Rudy Leslie Paul; Carol Christensen Paul v. Tammy Iglehart |
This case concerns the protective scope of the “discharge injunction” created by 11 U.S.C. § 524(a)(2), which bars efforts to collect personal debts from debtors after they have been discharged in bankruptcy.1 In an adversary proceeding brought by former debtors Rudy and Carol Paul, the bankruptcy court held that Tammy Iglehart violated the discharge injunction when, in state court litigation $0 (07-30-2008 - CO) |
Dean Hohm and Jean Hohm, as Guardians ad Litem and Conservators for Adam Hohm v. City of Rapid City v. Charissa J. Hitchcock |
[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var $0 (07-29-2008 - SD) |
Progressive Halcyon Insurance Co. and Carol Wellnitz v. Roxanne Philippi, Personal Representative of the Sylvia Ruhr Estate, Deceased |
[¶1.] On August 22, 2006, Carol Wellnitz (Wellnitz) and her auto insurance provider, Progressive Halcyon Insurance Co. (Progressive), filed a declaratory judgment action in the South Dakota Third Judicial Circuit seeking a determination that immunity extended to her under South Dakota’s workers’ compensation statute, SDCL 62-3-2, for an injury that she caused to Sylvia Ruhr (Ruhr). On Februar $0 (07-29-2008 - SD) |
American Growers Insurance Com v. FCIC |
This action was brought by federal crop insurance provider American Growers Insurance Company (Insurer), alleging that the Federal Crop Insurance Corporation (FCIC) erred under 7 U.S.C. § 1508(j)(3) by adding prevented planting coverage to basic federal crop insurance policies without increasing the premium rate that the insurance company could charge. Both sides filed motions for summary judgmen $0 (07-15-2008 - IA) |
Crystal Coop v. Department of Natural Resource |
Crystal and Alvin Coop appeal the district court’s2 grant of summary judgment in favor of the defendants, the Missouri Department of Natural Resources and its director, Doyle Childers, in his official capacity, and the court’s denial of their motion to certify a class action. The Coops advanced several causes of action based on injuries they allegedly sustained while attempting to navigate the $0 (07-16-2008 - MO) |
Bobby Johnson v. United States |
Bobby L. Johnson brought an action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671, against the United States alleging Bureau of Indian Affairs (BIA) correctional officer Shobe Little Light (Little Light) and Standing Rock Sioux Tribal Police Officer Gary Sandland committed the following torts while arresting him in September 2003: (1) false and unlawful arrest; (2) arrest w $0 (07-28-2008 - SD) |
Golden Gate Water Ski Club v. County of Contra Costa, et al. |
Golden Gate Water Ski Club (the Club), a private nonprofit organization dedicated to the recreational sport of water skiing, appeals from an order denying its petition for writ of mandate and from a judgment dismissing its complaint. The trial court’s rulings leave in place an order by the Contra Costa County Board of Supervisors (the Board) ordering destruction and removal of all the dwelling u $0 (07-27-2008 - CA) |
Jeremy Flax, et al. v. DaimlerChrysler Corporation, et al. |
On June 30, 2001, Rachel Sparkman and her eight-month-old son, Joshua Flax, were passengers in a 1998 Dodge Grand Caravan (“the Caravan”) operated by Ms. Sparkman’s father, Jim Sparkman. Ms. Sparkman was seated in a captain’s chair directly behind the driver’s seat. Joshua Flax was restrained in a child safety seat in the captain’s chair directly behind the front passenger’s seat, wh $23000000 (07-26-2008 - TN) |
Julie Crouch v. Andrea Trinque and Koy Floyd |
Julie Crouch was employed at Tarleton State University as the annual giving officer. After her employment was terminated, Crouch sued her former supervisor, Andrea Trinque, and Trinque=s supervisor, Koy Floyd. Crouch asserted claims of intentional infliction of emotional distress, defamation, tortious interference, and conspiracy. The defendants filed a traditional motion for summary judgment b $0 (07-26-2008 - TX) |
Bernice M. DeRouen v. The Falls County Sheriff's Department, and Ricky Scaman, Deputy Sheriff |
Bernice M. DeRouen sued the Falls County Sheriff’s Department and Deputy Sheriff Ricky Scaman, in his individual and official capacities, alleging false imprisonment and injuries suffered during her arrest and transport to jail. The County filed a plea to the jurisdiction and a no-evidence motion for summary judgment, which the trial court granted.[1] DeRouen, acting pro se, contends that the $0 (07-26-2008 - TX) |
Anthony Jackson and James Nunez v. City of Texas City and Debbie Lesco, City Civil Service Director |
Appellants Anthony R. Jackson and James Nuñez filed suit against the City of Texas City and Debbie Lesco, in her capacity as city civil service director, (collectively, Texas City) seeking declaratory and injunctive relief related to their dismissal from the fire department. Jackson and Nuñez alleged that Texas City violated their rights to appeal their dismissals under the Civil Service Act (th $0 (07-25-2008 - TX) |
William R. Swinehart, et ux v. City of Spokane |
Under the recreational use statute, RCW 4.24.200 and .210, landowners who allow the public to use their land for recreational purposes are generally immune from liability. An exception to the general immunity is for injury-causing conditions that are latent. William Swinehart and Heidi Swinehart brought this action seeking damages for back injuries he sustained after sliding down the Red Wagon s $0 (07-15-2008 - WA) |
The Estate of Avis Maxey, et al. v. Jon Darden, M.D., et al. |
