Immunity Law
 
Biodiversity Conservation Alliance, f/k/a Biodiversity Associates v. Daniel J. Jiron, et al.

This appeal consolidates two cases about United States Forest Service (the “Forest
Service”) actions in the Black Hills National Forest (“BHNF”), which straddles the
Wyoming and South Dakota border.
The Appellants,1 led by Biodiversity Conservation Alliance, are non-profit entities
(collectively, “Biodiversity”) interested in species and habitat protection in the BHNF.<

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The Estate of B.I.C. v. Linda Gillen

Brooklyn Coons (called “Brook” by her estate) died from being shaken and possibly struck on the head while in the care of her father’s girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook’s vulnerability to danger. T

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Kenneth Mark Dorrough v. John Murray Faircloth and Helen Bowen

In response to a complaint that Appellee John Faircloth was interfering with others’ right to fish, Appellant Kenneth Mark Dorrough, a deputy game warden, entered Faircloth’s lakefront property. He saw Appellee Helen Bowen, Faircloth’s wife, questioned her briefly, and then questioned Faircloth. After a heated verbal exchange between Faircloth and Dorrough, Appellees sued Dorrough alleging s

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Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
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mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha

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Martha Duban v. Waverly Sales Co.

Thomas and Martha Duban brought a negligence action against Waverly Sales
Company (Waverly) arising out of injuries Martha sustained when she was stepped
on by a horse at a Waverly draft horse auction. The district court1 denied Waverly’s
1The Honorable Jon Stuart Scoles, United States Magistrate Judge for the
Northern District of Iowa, to whom the case was referred for final dis

More...   $237535 (07-28-2014 - IA)

Timothy B. Bostic v. George E. Schaefer, II

Via various state statutes and a state constitutional amendment, Virginia prevents same-sex couples from marrying and refuses to recognize same-sex marriages performed elsewhere. Two same-sex couples filed suit to challenge the constitutionality of these laws, alleging that they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The district court granted the couples

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Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons

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Office of Attorney General v. Kimberly Ann Parks-Cornelius

The Office of the Attorney General of Texas (OAG) appeals from a default judgment rendered in favor of Kimberly Ann Parks-Cornelius in her suit to recover past due child support. OAG contends the trial court’s judgment should be reversed because there is error apparent on the face of the record. We reverse and render.
BACKGROUND
Parks-Cornelius’s ex-husband was ordered to pay child sup

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Darlene Fike as next friend of Hunter E. Bodine, a minor child v. Travis Miller, et al.

Darlene Fike, as next friend of Hunter E. Bodine, a minor child, appeals from the trial court’s orders dismissing her suit against Travis Miller, Jim Gregory, and Latexo Independent School District (LISD). Fike contends that she asserted claims that should not have been dismissed. We affirm.
BACKGROUND
Bodine is a student at LISD, and Miller is one of his coaches. Gregory is the superint

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Angela Matthews v. Shirley Lenoir

In this interlocutory appeal,1 Angela Matthews appeals the trial court’s order denying her motion to dismiss a wrongful death health care liability claim arising out of her alleged negligence in providing nursing care to Shana Lenoir and her two unborn children. Matthews was employed as a nurse by U.T. Physicians. The trial court held that Shirley Lenoir, Individually and as Personal Representat

More...   $0 (07-22-2014 - TX)

Kathryn Settle v. State of California

A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute.
Code of Civil Procedure 1038 requires a mandatory award of defense costs where the trial court grants summary judgment and f

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The People v. Brittany Kim Dowdell

Defendants Terrance Ray Lincoln and Brittany Kim Dowdell were tried before dual juries for offenses arising out of a robbery/carjacking/kidnapping incident in Sunnyvale. The jury trying Lincoln (the Lincoln jury) found him guilty on five counts as charged: Count One—kidnapping for ransom or extortion; Count Two—kidnapping during a carjacking; Count Three—carjacking; Count Four—kidnapping f

More...   $0 (07-17-2014 - CA)

The People v. Brian Cole Fiore

Defendant Brian Fiore drove his friend, David Fields, from the Bay Area to Humboldt County so Fields could buy a large quantity of marijuana. Instead of buying the marijuana, Fields stole it at gunpoint, and Fiore drove him away in Fiore’s Jeep. A chase ensued, and multiple shots were fired at law-enforcement officers from the Jeep. The officers did not fire back. The pursuit ended when the Jeep

More...   $0 (07-16-2014 - CA)

Mark Bernhard v. City of Aransas Pass, Texas

This appeal arises from the granting of a plea to the jurisdiction. Appellant Mark Bernhard raises three issues on appeal: (1) the trial court erred in granting the plea to the jurisdiction; (2) his claims are not barred by the Recreational Use Statute (“RUS”), see TEX. CIV. PRAC. & REM. CODE ANN. §§ 75.001–.007 (West, Westlaw through 2013 3d
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C.S.); and (3) the duty owed to him b

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The Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga

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Len Rao v. The American Arbitration Association

Len Rao appeals the trial court’s granting of a plea to the jurisdiction filed by the
American Arbitration Association. In two points of error, Rao argues the trial court erred in
granting AAA’s plea to the jurisdiction because (1) the arbitral immunity doctrine does not apply
to AAA’s actions and (2) AAA does not have jurisdiction to arbitrate the alleged arbitration
clause.

More...   $0 (07-21-2014 - TX)

Edwin K. Lang v. Texas Department of Public Safety and Steven C. McCraw, Director of Texas Dept. of Public Safety

This is an administrative appeal from an order of the Texas Public Safety
Commission (the Commission) affirming the discharge of Edwin Keith Lang from his job
as a highway patrolman for the Department of Public Safety of the State of Texas (DPS). The
Commission issued its order after hearing evidence that Lang had falsely documented DWI arrests
he had never made, generated fictitio

More...   $0 (07-18-2014 - )

Luis Jesus Guzman v. Dale Piercy v. Canyon County

Dale Piercy appeals the district court’s dismissal of his amended action for declaratory relief, which challenged the validity of a herd district ordinance enacted in 1982 by the Canyon County Commissioners. The district court dismissed Piercy’s claim on the basis that it was barred by a seven-year statute of limitations or, in the alternative, a four-year statute of limitations. Piercy challe

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William P. Teurlings v. Mallory E. Larson

This appeal arises from an action filed against Mallory Martinez1, a National Guard member, by William Teurlings. Teurlings alleged he suffered personal injury and economic damage resulting from a vehicle collision caused by Martinez’s negligence. Martinez moved for summary judgment asserting immunity under I.C. § 6-904(4), which provides immunity to National Guard members for claims arising ou

More...   $0 (02-10-2014 - ID)

Debra A. Peterson v. Myron G. Peterson

This is an appeal out of Canyon County from an appellate judgment of the district court reversing the order of the magistrate court which granted a motion to renew a judgment for child support. We reverse the district court’s holding that the motion to renew the judgment was barred by the statute of limitations.
I.
Factual Background.
2
On October 3, 1985, a decree of divorce was

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Lynda Jackson v. Oklahoma City Public Schools (Independent School District No. 89)

¶1 Plaintiffs/Appellants Lynda Jackson and Aaron Williams (Parents), individually and as parents and next friends of Hakeem Williams (Student), appeal from summary judgment entered in favor of Defendant/Appellee Independent School District No. 89, Oklahoma City Public Schools (District). Parents alleged a teacher assaulted Student and made claims for respondeat superior liability as well as negli

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Lynette Wilson v. City of Chicago

This case arises out of the fatal shooting of Raul Barriera by a Chicago police officer. Barri-era’s mother, Lynette Wilson, filed suit on behalf of herself and Barriera’s estate against the City of Chicago and the of-ficers who were present at the scene: Andrew Hurman, Da-vid Cummens, and Donald Jerome. Wilson ultimately as-serted the following claims at trial: (1) a claim against the po-lice

More...   $0 (07-14-2014 - IL)

Frederick M> Abrams v. Department of Public Safety, State of Connecticut

On appeal, Plaintiff‐Appellant Frederick M. Abrams (“Abrams”)
challenges a March 31, 2012 order of the United States District Court for the
District of Connecticut (Robert N. Chatigny, Judge) and a December 5, 2012 jury
verdict (Charles B. Kornmann, Judge). Abrams brought claims under 42 U.S.C.
§ 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.

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John Gustav Block v. City of Lewiston

John Block appeals the district court’s grant of summary judgment dismissing his negligence and gross negligence claims against the City of Lewiston. We affirm the district court.
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I. FACTUAL AND PROCEDURAL BACKGROUND
In 2005, Block purchased property in Lewiston, Idaho, from Jack Streibick for real estate development. Block then submitted an application to resubdivide the property

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Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain

More...   $0 (07-11-2014 - IA)

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