Immunity Law
 
The People v. Tony Murillo

A prosecution witness takes the witness stand but refuses to answer any questions. The trial court allows the prosecutor to ask the witness more than 100 leading questions concerning the witness's out-of-court statements to prove defendant guilty of several criminal offenses. The questions create the illusion of testimony. This deprived the defendant of a fair trial because he could not exercise h

More...   $0 (11-13-2014 - CA)

Floyd E. Squires v. City of Eureka

Appellants Floyd Squires, III and Betty Squires (when referred to collectively, plaintiffs) sued the city of Eureka and several individuals. The complaint alleged 10 causes of action, the first seven common law claims, the last three under 42 U.S.C. § 1983. Defendants filed an anti-SLAPP motion, which the trial court granted as to the first seven causes of action, allowing plaintiffs to conduct d

More...   $0 (11-14-2014 - CA)

The People v. Raul Pedroza

In November 1998, Donald Schubert was murdered. In April 2012, a jury convicted defendant Raul Pedroza of the first degree murder of Schubert and conspiracy to commit the murder. The jury also found true gang enhancement allegations. The prosecution’s case against defendant relied in large part on the testimony of an accomplice. Following the guilty verdict, the trial court granted defendant’s

More...   $0 (11-14-2014 - CA)

In the Interest of A. S., J. D., and S. D., Children

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss
2
in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; an

More...   $0 (11-13-2014 - TX)

Texas Department of Public Safety v. Raquel Guzman

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; and (2) the

More...   $0 (11-14-2014 - tx)

Uvalde County Hospital Authority v. Estela R. Garcia, Individually, on behalf of all Wrongful Death Beneficiaries, and on behalf of The Estate of Juan Garcia, Deceased

This is an interlocutory appeal from the trial court’s order denying a plea to the jurisdiction filed by appellant Uvalde County Hospital Authority. On appeal, Uvalde raises three issues, contending the trial court erred in determining: (1) the asserted claims fall within the limited waiver of immunity provision of the Texas Tort Claims Act (“the Act”); (2) the failure to provide oxygen is a

More...   $0 (11-14-2014 - TX)

Jonathan Albert Leal v. The State of Texas

Appellant Jonathan Albert Leal was stopped for failing to yield the right of way. Appellant was arrested on suspicion of driving while intoxicated (DWI) and, over his explicit refusal, compelled by the arresting officer to submit to a warrantless intrusion into his veins. Appellant was convicted of felony DWI. See Tex. Penal Code Ann. §§ 49.04, 49.09(b) (West 2011 & Supp. 2014).

Appella

More...   $0 (11-13-2014 - TX)

Brett Woods v. Standard Insurance Company

This appeal requires us to evaluate whether remand to the state court pursuant to
the Class Action Fairness Act (CAFA) is required under either of two CAFA provisions:
the state action provision, which excludes from federal jurisdiction cases in which the
primary defendants are states; or the local controversy exception, which requires federal
courts to decline jurisdiction where,

More...   $0 (11-10-2014 - NM)

State of Oklahoma v. Tiger Hobia

We once again address the subject of Indian gaming and, following the lead
of the Supreme Court’s recent decision in Michigan v. Bay Mills Indian Cmty.,
134 S.Ct. 2024 (2014), emphasize that any federal cause of action brought
pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act
(IGRA) to enjoin class III gaming activity must allege and ultimately establ

More...   $0 (11-10-2014 - OK)

Brett A. Fiorini v. City Brewing Company, LLC

Ron A. Fiorini (Fiorini), a 23-year-old college student at Fresno Pacific University, was shot to death by police on October 5, 2010, after drinking two 23.5-ounce cans of Four Loko.
Fiorini’s father, Brett Fiorini (plaintiff), sued City Brewing Company, LLC (City Brewing), the company that brewed, bottled, and labeled Four Loko, for negligence and strict liability. He alleged a single can o

More...   $0 (11-06-2014 - CA)

Dennis Nasrawi v. Buck Consultants, LLC

Plaintiffs Dennis Nasrawi, Michael O’Neal, and Rhonda Biesemeier are retired public employees of Stanislaus County (County) and beneficiaries of a public pension trust administered by the Stanislaus County Employees Retirement Association (the Association). Defendants Buck Consultants LLC (Buck) and Harold Loeb provided actuarial services to the Association, also a defendant. According to plaint

More...   $0 (11-06-2014 - CA)

Allen Galbreath v. City of Oklahoma City and Kevin Parton

Oklahoma City, OK - Allen Galbreath sued the City of Oklahoma City and Kevin Parton on civil rights violations under 42 U.S.C. 1983.

