Immunity Law
 
Skawski v. Greenfield Investors Property Development LLC

The defendant, Greenfield Investors Property
Development LLC4 (developer), seeks to build a retail development
of not more than 135,000 square feet of commercial space in
Greenfield (project). On May 17, 2011, the planning board of
Greenfield (planning board) granted a special permit in favor of
the developer to construct the project, subject to various
conditions.

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Charley Collins v. COP Wyoming, LLC a Wyoming Limited Liability Company and Roger Ross

Charley and his son, Brett, were both employed by Appellee COP Wyoming, LLC. Appellee Roger Ross was also employed by COP Wyoming, as the job superintendent and supervisor in charge of safety at the same job site. On August 20, 2012, Mr. Ross was operating a large track hoe excavator to excavate insidea trench box at the job site. Mr. Ross instructed Brett to enter the trench box and work there wh

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ALFORD et al v. USA

The plaintiffs in Alford, et al. (“plaintiffs”) are all Mississippi residents, who own real and personal property in the Eagle Lake Community, which is located in Warrant County, Mississippi, in the Lower Mississippi River Valley. Sec. Am. Compl. ¶¶ 10 – 48, ECF No. 35 (“Compl.”). This valley “is a relatively flat plain of about 35,000 square miles bordering the river, which would be inundated d

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STATE OF CONNECTICUT v. MYCALL OBAS

The state appeals from the judgment of the Appellate Court affirming the decision of the trial court granting the application of the defendant, Mycall Obas, to be exempted from continued registration as a sex of fender pursuant to General Statutes § 54-251(b).1 On appeal, the state claims that the Appellate Court improperly concluded that the trial court had the authority to grant the defendant’s

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ALBERT LOPEZ VICTORY v. GEORGE PATAKI, Former Governor of the State of New York

In 1970, Victory entered DOCCS custody to serve a sentence of twenty‐five 3
years to life upon his conviction of felony murder, stemming from his 4
involvement in the 1968 shooting death of a police officer. See People v. Bornholdt, 5
305 N.E.2d 461 (N.Y. 1973) (upholding conviction); Victory v. Bombard, 570 F.2d 6
66, 70 (2d Cir. 1978) (reversing grant of writ of habeas

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STATE OF LOUISIANA V. WILLIAM SHUPP

Defendant William Shupp was charged on August 1, 2013, via bill of
information with armed robbery, a violation of La.R.S. 14:64, theft of a motor
vehicle over $1500.00, a violation of La.R.S. 14:67.26, and false imprisonment
with a dangerous weapon, a violation of La.R.S. 14:46.1. A preliminary hearing
was held on September 6, 2013, following which the trial court found probab

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Sara L. Burnett v. State of Colorado Department of Natural Resources, Division of Parks and Outdoor Recreation.

In this case, we address whether the government waived its immunity for
injuries petitioner Sara Burnett sustained when a tree limb fell on her as she camped
below in a designated campsite in Cherry Creek State Park. The answer turns on
whether the tree was a “natural condition of . . . unimproved property” under section
24-10-106(1)(e), C.R.S. (2014), of the Colorado Governme

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Falto-de Roman v. Municipal Government

The plaintiff and appellee -- Elba Falto-De Román
(Falto) -- was a career employee of the Town1 and the director of
the Town's Head Start Program (the "Program"). The appellants are
members of the Program's governing board and policy council, a
subset of the defendants in the case, which also included the Town
and the Town's mayor. Falto's suit concerns the lawfulness of

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United States v. Allen

The facts are not in dispute.  On July 25 or 26, 2012, the Springfield,
Vermont Police Department received a written complaint that on July 23, John
Johnston had been assaulted by a man known to him only as “D.J.”  A
Springfield police officer interviewed Johnston on July 26, and based on that
interview, and the officer’s prior experience, he concluded that “D.J.” was in fact
A

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PFIZER, INC., A DELAWARE CORPORATION, WYETH HOLDINGS CORPORATION, A MAINE CORPORATION v. MICHELLE K. LEE, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE

A patent has a term of twenty years from the patent application’s effective filing date. 35 U.S.C. § 154(a)(2). Thus, an issued patent’s twenty-year term is measured from the filing date of the parent patent application. An issued patent’s enforceable life thus depends on the length of the PTO’s examination of a patent application. To account for any undue delays in patent examination caused b

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Church of God in Christ, Inc., et al v. L.M. Haley Ministries, Inc., et al.

On February 2, 2012, Plaintiffs/Appellants Bishop David A. Hall, individually and on behalf of Gospel Center Temple Church of God in Christ (“Gospel Center COGIC”), filed a complaint for injunction, accounting, and damages against L.M. Haley Ministries, Inc., Gospel Center Temple Church Moscow, Inc. (“Gospel Center, Inc.”), and some of its members and trustees, Lonnie M. Haley, III, Jeremiah R. Ha

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RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION

This case arises out of the Commission’s duties with respect to abandoned oil-and-gas
wells, which are governed by Texas Natural Resources Code chapter 89. One of the statute’s
express purposes is to protect Texas’s water and land from pollution by providing “additional
means” for the plugging of abandoned wells. TEX. NAT. RES. CODE § 89.001. The statute and
accompanying Com

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Rosalie Simon v. Republic of Hungary

This case arises out of one of humanity’s darkest hours. In the summer of 1944, upon the arrival of German troops in Nazi-allied Hungary, the Hungarian government implemented an accelerated campaign to deport Hungarian Jews to Nazi death camps for extermination before the War’s end. At the outset of the War, the Jewish population in Hungary numbered more than 800,000. By the end of the War, mo

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STATE OF LOUISIANA v. LYNN E. FORET, M.D.

