin L. Edwards filed a single-count, pro se complaint against defendant City of Henry, requesting damages for alleged violations of the Illinois Antitrust Act (Act) (740 ILCS 10/1 et seq. (West 2006)). The City filed a "Motion to Dismiss and for Sanctions" claiming immunity under the Act (740 ILCS 10/5(15) (West 2006)) and alleging that plaintiff lacked a good-fait

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after

Alternate Fuels, Inc. (AFI) and its President, Larry W. Pommier, sued two officials of the Missouri Department of Natural Resources (DNR) – Thomas M. Cabanas and Richard A. Hall – for denial of equal protection, tortious interference with contract, and First Amendment retaliation. Summary judgment was granted to Cabanas and Hall on all claims except part of AFI’s tortious-interference-with c

Kevin Danley was arrested for driving under the influence and was taken to jail. While there he had a disagreement with some of the jailers after he was made to use a dirty toilet without any toilet paper. Because Danley failed to obey one of the jailer’s orders during the disagreement, another jailer pepper sprayed him. Although pepper spray is an accepted non-lethal means of controlling unruly

Bradley Coleman sustained serious injuries while riding a bicycle on a trail in a state park. He and his wife, Bonnie Coleman, sued the state to seek compensation for his injuries and her loss of consortium. (1) The trial court granted the state's motion for summary judgment on both claims based on the recreational immunity statute, ORS 105.682(1). Plaintiffs appeal from the ensuing judgment. We a

We consider our jurisdiction over the claims of a passenger detained at a U.S. airport because her name is on the federal government’s No-Fly List.

Facts

Rahinah Ibrahim is a Malaysian Muslim who studied at Stanford University under a student visa. In January 2005, she tried to fly from San Francisco to Malaysia, but when she presented her ticket at the United Air Lines counter, th

The Office of the Chief Medical Examiner of Massachusetts has had a troubled history. This lawsuit is brought by a disgruntled former contract medical examiner, Dr. Abraham Philip, against the administrator of that office, John Cronin.

In November of 2000 the National Association of Medical Examiners ("NAME") conducted an audit and filed a report critical of the Office of the Chief

Respondent Cingular Wireless, LLC (Cingular) advertises a cellular phone for sale at half the retail price if the purchaser also enrolls in a calling plan package. The California Code of Regulations requires that the sales tax must be computed against the non-sale price of the product. The regulation permits, but does not require, that the charge be passed on to the customer. Cingular does so with

This appeal concerns the joinder requirements of Rule 19 of the Federal Rules of Civil Procedure and their effect on litigation brought by an Indian tribe engaged in casino gaming.

The Cachil Dehe Band of Wintun Indians of the Colusa Indian Community (“Colusa”), a federally recognized Indian tribe, entered into a gaming compact with the State of California in 1999. Colusa brought this a