Immunity Law
 
Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would

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Debra Laverie, Ph.D. v. James Wetherbe, Ph.D.

James Wetherbe, Ph.D., sued Debra Laverie, Ph.D., alleging she slandered him through two statements she made to Texas Tech University’s provost. After discovery, Laverie filed a traditional motion for summary judgment claiming immunity from suit under section 101.106(f) of the Civil Practice and Remedies Code. The trial court denied her motion. She appeals, contending the undisputed facts showed

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Regina Sophus v. Houston Police Department Homicide Division and New Hope Housing

Regina Sophus sued New Hope Housing1 and the Houston Police Department (“HPD”) Homicide Division, alleging that she was harassed by
1 Sophus sued “New Hope Apartments,” but the proper party name is New Hope Housing.
2
neighbors and that HPD police officers were unresponsive to her complaints. The
HPD Homicide Division moved to dismiss under Texas Rule of Civil Procedure

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The People v. Julius W. Lewis

Defendant Julius W. Lewis was convicted by a jury of five counts of lewd and lascivious acts on a child (Pen. Code, § 288, subd. (a)), and was sentenced to 29 years to life in prison.1 One count involved conduct with Angelina B. in 2006 or 2007, and the other four involved conduct with Teresa C. in August, September, and October of 1989. Lewis was ordered to pay over $1.5 million in victim restit

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Simona Wilson v. Southern California Edison Company

Defendant Southern California Edison Company (Edison) appeals from a judgment following a jury trial in which the jury found in favor of plaintiff Simona Wilson on her claims for intentional infliction of emotional distress (IIED), negligence, and nuisance, and awarded her $1,050,000 in compensatory damages and $3 million in punitive damages. All of her claims are based upon her allegation that Ed

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University of Miami d/b/a University of Miami School of Medicine v. Michael A. Ruiz

The University of Miami, doing business as The University of Miami
School of Medicine (“UM”), petitions this Court for certiorari relief from the trial
court’s order denying its motion for summary judgment on the plaintiff–
petitioners’ claims for medical malpractice based on UM’s contention that it is
entitled to immunity from suit under Florida’s Birth-Related Neuro

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City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor

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City of Highland Haven, Texas; and Burnet County, Texas v. Eugene Taylor and Charles Fenner

Appellees Eugene Taylor and Charles Fenner brought suit against Highland Haven
and Burnet County seeking damages for inverse condemnation caused by the County’s construction
of a bridge upgradient from their properties. The City and County filed pleas to the jurisdiction,
asserting that their governmental immunity barred suit because Taylor and Fenner’s pleadings
did not suppor

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Ravi Sood, m.d. v. Michael M. Graham, Ph.D., M.D., Director of Nuclear Medicine for the University of Iowa Carver College of Medicine and individually.

Michael Graham, Director of Nuclear Medicine for the University of Iowa Carver College of Medicine, appeals from a district court ruling that he violated the due process rights of Ravi Sood when he revoked Sood’s clinical privileges at the University of Iowa Hospitals and Clinics. Graham contends that Sood’s due process claim fails as a matter of law; that Graham was entitled to qualified immu

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Richard Torres Arteaga v. The People

A grand jury indicted petitioner Richard Torres Arteaga on charges of participating in a criminal street gang (Pen. Code, § 186.22, subd. (a))1 and conspiracy to sell methamphetamine (§ 182, subd. (a)(1); Health & Saf. Code, § 11379), with an allegation that petitioner committed the conspiracy for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)) and an allegation that petition

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Los Angeles Memorial Coliseum Commission v. Insomniac, Inc.

Plaintiffs and appellants Los Angeles Memorial Coliseum Commission (Commission) and Los Angeles Memorial Coliseum Association (Association)1 appeal from a judgment and order of dismissal entered following the sustaining without leave to amend of demurrers by defendants and respondents Insomniac, Inc. (Insomniac); Pasquale Rotella (Rotella); Go Ventures, Inc. (Ventures); and Reza Gerami (Gerami).2

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Kevin Faucheaux v. Provo City

¶1 Afraid that his wife, Helen Faucheaux, had overdosed on prescription pills, Kevin Faucheaux called 911. When police
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
Faucheaux v. Provo City
20130690-CA 2 2015 UT App 3
officers arrived they concluded that Helen had not overdosed.2 Despite

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Robert Runn v. Terry L. Riely and Petra E. Riely