On April 18, 2013, defendant, Lynn Foret, a medical doctor who specialized in
orthopedic surgery, pled guilty in federal court to one count of health care fraud,3 for
criminal acts that occurred between 2003 and 2009. The bill of information states the
On April 18, 2013, defendant, Lynn Foret, a medical doctor who specialized in
orthopedic surgery, pled guilty in federal court to

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Columbian Financial Corp. v. Stork

Amidst the 2007–2008 financial crisis, the Office of the State Bank
Commissioner of Kansas declared The Columbian Bank and Trust Company
insolvent, seized the bank’s assets, and appointed the Federal Deposit
Insurance Corporation as receiver. The FDIC then sold many of the bank’s
assets. Columbian Financial Corporation, the bank’s sole shareholder, sued
the state bank comm

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Mocek v. City of Albuquerque

Mocek has a practice of refusing to show his photo identification at airport
security checkpoints. Prior to 2008, he was able to clear checkpoints by
complying with alternative TSA identification procedures. In 2008, the TSA
established a policy that those who “simply refuse[d] to provide any identification
or assist transportation security officers in ascertaining their identity

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Larry Askins v. Ohio Department of Agriculture

The U.S. EPA, Ohio EPA, and ODA work together to abate pollution in Ohio. Pursuant to federal and state laws, each entity exercises authority over different types of pollution from specific sources. At issue in this case is the authority to control water pollution caused by certain animal feeding operations, which is governed by the Clean Water Act, 33 U.S.C. § 1251 et seq.
A. The Clean Wat

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Glenn Stephens, III v. US

Glenn H. Stephens, III, appeals the district court’s order granting the United States’ motion to dismiss and dismissing his civil action. Stephens filed a warrant in debt against Tina Quarles in Virginia state court, alleging a single count of defamation per se. The Government removed the matter to the United States District Court for the Eastern District of Virginia pursuant to 28 U.S.C. § 2679

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United States of America v. Harlan Salmona

Not many people want to be locked up in a federal penitentiary serving a life
sentence. Harlan Salmona does because it beats the alternative, which is being
locked up in a state penitentiary that he believes is less safe. The problem for
Salmona is that his life sentence was imposed by a Florida state court, not by a
federal court. Salmona claims that because of a promise ma

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Commonwealth of Pennsylvania v. Mark A. Haynes, David M. Whitcomb and Daniel H. Graff

York, PA - The Commonwealth of Pennsylvania charged Mark A. Haynes, David M. Whitcomb and Daniel H. Graff official oppression in violation of 18 P.S. 903, conspiracy in violation of 18 P.S. 5301 and harassment in violation of 18 P.S. 2709 claiming that they defendants county prison guards staged fights between inmates as part of a "Fight Club" that pitted inmates against one another. The State cla

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State Of Nebraska v. Bain

A jury found the appellant, Tyler C. Bain, guilty of four felonies stemming from his assaults of his former wife with whom he was living: kidnapping, first degree sexual assault, second degree assault, and making terroristic threats. Regarding the kidnapping conviction, the court found that statutory mitigating circumstances did not exist. It convicted Bain of a Class IA felony for kidnapping and

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Rudolph Laidlow v. Hariton Machinery Company, Inc.

The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for prompt and automatic entitlement to benefits for work-related injuries. Millison v. E.I. du Pont de Nemours & Co., 101 N.J. 161, 174, 501 A.2d 505 (1985). That characterization is only broadly accurate. In fact, not every worker inj

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Travelers Indemnity Co. v. PCR, Inc.

In Turner v. PCR, Inc., 754 So.2d 683 (Fla.2000), we reaffirmed the existence of an intentional-tort exception to the otherwise exclusive nature of the statutory remedy provided by the Workers' Compensation Law. Under the intentional-tort exception, an injured employee can avoid the exclusive-remedy provision of the Workers' Compensation Law and sue his employer in tort if his workplace injury w

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Debra Ann TURNER, James Creighton and Lynn Creighton v. PCR, INC.

We have for review a decision ruling on the following question certified to be of great public importance:

IS AN EXPERT'S AFFIDAVIT, EXPRESSING THE OPINION THAT AN EMPLOYER EXHIBITED A DELIBERATE INTENT TO INJURE OR ENGAGED IN CONDUCT SUBSTANTIALLY CERTAIN TO RESULT IN INJURY OR DEATH TO AN EMPLOYEE, SUFFICIENT TO CONSTITUTE A FACTUAL DISPUTE, THUS PRECLUDING SUMMARY JUDGMENT ON T

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United States v. Ulibarri

The Court takes its facts from: (i) the PSR; (ii) the Sealed Response to Defendant Kenneth Ulibarri's Amended Objections to PSR [and] Sentencing Memorandum at 2, filed May 8, 2015 (Doc. 902)("Response"); and (iii) the Indictment, filed December 12, 2012 (Doc. 2)("Indictment").4 In June, 2011, the Federal Bureau of Investigation ("FBI") initiated an investigation codenamed Operation Rain Check into

More...   $0 (01-03-2016 - NM)

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