This case is before the court on remand from the Florida Supreme Court in Pomfret v. Atkinson, 131 So. 3d (Fla. 2013). The Florida Supreme Court quashed our court’s original decision, see Pomfret v. Atkinson, 53 So. 3d 413 (Fla. 4th DCA 2011), and remanded for further proceedings in light of its decision in DelMonico v. Traynor, 116 So. 3d 1205 (Fla. 2013). DelMonico held that an absolute privil

New York, NY - Preet Bharara, the United States Attorney for the Southern District of New York, announced today that S.A.C. CAPITAL ADVISORS, L.P. (“SAC Capital LP”), S.A.C. CAPITAL ADVISORS, LLC (“SAC Capital LLC”), CR INTRINSIC INVESTORS, LLC (“CR Intrinsic”), and SIGMA CAPITAL MANAGEMENT, LLC (“Sigma Capital”) (collectively, the “SAC Companies”), which are responsible for th

GoDaddy.com, LLC (“GoDaddy”) filed a petition in this Court seeking an order permitting an interlocutory appeal of the trial court’s order denying GoDaddy’s motion to dismiss plaintiffs’ claims on the basis that such claims are barred by section 230 of the Communications Decency Act (the “CDA”). See 47 U.S.C. § 230. We granted GoDaddy’s request to file an interlocutory appeal. Aft

The law imposes a duty on emergency room physicians to treat patients regardless of their ability to pay. When those patients are enrollees in health care service plans (HMO’s),1 the law imposes an obligation on the HMO’s to reimburse the physicians for emergency treatment provided to the enrollees, even when the physicians were not under contract to the HMO’s. HMO’s sometimes delegate the

¶1 This case arises from a motor vehicle collision that occurred while Deputy Sheriff Raymond Leach was responding to a call for assistance. The driver of the other vehicle was killed and his passengers were severely injured. Dana Burgin filed this action individually and as surviving spouse of Carlton Burgin. William Burgin, Carlton's father, joined as a plaintiff. Because Plaintiffs' claims inc

¶1 Plaintiff Brandon J. Griffey appeals the summary judgment of the district court that his suit against Kibois Area Transit Systems (KATS) was barred by the notice and jurisdiction provisions of the Governmental Tort Claims Act (GTCA) contained in 51 O.S. Supp. 2006 §§ 156-157. On review, we affirm the judgment of the district court.

BACKGROUND

¶2 On June 17, 2010, Griffey w

¶1 In this original proceeding, Tulsa Stockyards, Inc. (petitioner) challenges the constitutionality of the CompSource Mutual Insurance Company Act (Act), 2013 Okla. Sess. Laws, ch. 254 (codified at 85 O.S.Supp.2013, §§ 375.1 et seq.). The Act requires that CompSource Oklahoma (CompSource) be restructured to do business as a domestic mutual insurer without capital stock or shares under the name

Eugene Eldridge and Raymond Perry appeal the trial court’s judgment dismissing their premises-liability suit against Brazoria County. In four issues, Eldridge and Perry assert that the trial court erred by granting the county’s plea to

2

the jurisdiction and complain that the trial court should have granted their motion to compel discovery related to jurisdictional issues.

While in the custody of the Mississippi Department of Corrections, Randy Lynn Cheney died from a severe viral syndrome that ultimately resulted in cardiac and respiratory arrest. The Plaintiff, Cheney’s father, filed suit pursuant to 42 U.S.C. § 1983, asserting that the prison officials and medical staff who were responsible for treating Cheney were deliberately

Case: 13-60082 Documen

This is an interlocutory appeal from a trial court order denying a plea to the jurisdiction that was filed by Appellant Rolling Plains Management Corporation of Baylor, Cottle, Foard, Hardeman, and Wilbarger Counties d/b/a Sharp Lines Rural Public Transportation (Rolling Plains). The sole issue we address in this appeal is whether Rolling Plains possessed actual notice “that the claimant, has re

Francisco and Sonia Pages (“Dr. and Mrs. Pages”) appeal two lower court orders: (1) an order denying their exceptions to, and adopting, the general magistrate’s Report and Recommendation; and (2) a final order dismissing their amended complaint with prejudice and entering final judgment in favor of Julio Rafael Seliman-Tapia (“Tapia”). For the reasons that follow, we affirm.