Terry and Petra Riely (the Rielys) appeal the trial court' s judgment awarding
damages to Robert Gunn for timber trespass on Gunn' s property. The Rielys argue that the trial
court erred when it (1) applied RCW 4.24.630, the waste statute, instead ofRCW 64. 12. 030, the
timber trespass statute; (2) did not consider the Rielys' affirmative defense that Oasis Well Drilling
Oasis) was

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Michael Henne v. City of Yakima

The city of Yakima claims the protection of.
statutes that were designed to protect the rights of those who engage in First
Amendment protected communicative activity. U.S. CONST. amend. I. Those
statutes-Washington's "anti -SLAPP" 1 laws-protect speakers against frivolous,
speech-chilling lawsuits. We hold that a governmental entity like Yakima cannot
take advantage of the ant

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Mohamad Harb v. City of Bakerfield

Mohamad Harb, M.D. was driving home from his shift at Kern Medical Center’s neonatal intensive care unit when he suffered a stroke and drove his car onto a sidewalk. The police officer who arrived at the scene did not call an ambulance immediately because she deduced from Dr. Harb’s vomiting, slurred speech and disorientation that he was intoxicated and, after a struggle, placed him in handcuf

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Armstrong DLO Properties, LLC v. Todd A. Furniss and Heather E. Furniss

Appellant Armstrong DLO Properties, LLC (“ADLO”) appeals the trial court’s order granting summary judgment that ADLO take nothing in favor of appellees Todd A. Furniss and Heather E. Furniss (“the Furnisses”). The order also awarded the Furnisses $40,670 in attorney’s fees against ADLO. The controversy brought before us is respecting title to a portion of a continuous strip of real pro

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Tracey L. Johnson v. City of Shelby, Mississippi

Plaintiffs below, petitioners here, worked as police officers for the city of Shelby, Mississippi. They allegethat they were fired by the city’s board of aldermen, notfor deficient performance, but because they brought to light criminal activities of one of the aldermen. Chargingviolations of their Fourteenth Amendment due process rights, they sought compensatory relief from the city. Summary ju

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Donna Stofer v. Shapell Industries, Inc.

Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux.
Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for
strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built
the home on unstable and uncompacted “fill” soil and with an inadequate foundation,
causing “substantial differential mov

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Leroy Gillory v. Michelle Hill

LeRoy Guillory and 12 other plaintiffs appeal from the trial court’s entry of
judgment after granting Orange County Sheriff Department (OCSD) Investigator
Michelle Hill’s motion for a directed verdict (Code Civ. Proc., § 630) at the close of
evidence in a six-week trial on plaintiff’s civil rights claims.1 (42 U.S.C. § 1983
(hereafter § 1983).) Plaintiffs consist primarily

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The Estate of Renee Jones v. Shelba Bethel, M.D., et al.

COMES NOW Plaintiff, and for his cause of action, states as follows:
1. Plaintiff, David Jones, is the Surviving Spouse of Renee Jones, deceased, and the Personal Representative of the estate of Renee Jones. Defendants are healthcare providers doing business in Oklahoma. The actions giving rise to this litigation occurred in Cleveland County. Defendant Hospital may claim it is a political subd

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Left Fork Mining Company, Inc. v. Irving Hooker, et al.

This is an appeal from the district court’s dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy
in this case. For the reasons stated herein, we AFFIRM.
I.
P

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Rodolfo Sanchez v. City of Austin

Beginning in October 2011, Plaintiffs-Appellants Rodolfo Sanchez and Kristopher Sleeman participated in the Occupy Wall Street protests that took place in the plaza in front of Austin City Hall. After the protests had already started, Defendant-Appellee City of Austin promulgated a policy under which it issued criminal-trespass notices—oral or written notices that individuals must depart or must

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Thomas Burnside v. Jim Kaelin

This interlocutory appeal arises from the denial of qualified immunity at the motion-to-dismiss stage. Plaintiff Burnside, a deputy sheriff, filed this § 1983 action alleging that, because he did not support defendant-Sheriff Kaelin’s re-election bid, he was punitively transferred, and later fired, for exercising his First-Amendment rights to engage in free speech and association. Sheriff Kaeli

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Anthony Gibson v. Jeffrey Kilpatrick

The Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Lane v. Franks, 573 U.S. ---, 134 S. Ct. 2369 (2014). While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands

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Taylor Bell v. Itawamba County School Board

This appeal raises a First Amendment challenge to a public high school student=s suspension and transfer to alternative school for his off-campus posting on the Internet of a rap song criticizing, with vulgar and violent lyrics, two named male athletic coaches for sexually harassing female students at his school. The aspiring student rapper, Taylor Bell, composed the song off campus, recorded it a

More...   $0 (12-12-2014 - MS)

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