In this appeal, we consider, for the first time, multiple sections of Nevada’s Uniform Act on Rights of the Terminally Ill (the Act), codified in NRS 449.535 through 449.690. The Act authorizes the use of three procedures by which terminally ill patients or their families can legally implement their wishes with regard to withholding or withdrawing life-sustaining treatment. First, an individua $0 (07-03-2008 - NV) |
Los Angeles County Professional Peace Officers' Association, et al. v. County of Los Angeles |
Labor Code1 section 4850 provides that when a public safety officer (like each plaintiff here) "is disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of his or her duties, he or she shall become entitled, . . . to a leave of absence while so disabled without loss of salary . . . ." [Emphasis added.] The statute is part of the Workers' Compensation L $0 (07-23-2008 - CA) |
Chapman Lumber, Inc. v. Clifford L. Tager |
These appeals arise out of litigation brought against an attorney for the allegedly improper actions he undertook in connection with his representation of a financially troubled client. Both the defendant, Attorney Clifford L. Tager, and the plaintiff, Chapman Lumber, Inc., have appealed from the judgment rendered in accordance with a jury verdict, as it subsequently was modified by the trial cour $0 (07-22-2008 - CT) |
April Redding v. Safford Unified School District #1, et al. |
On the basis of an uncorroborated tip from the culpable eighth grader, public middle school officials searched futilely for prescription-strength ibuprofen by strip-searching thirteenyear- old honor student Savana Redding. We conclude that the school officials violated Savana’s Fourth Amendment right to be free from unreasonable search and seizure. The strip search of Savana was neither “justi $0 (07-11-2008 - AZ) |
Paul D. Harper, et al. v. City of Los Angeles, et al. |
This case arises from the Los Angeles Police Department’s (“LAPD”) investigation and prosecution of three former police officers, Paul Harper, Brian Liddy, and Edward Ortiz. |
Hazel Lessen, as personal representative of the wrongful death claim of the estate of Richard Dommer v. The City of Albuquerque |
{1} Plaintiff sued Defendants City of Albuquerque (the City) and Correctional Medical Services, Inc. (CMS) for the conduct of their employees at the Metropolitan Detention Center (MDC), which, according to Plaintiff, resulted in the death of her son (Decedent). Decedent was an inmate at MDC experiencing the effects of withdrawal from heroin when the metropolitan court ordered his release. Dec $0 (04-01-2008 - NM) |
Big Sky Network Canada, Ltd. v. Sichuan Provincial Government, et al. |
Seeking to capitalize on the growth of broadband cable access in China, Big Sky Network Canada (“Big Sky”) formed a joint venture with a Chinese company to provide cable services to Chengdu City, the capital of Sichuan Province in central China. In response to a subsequent national directive banning foreign ownership of cable companies, two sub-national governments – the defendants in this a $0 (07-21-2008 - UT) |
Dennis Dionicio Garcia as personal representative of the Estate of Marcelino Garcia, deceased, et al. v. United States Air Force, et al. |
Plaintiffs (the “Garcias”) brought this action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671, 2674, for personal injuries and damages sustained from exposure to toxic mold in their on-base housing unit at Holloman Air Force Base (“HAFB”) in New Mexico. They allege that the mold resulted from water that penetrated their home through a leak in their roof, and t $0 (07-21-2008 - NM) |
Sherry Amundsen v. Kristin Jones |
Deputy Kristin Jones appeals the district court’s partial denial of her motion for summary judgment based on qualified immunity. Jones stopped Plaintiff Sherry Amundsen after observing her improperly change lanes and weave between lanes. During the course of the stop, Jones administered roadside sobriety tests and ultimately arrested Amundsen for driving under the influence. Amundsen later submi $0 (07-21-2008 - UT) |
Dean Hohm and Jean Hohm, as Guardians ad Litem and Conservators for Adam Hohm v. City of Rapid City v. Charissa J. Hitchcock |
[¶1.] This case arises out of a one-car accident in a city park in Rapid City, South Dakota (the City). Adam Hohm (Adam) was severely injured when the car in which he was a passenger skidded off a street in the park and landed upside down in a nearby canal. Adam's parents, Dean and Jean Hohm (Hohms), acting as Adam's guardians and conservators, brought suit against the City alleging breach of var $0 (07-19-2008 - SD) |
Selena Reed v. Arneil Rose, City of Cleveland |
This action, brought under 42 U.S.C. § 1983 and Ohio state law, arises from the fatal shooting of Brandon Robinson by one of two police officers employed by the City of Cleveland. Selena Reed, Robinson’s mother and the administratrix of his estate, claims that the officer who shot and killed Robinson used excessive force and thereby violated his rights under the Fourth and Fourteenth Amendments $0 (07-16-2008 - OH) |
Morrison Knudsen Corporation v. Ground Improvement Techniques, Inc. |
Morrison Knudsen Corporation (“MK”), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. (“GIT”) for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court $0 (07-14-2008 - CO) |
Rhonda Entwistle and Megan Drury v. Missouri Youth Soccer Association, Inc., et al. |
The Missouri Youth Soccer Association, Inc. ("MYSA") and Michael McCrary ("McCrary") (collectively "Defendants") appeal from the judgment in favor of Rhonda Entwistle ("Entwistle") and Megan Drury ("Drury") (collectively "Plaintiffs") on their separate claims. Most of MYSA's claims involve Plaintiffs' alleged failures to present submissible cases for their recoveries. In particular, MYSA argues th $0 (07-13-2008 - ) |
Next Page |