On De

In this inverse condemnation case, appellant, the City of Corpus Christi (“the City”), challenges the trial court’s order denying its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West, Westlaw through 2013 3d C.S.). Appellee, Scorpio Development, L.L.C. (“Scorpio”), contends that the City waived its immunity from suit by taking Scorpio’s property for

Appellant, the City of El Paso (“the City”), brings this accelerated interlocutory appeal following the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West 2008); TEX.R.APP.P. 28.1(a) (stating an appeal from an interlocutory order, when allowed, is accelerated). The City raises three issues for our review.

2

We affirm

Tim Lors sued his employer, the South Dakota Bureau of Information and Technology (BIT), and various state employees (collectively, "defendants"), alleging retaliation in response to a prior discrimination suit that he filed against the same defendants. Lors's complaint asserted jurisdiction under various federal statutes, including Titles I and V of the Americans With Disabilities Act of 1990 (AD

Before us is an appeal in a personal injury suit brought by an employee of Riley Construction named Krien. Riley, the general contractor of a construction project in Wisconsin, had hired Harsco Corporation to sup2

No. 13‐2272

ply scaffolding for the project. Krien, injured in a fall when a plank on a scaffold that he was standing on broke, sued Harsco. The parties settled his claim

This appeal returns to us after remand to the district court. Dr. Jon Oberg, as relator for the United States, brought this action against certain student loan corporations, alleging that they defrauded the Department of Education and so violated the False Claims Act (“FCA” or “the Act”), 31 U.S.C. §§ 3729 et seq. (2006). The district court initially dismissed the complaint in its entire

We must deal with a case of mistaken identity arising out of the arrest and detention of a person named on a warrant not intended to describe him.

I

A

In July 1985, a Los Angeles Superior Court issued an arrest warrant for “Santiago Rivera.” On June 18, 1989, officers of the Montclair Police Department arrested Santiago

RIVERA V. COUNTY OF LOS ANGELES 5

River

Marcia Eisenhour sued Weber County, three of its county commissioners, and a state judge. According to Ms. Eisenhour, the judge (Craig Storey) sexually harassed her and the County retaliated against her for reporting the harassment. She claimed violations of Utah’s Whistleblower Act, the First Amendment, the Fourteenth Amendment’s Due Process and Equal Protection Clauses, and Title VII. The di

Denver police arrested Marvin Booker on a warrant for failure to appear at a hearing regarding a drug charge. During booking, Mr. Booker died while in custody after officers restrained him in response to his alleged insubordination.

Several officers pinned Mr. Booker face-down to the ground, one placed him in a chokehold, and another tased him. After the officers sought medical help for

Terry Beasley sued APAC-Texas, Inc. (“APAC”) for negligence arising out of a motor vehicle accident.1 APAC filed a traditional motion for summary judgment, which the trial court denied. In this interlocutory appeal, APAC challenges the denial of its motion for summary judgment. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d) (West Supp. 2013). We affirm the trial court’s order denying the

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park

¶1 Gordon Todd Skinner was charged and convicted of Conspiracy to Commit Kidnapping AFCF, under 21 O.S.2001, § 421 (Count I); Kidnapping AFCF, under 21 O.S.2001, § 741 (Count II); and Assault and Battery with a Dangerous Weapon AFCF, under 21 O.S.2001, § 645 (Count III), in the District Court of Tulsa County, Case No. CF-2003-4213. 1 In accord with the jury’s recommendation, the Honorable

Plaintiffs David Esparza, Alan Mark, Anthony Mora, and Irene Redd were peace officers employed by the Los Angeles County Office of Public Safety (OPS). The Los Angeles County Board of Supervisors voted to dissolve OPS and merge its functions with that of the Los Angeles County Sheriff’s Department. Plaintiffs each had the opportunity to apply for deputy sheriff positions, but did not meet the Sh

We consider whether prison officials sued for money damages under 42 U.S.C. § 1983 may raise a lack of available resources as a defense.

I. Background

At the time Cion Adonis Peralta arrived at California State Prison, Los Angeles County (Lancaster), the prison had only three or four dentists and three or four dental assistants. It had no office technicians or dental hygienists. Sta

Appellant Aaron Ross (“Appellant”) brought this action challenging his March 12, 2008 and March 25, 2009 arrests for refusing to obey Baltimore City Police Officer Wayne Early’s (“Officer Early”) repeated orders to confine his leafleting to the area designated for protest activities outside the First Mariner Arena (the “Arena”) in Baltimore, Maryland. The designated protest area was