Allen Galbreath was arrested for disorderly conduct while performing his morning
ballet exercises in an Oklahoma City park. He brought a civil rights action under 42
U.S.C. § 1983 against the arresting officer and the City, alleging the arrest lacke

More...   $0 (10-20-2014 - OK)

Gwendolyn Baker v. Airguid Manufacturing, LLC

The plaintiff below, Gwendolyn Baker, appeals a final summary judgment
entered in favor of the defendant, Airguide Manufacturing, LLC (“Airguide”),
based on the trial court’s ruling that Airguide was entitled to workers’
compensation immunity. Because we find the trial court correctly found that
Airguide was entitled to immunity under section 440.11(2) of the Florida Statut

More...   $0 (10-29-2014 - FL)

Anthony Aulisio, Jr. v. Bill Bancroft

Anthony Aulisio, Jr., appeals from a jury verdict that found defendants, consisting of his homeowner association’s management company (Optimum Professional Property Management and Debra Kovach), the patrol service it employed (BLB Enterprises, Inc., dba Patrol One, and Bill Bancroft), and a towing company (PD Transport, dba Southside Towing, and John Vach), did not wrongfully tow and convert his

More...   $0 (10-30-2014 - CA)

The City of Houston v. Downstream Environmental, L.L.C.

The City of Houston appeals from an interlocutory order denying its request to vacate a previously entered agreed order, which the City contends is a temporary injunction. We agree that it is a temporary injunction. Because it does not comply
2
with the requirements of the Rules of Civil Procedure, it is void. Accordingly, we reverse.
Background
For more than four years, the partie

More...   $0 (10-30-2014 - TX)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. (“Arrow”) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and awa

More...   $0 (10-29-2014 - TX)

Daniel Golodner v. Martin Berliner

Plaintiffs-appellees Daniel Golodner and Security Technology Systems (“STS”) brought
suit under 42 U.S.C. § 1983 alleging that the City of New London (“the City”) and two City
officials, defendants-appellants Martin Berliner and Robert Myers (“Appellants”), retaliated
against Golodner for exercising his rights under the First Amendment when he filed an earlier
lawsuit

More...   $0 (10-27-2014 - CT)

Wayne McDonald v. Leslie Branch Wise

Former mayoral appointee, Wayne McDonald, filed this action under 42
U.S.C. § 1983 and Colorado state law after he was terminated from his position
with the City of Denver based on the complaint of Officer Leslie Wise that he had
sexually harassed her. He sued the Mayor of Denver, the Mayor’s press
secretary, and the City and County of Denver for due process violations, breach

More...   $0 (10-28-2014 - CO)

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation

Lynn D. Becker appeals the district court’s dismissal of his complaint for
lack of subject matter jurisdiction under 28 U.S.C. § 1331. We have appellate
jurisdiction under 28 U.S.C. § 1291 and affirm.
I
Lynn D. Becker contracted with the Ute Indian Tribe of the Uintah and
Ouray Reservation (Tribe) to provide services related to the Tribe’s development
of its energy an

More...   $0 (10-21-2014 - UT)

Jerry Killingsworth v. The Housing Authority of the City of Dallas

This appeal arises out of Jerry Killingsworth’s contention that the Housing Authority of the City of Dallas (DHA) backed out of a deal to hire him as the DHA’s President and Chief Executive Officer. Killingsworth claims that despite having a written employment contract offering him the position, the DHA yielded to political pressure to retain then-DHA President Ann Lott and refused to allow hi

More...   $0 (10-14-2014 - )

The City of Sugar Land v. Leon Kaplan

Leon Kaplan sued his former employer, the City of Sugar Land, complaining of unlawful discrimination under the Texas Commission on Human Rights Act (the “Act” or “TCHRA”). Kaplan asserted a single claim of age discrimination in his original petition, but after the close of discovery, he amended his pleadings and added a claim of disability discrimination. The City filed a plea to the juris

More...   $0 (10-16-2014 - TX)

Edward R. Lane v. Central Alabama Community College

In Lane v. Cent. Ala. Cmty. Coll., 523 Fed. Appx. 709 (11th Cir. 2013) (per curiam), we affirmed the district court’s grant of summary judgment in favor of Steve Franks, former president of Central Alabama Community College (“CACC”), in Lane’s 42 U.S.C. § 1983 civil action alleging retaliation in violation of the First Amendment. We concluded -- based on existing Eleventh Circuit preceden

More...   $0 (10-08-2014 - AL)

Occupy Nashville, et al. v. William Haslam, et al.

In October 2011, a group of protesters calling themselves
“Occupy Nashville” established an around-the-clock presence on the Nashville War Memorial
Plaza (the “Plaza”) in Nashville, Tennessee, with the aim of bringing attention to disparities in
wealth and power in the United States.1 Occupy Nashville v. Haslam, 949 F. Supp. 2d 777, 785
(M.D. Tenn. 2013). After several week

More...   $0 (10-08-2014 - TN)

Junior Blackston v. Lloyd Ralph, Jr.

Petitioner Junior Fred Blackston is a
Michigan state prisoner serving a life sentence for murder following his retrial and conviction in
state court. Before the second trial was held, two of the state’s key witnesses recanted their
testimony. Because those witnesses were later determined to be unavailable at the new trial, the
court ordered their earlier testimony read to the jur

More...   $0 (10-07-2014 - MI)

Jennifer Raspardo, et al. v. John Carlone, et al.

11 Plaintiffs‐Appellees (the “plaintiffs”), two former and one
12 current female New Britain police officers, brought suit in the
13 United States District Court for the District of Connecticut against
14 the City of New Britain, its police department, the police union, and
15 five individual police supervisors under Title VII of the Civil Rights
16 Act of 1964, 42 U.S.C.

More...   $0 (10-13-2014 - CT)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher