Michael Verdugo v. Target Corporation |
At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed to address a question of state law that is potentially determinative of an appeal now pending before that federal appellate court. (Cal. Rules of Court, rule 8.548.) The question, as reformulated and narrowed to conform to the facts of the pending appeal, is whether, under California law, t $0 (06-23-2014 - CA) |
Arnold Ochoa v. The City of Palmview |
In this accelerated appeal, appellant Arnold Ochoa challenges the trial court’s judgment granting a plea to the jurisdiction in favor of appellee, the City of Palmview, Texas (“Palmview”), on the basis of governmental immunity. We affirm. |
Mark and Rhonda Lesher v. Shannon and Gerald Coyel and Val Varley |
Following their criminal prosecution and acquittal for the aggravated sexual assault of Shannon Coyel, appellants Mark and Rhonda Lesher sued Shannon for malicious prosecution and also sued her, her husband Gerald Coyel, and prosecutor Val Varley for violations of title 42, sections 1983 and 1985 of the United States Code. Shannon, Gerald, and Varley each filed a motion for summary judgment, which $0 (06-16-2014 - TX) |
Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden |
In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its |
Edward R. Lane v. Steve Franks |
Almost 50 years ago, this Court declared that citizens do not surrender their First Amendment rights by accepting public employment. Rather, the First Amendment protection of a public employee’s speech depends on a careful balance “between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the $0 (06-19-2014 - AL) |
Michael P. Brannon, Psy.D. v. Howard Finkelstein |
Plaintiff Michael P. Brannon filed suit in the district court alleging that defendant Howard Finkelstein reduced and ultimately terminated Brannon’s consulting work as a forensic psychologist for the Broward County Public Defender’s office in retaliation for Brannon’s constitutionally protected testimony about a Florida state court judge. The United States District Court for the Southern Dis $0 (06-18-2014 - FL) |
Christopher Mulgrew v. Spectraseis, Inc. |
This appeal arises from the dismissal of a personal injury case based on the trial court’s determination that a foreign jurisdiction had exclusive jurisdiction over the work-related injury suffered by the appellant, Christopher Mulgrew. Mulgrew asserts that the dismissal for want of jurisdiction was erroneous because (1) appellee Spectraseis, Inc. did not establish that Mulgrew was an employee f $0 (06-10-2014 - TX) |
The Montrose Management District and The Public Officials; Claude Wynn, Randy Michmore, Cassie Stinson, Kathy Hubbard, Brad Nagar, Robert Jara, Bobby Huegel, Dana Thorpe, Lane Llewellyn, David Robinson, Michael Grover, Randy Ellis and Bill Calderon v. 1620 Hawthorne, LTD |
This is an appeal from the trial court’s denial of a summary judgment motion based on governmental immunity.1 The Montrose Management District (the District), the Public Officials,2 and Executive Director Bill Calderon (collectively, the Appellants) assert that the trial court erred in denying their summary judgment motion on several grounds. In their first issue, which contains several sub-issu $0 (06-10-2014 - TX) |
Jerry Alfred Futch, Jr. v. Baker Botts, LLP |
After pleading guilty to the felony offense of false reporting, a former client sued the law firm that had represented him, asserting a claim for breach of contract and seeking forfeiture of attorney’s fees based on alleged breaches of fiduciary duty. The trial court granted summary judgment in favor of the law firm based on |
Nancy Quested v. The City of Hourson |
Today we decide whether an on-call Houston Police Department SWAT1 officer driving his personal vehicle to respond to a hostage stand-off situation is “responding to an emergency call” for the purposes of governmental immunity.2 |
Marissa Rea v. Blue Shield of California |
In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s $0 (06-10-2014 - CA) |
James C. Hill v. Didier Degery |
Plaintiffs James C. Hill and Dawn L. Hill as trustees under a revocable trust dated February 17, 1977 (the Hills) appeal from a postjudgment order awarding contractual attorney fees to Affirmed Housing Group (Affirmed) under Civil Code section 1717. |
College of the Mainland v. Bruce Glover |
This is a case of alleged gender discrimination. Bruce Glover claims that his employer, the College of the Mainland (the “College”), gave preferential treatment to female colleagues in matters concerning their compensation. The College moved to dismiss, claiming that the trial court lacked jurisdiction because Glover had not timely pursued his administrative remedies. On alternative grounds, t $0 (06-05-2014 - TX) |
JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick |
