Immunity Law
 
Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council

This case raises two significant and unresolved questions of Nevada statutory and
common law. First, does a hyperlink to source material about judicial proceedings in an
online petition suffice for purposes of applying the common law fair report privilege?
Second, did Nevada’s anti-strategic litigation against public participation (“anti-SLAPP”)
statute, Nev. Rev. Stat. §§

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iMatter Utah v. John Njord

Before the Utah Department of Transportation will grant a permit
authorizing a parade on a Utah state highway, an applicant must obtain liability
insurance and sign an indemnification form. Two environmental groups brought
suit in the United States District Court for the District of Utah, challenging these
requirements under the First Amendment. The district court granted summary

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Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m

More...   $0 (12-16-2014 - CA)

Jay Russell Shafer v. County of Santa Barbara and Freddy Padilla

Los Angeles, CA - Jay Shafer sued Santa Barbara County Deputy Freddy Padilla on a civil rights violation theory under 42 U.S.C. 1983 claiming that Padilla used excessive force on October 4, 2009 while investigating a report that water balloons had been thrown at people. Shafer and friends were carrying water balloons and the deputy ordered them to drop the balloons. When Shafer asked why, the cla

More...   $120000 (12-20-2014 - CA)

Todd Glaittli v. State of Utah

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI v. STATE
Opinion

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William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti

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Shawnna Rae Cope v. Utah Valley State College

¶1 Shawnna Cope was injured while practicing with the Utah
Valley State College (UVSC) ballroom dance team, and sued the
state-owned college.1 The district court dismissed the lawsuit, ruling
that the public duty doctrine dictated that UVSC owed no duty of
care to Ms. Cope. The court of appeals subsequently held that the
COPE v. UTAH VALLEY STATE COLLEGE
Opinion of the Cou

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Brian Hunt and Kimberly Hunt v. David Massi and James Porter and Town of Falmouth

This civil rights case arises out of
the refusal of officers serving an arrest warrant to accede to the
request of an arrestee, Brian Hunt, that he be handcuffed with his
hands in front of him, and the ensuing events.
Hunt and his wife brought this case, asserting violations
of his federal constitutional rights under 42 U.S.C. § 1983, as
well as pendent state law claims. T

More...   $0 (12-10-2014 - MA)

Loren R. Shirk v. United States of America

We are asked to decide whether the United States may be
held liable under the Federal Tort Claims Act for the offreservation
actions of two tribal police officers.
SHIRK V. UNITED STATES 5
I
A
On October 19, 2006, at approximately 5:00 p.m.,
Detective Michael Lancaster and Sergeant Hilario
Tanakeyowma (the “Officers”), two tribal police officers
employed by

More...   $0 (12-08-2014 - AZ)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO

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Harold Blake v. State of Florida

Harold Blake appeals an order of the circuit court denying his motion to vacate his convictions and sentences—including a conviction for first-degree murder and sentence of death—filed under Florida Rule of Criminal Procedure
- 2 -
3.851. Blake also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed

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The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
2
plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and

More...   $0 (12-05-2014 - TX)

Galveston County Health District v. Erica Hanley

This is an interlocutory appeal from the trial court’s denial of the Galveston County Health District’s plea to the jurisdiction. Appellee Erica Hanley was injured when the automobile she was driving collided with the District’s
2
ambulance. The District argues that the trial court erred in denying the plea to the jurisdiction because it is immune from suit under both the “emergenc

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Baltasar D. Cruz v. James Van Sickle

Baltasar D. Cruz sued James Van Sickle, Karl-Thomas Musselman d/b/a Burnt Orange Report, and Katherine Haenschen for libel. Appellees moved to dismiss the suit pursuant to the Texas Citizens Participation Act (the Act),1 commonly referred to as an anti-SLAPP2 statute, designed to protect citizens who exercise their constitutional rights to, among other things, communicate about matters of public c

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David Ayers v. City of Cleveland

David Ayers spent 12 years in prison based on a state-court murder conviction that was later overturned. He was freed in 2011 after this court

No. 13-3413 Ayers v. City of Cleveland, et al. Page 2
granted his petition for a writ of habeas corpus, finding that the detectives leading the murder investigation—Michael Cipo and Denise Kovach—had violated Ayers’s Sixth Amendment right

More...   $0 (12-02-2014 - OH)

Francis X. Dougherty v. School District of Philadelphia, et al.

Appellee Francis X. Dougherty, a former employee with the School District of Philadelphia, was terminated after publicly disclosing the alleged misconduct of the School District’s Superintendent in steering a prime contract to a minority-owned business. Dougherty filed suit in the United States District Court for the Eastern District of Pennsylvania, alleging First Amendment retaliation and viol

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James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The

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Kelvin Gant, et al. v. County of Los Angeles, et al.

This is a case of mistaken identity arising from the
separate arrests and detentions of Kelvin Gant and Jose
Alexander Ventura based on warrants intended for other
people. Appellants filed over twenty federal and state law
claims alleging that various defendants issued flawed
warrants, improperly arrested them, or improperly detained
them. The district court ruled against a

More...   $0 (11-24-2014 - CA)

George P. Conway v. County of Tuolumne

In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their first name

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Chirstus Spohn Health System Corporation d/b/a Christus Spohn Hospital-Corpus Christie-Memorial

By one issue, appellant Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi–Memorial (hereinafter “Christus Memorial”) appeals the trial court’s denial of its plea to the jurisdiction related to a medical negligence lawsuit
2
brought against it and others by appellee Angela Young. We reverse and render.
I. BACKGROUND
Young filed suit agains

More...   $0 (11-20-2014 - TX)

Kelly Ellis v. Lubbock County Hospital District d/b/a University Medical Center

Appellant Kelly Ellis sued appellee Lubbock County Hospital District d/b/a University Medical Center (the hospital) under the Texas Whistleblower Act1 and Health and Safety Code section 161.134.2 The trial court sustained the hospital’s plea to the jurisdiction and dismissed Ellis’s entire case.3 We will affirm the order of the trial court.
1 TEX. GOV’T CODE ANN. §§ 554.001-.010 (West

More...   $0 (11-19-2014 - TX)

Kelly Ellis v. Lubbock County Hospital District d/b/a University Medical Center

Appellant Kelly Ellis sued appellee Lubbock County Hospital District d/b/a University Medical Center (the hospital) under the Texas Whistleblower Act1 and Health and Safety Code section 161.134.2 The trial court sustained the hospital’s plea to the jurisdiction and dismissed Ellis’s entire case.3 We will affirm the order of the trial court.
1 TEX. GOV’T CODE ANN. §§ 554.001-.010 (West

More...   $0 (11-19-2014 - TX)

Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Deana Pollard Sacks sued Thomas Hall and Gregory R. Travis for invasion of privacy. The trial court granted Hall’s and Travis’s no evidence and traditional motions for summary judgment against Sacks. On appeal, Sacks identifies eight issues in which she asserts that the trial court erred in granting the motions for summary judgment.
2
We affirm.
Background Summary
Deana Pollard

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S.L. V. Pierce Township Board of Trustees

S.L., a minor, by and through his guardian
K.L., and K.L. individually (“Appellants”), appeal the district court’s summary judgment orders
for Defendants-Appellees Edward (“Shawn”) Bartley and Thomas DelGrande. We AFFIRM.
I.
On December 4, 2006, Pierce Township Police Officer David Homer responded to a call
made by S.L.’s mother. Homer “smelled smoke” upon enter

More...   $0 (11-17-2014 - OH)

Domingo Gomez v. Benjamin Martin

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An

More...   $0 (11-17-2014 - NM)

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