Defendant and appellant Reece Clark (defendant) pleaded guilty to possession of cocaine and a short-barreled shotgun. On appeal, defendant contends that the trial court erred when it denied his motion to suppress evidence pursuant to Penal Code section 1538.5 (section 1538.5). According to defendant, the affidavit in support of the search warrant did not establish probable cause to search his resi

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

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape

VMS, Inc. appeals from a partial summary judgment determining that it was
estopped from asserting workers’ compensation immunity to bar an action
sounding in negligence brought by the employee of a sub-subcontractor. Because
VMS secured the payment of compensation required by statute, we find that VMS
is not estopped from asserting such immunity and reverse.
As pertinent here

Mercury Casualty Company (Mercury) filed an action seeking declaratory relief regarding its insurance obligation towards students Hung Chu (Chu) and his roommate Tu Pham (Pham). Mercury issued an automobile policy to Chu insuring his
2
1995 Honda Accord. Chu was driving, and Pham was a passenger, when Chu collided with a vehicle driven by Krystal Nguyen Hoang (Hoang). Pham filed a personal

Defendant Jimmie L. Doss, Jr. appeals from a judgment entered after a jury convicted him of assault with a deadly weapon and battery. The sole issue on appeal is whether the trial court applied an incorrect legal standard in revoking Doss’s right to represent himself under Faretta v. California (1975) 422 U.S. 806 (Faretta).1 We conclude that the trial court applied an incorrect standard, and we

The Harris County Community Supervision and Corrections Department brings this interlocutory appeal from the denial of its motion for summary judgment based on the election of remedies provision of the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. § 101.106. We affirm.
Appellee Paula Trejo sued Harris County and an employee of the Department for personal injuries Trejo sustained

Appellee Tom Kozeny sued Appellant Bell County, asserting a Whistleblower
claim. The trial court denied Bell County’s plea to the jurisdiction. Asserting one issue,
Bell County appeals. We will reverse and remand.
A county’s immunity from suit defeats a trial court’s subject-matter jurisdiction;
thus, it is properly asserted in a plea to the jurisdiction. See Tex. Dep’t of

On behalf of their minor children, Appellants, Sonia Herrera Marquez, Claudia Garcia, and Alicia Gomez, (Parents) filed suit against Appellee, Clint Independent School District, alleging violations of the Texas Constitution and seeking declaratory and injunctive relief. Parents appeal from the trial court’s order granting the school district’s motion to dismiss and plea to the jurisdiction. We

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a

Beatriz Smith sued the San Antonio Water System (SAWS) for injuries she sustained when she fell into a hole on a sidewalk. SAWS filed a plea to the jurisdiction, asserting it did not receive notice of the claim against it as required by the Texas Tort Claims Act. The trial court denied the plea. We affirm the order because we hold that 1) SAWS is not a “governmental unit” entitled to notice un

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
2
damaged” by Hurricane Ike. She claimed that this determination, communicated in a le

4 Monique Jackson appeals from Judge Chatigny’s grant of
5 summary judgment dismissing her medical leave, disability,
6 employment discrimination, and retaliation claims and denial of
7 her pro se request to reopen discovery. We write to clarify the
8 obligations of a district court in granting summary judgement
9 under Fed. R. Civ. P. 56. We affirm.
10 BACKGROUND
11

Sixteen years ago Carolyn Bayless began to suffer from a mysterious debilitating
illness. As her condition deteriorated over the years that followed, she doggedly sought
to learn what caused (and how to treat) her illness. Finally, in 2008, convinced that she
was the victim of exposure to nerve gas emitted by an Army testing facility, she filed a
claim under the Federal Tort Claims

We must decide whether a suspicionless roving
automobile stop of commercial fishers made while they drive
on a public highway to investigate compliance with
Washington fish and game laws constitutes an unreasonable
search and seizure within the meaning of the Fourth
Amendment and, if so, whether this right was clearly
4 TARABOCHIA V. ADKINS
established as of the time of

Appellants Gaia Environmental, Inc. and AXL Industries, L.L.C. brought claims against appellees James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. (“MAPA”) for tortious interference with a prospective business relationship, tortious interference with an existing contract, civil conspiracy, and aiding and abetting. Gaia and AXL alleged that attorney Galbraith and his firm
MAPA,

¶1 The determinative issues are whether: 1) statutory immunity pursuant to the Good Samaritan Act, 76 O.S. 2001 §5 et seq., precludes recovery against a doctor who attempted to provide care to an emergency room patient with whom he had no contractual relationship; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable.

¶1 Rhonda Nichols worked as a file clerk for Pray, Walker, Jackman, Willliamson & Marler for twenty-three years before she was let go for economic reasons. Nichols claimed that when she subsequently looked for employment and potential employers would call to verify her past employment, that Pray, Walker did not accept or return the calls, or advised potential employers that nothing would be said.

In this appeal, we consider whether the Native American
Graves Protection and Repatriation Act (“NAGPRA” or “the
Act”) abrogates tribal sovereign immunity and, if not,
whether the district court properly dismissed this declaratory
WHITE V. UNIVERSITY OF CALIFORNIA 5
judgment action because the tribes and their representatives
were indispensable parties under Fed. R.

Today, individuals can share their opinions with the entire
world courtesy of a few taps on the keyboard. The appellee
in this case, Yelp! Inc. (“Yelp”), provides an online forum on
which its users express opinions as to services ranging from
dog walkers to taco trucks.
The appellees, Boris Levitt, Cats and Dogs Animal
Hospital, Inc. (“Cats and Dogs”), John Mercurio

The Thlopthlocco Tribal Town is a federally recognized Indian tribe in
Oklahoma. An election dispute arose about which individuals were properly
elected or appointed to govern the Thlopthlocco people. Seeking to resolve that
dispute, the Tribal Town filed suit in the tribal court of the Muscogee (Creek)
Nation and, accordingly, voluntarily submitted to that court’s jurisdiction.<

The Clean Air Act required Utah to submit a proposed implementation plan to the
Environmental Protection Agency. Utah complied, but the EPA rejected parts of the
plan. The State of Utah and other aggrieved parties could obtain judicial review under 42
U.S.C. § 7607(b)(1) by filing a petition within 60 days. See Clean Air Act, 42 U.S.C.
§ 7607(b)(1) (2012).
3
The State of

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises,

¶ 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
GLAITTLI v. STATE
Opinion of the Court
2
shoulder. Mr. Glaittli claimed his i