In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an $0 (06-05-2014 - TX) |
Alma Richardson v. Texas Workforce Commission and Fort Bend County, Texas |
This appeal arises out of a lawsuit Alma Richardson filed to challenge a Texas Workforce Commission (TWC) decision denying her unemployment benefits. Richardson appeals the trial court’s order granting pleas to the jurisdiction |
Freddy Joe Burton v. Infinity Capital Management |
This case requires us to decide whether an attorney who prepares an order to show cause for a judge is entitled to absolute quasi-judicial immunity. We hold that he is not and affirm the judgment of the district court. |
Terry L. Freeze and Earnest D. Colvin v. City of Decherd, Tennessee |
This appeal presents the question of whether two police officers possess a property interest in their continued employment. The district court held that they do not. We hold that they do. We therefore REVERSE the judgment of the district court and REMAND this case for proceedings consistent with this opinion. |
Paul Bryan v. Erie County Office of Children and Youth, et al. |
In the midst of trial in the District Court, the parties agreed to a high-low settlement. Regardless of the verdict, the Bryan family was to receive at least $900,000. And regardless of the verdict, defendants Cindy Baxter and Renie Skalko were to pay no more than $2.7 million. So when the jury returned an $8.6 million verdict for the Bryans, Baxter and Skalko tendered $2.7 million and asked the B $0 (05-20-2014 - PA) |
Katherine M. Cady v. Barbara Walsh (Cumberland County Jail) |
Katherine Cady, on behalf of the estate of her son, Paul Victor Galambos, III, brought this 42 U.S.C. § 1983 action after Galambos's death from self-inflicted injuries that he suffered while he was a pretrial detainee at the Cumberland County Jail (CCJ). The action alleged that employees of Corizon, Inc., the private company providing healthcare services at CCJ, were deliberately indifferent to G $0 (06-04-2014 - ME) |
United States of America v. Certified Environmental Services, Inc. |
Certain technical state and federal regulations governing the removal of asbestos underlie the charges in this case. Asbestos is severely toxic, and “medical science has not established any minimum level of exposure to asbestos fibers which is considered to be safe.” 20 U.S.C. § 3601(a)(3). Its complete removal is therefore required by both federal and state regulations. |
Jean Largen v. Wenco Energy Corporation |
¶1 Plaintiff/Appellant Jean Largen, Individually and as Personal Representative of the Estate of Paul Kanady, Deceased, seeks review of the trial court's order granting the motion to dismiss of Defendant/Appellee Wenco Energy Corporation, an Oklahoma corporation in Plaintiff's action to recover for the wrongful death of Decedent. In this appeal, Plaintiff asserts the trial court erred in dismissi $0 (04-29-2014 - OK) |
Randy Smith v. The City of Stillwater and The Board of County Commissioners of Payne County |
¶1 Decedent was allegedly engaged in drag racing while operating a motorcycle on the night of August 8, 2008. A police officer for the City of Stillwater attempted to stop Decedent. When Decedent failed to stop, several Payne County and City of Stillwater law enforcement officers pursued him. In the course of the pursuit, Decedent drove his motorcycle into the edge of a "T" intersection, resultin $0 (05-20-2014 - OK) |
Chester Rouse v. Grand River Dam Authority and Daniel S. Sullivan |
¶1 On February 25, 2013, Chester Rouse filed a wrongful termination suit against the Grand River Dam Authority (GRDA) and Daniel S. Sullivan. The petition alleged GRDA and Mr. Sullivan terminated Mr. Rouse on February 17, 2012, in retaliation for filing an overtime complaint under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 through § 219. Retaliation for filing such a complaint is forb $0 (05-20-2014 - OK) |
Joseph Piccinini v. California Emergency Management Agency |
Appellant Joseph Piccinini was offered and accepted employment as a deputy chief in the California Emergency Management Agency. The Friday night before he was to report for work, he was told not to come because the position for which he was hired had been eliminated. He incurred expenses in reliance on his appointment and sued for damages. The State’s demurrers to Piccinini’s complaints were s $0 (05-27-2014 - CA) |
The People v. Steven Petrilli |
Late one night, defendant Steven Petrilli drove a stolen minivan around San Francisco with his wife and two acquaintances. The acquaintances periodically left the van, committed a robbery, and returned to the van. Once they were back inside, defendant drove away. After the fourth such robbery, police spotted the van, and defendant drove off at a high speed. The subsequent pursuit ended when defend $0 (05-28-2014 - CA) |
Next Page |