Ernesto Galarza v. Mark Szalczyk |
Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that he was a U.S. citizen. The detainer was withdrawn and Galarza was released. Galarza then filed this § 1 $0 (03-04-2014 - PA) |
Becky L. Coats v. State of Utah, Department of Workforce Services |
Becky Coats works for the Utah Department of Workforce Services as an |
Kevin Ficke v. Tommy Ratliff |
Kevin Ficke appeals a district-court judgment granting the appellees’ plea to the jurisdiction based on governmental immunity and dismissing his claims against the Hays County Sheriff’s Department and the Hays County District Attorney’s Office (collectively, Hays County).1 Ficke contends that Hays County waived immunity by its conduct. The parties are familiar with the facts, procedural hist $0 (02-28-2014 - TX) |
City of Houston v. Robert A. Smith |
This is an accelerated appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction. The City argues that the trial court erred in denying the plea because appellee Robert A. Smith did not timely satisfy the |
Marilyn P. Weaver v. Paul McKeever |
Appellant, Marilyn Weaver, sued appellee, Paul McKeever, for malicious prosecution based on a number of citations McKeever issued to Weaver for her non-code-compliant roof. McKeever moved to dismiss, asserting governmental immunity because he issued the citations in his capacity as a code enforcement |
John Dariano v. Morgan Hill Unified School District |
We are asked again to consider the delicate relationship between students’ First Amendment rights and the operational and safety needs of schools. As we noted in Wynar v. Douglas County School District, 728 F.3d 1062, 1064 (9th Cir. 2013), “school administrators face the daunting task of evaluating potential threats of violence and keeping their students safe without impinging on their constit $0 (02-28-2014 - CA) |
Janetta Blakely v. Ethan Rieves |
Plaintiff, Janetta Blakely, by and through her attorney, J.P. Longacre, and for her said Cause of action against the Defendant, Ethan Rieves, alleges and states as follows: |
Scott M. Matusick v. Erie County Water Authority |
Appeal from judgments of the United States District Court for the |
Camille Mae Kramer v. Wasatch County Sheriff's Office |
Camille Kramer sued the Wasatch County Sheriff’s Department, her former employer, for sexual harassment under Title VII of the Civil Rights Act and 42 U.S.C. § 1983. She appeals from the district court’s grant of summary judgment to Wasatch County on all claims. We affirm summary judgment as to the § 1983 claim but reverse on the Title VII claim, which we remand for trial for the reasons exp $0 (02-25-2014 - UT) |
State of Utah v. Raymond L. Bedell |
¶ 1 The State challenges the Utah Court of Appeals‘ reversal of defendant Dr. Raymond Bedell‘s conviction of misdemeanor sexual battery. The State asserts that a panel majority of the court of appeals erred when it reversed Dr. Bedell‘s conviction on the basis of ineffective assistance of counsel and plain error on the |
Faiez Ennabe v. Carlos Manosa |
Beginning in 1971 this court decided three cases that together reversed decades of previous law and recognized, for the first time, that sellers or furnishers of alcoholic beverages could be liable for injuries proximately caused by those who imbibed. (Vesely v. Sager (1971) 5 Cal.3d 153; Bernhard v. Harrah’s Club (1976) 16 Cal.3d 313; Coulter v. Superior Court (1978) 21 Cal.3d 144.) In 1978, th $0 (02-24-2014 - CA) |
Patrick Wells Knight v. Michael G. Merhige |
These appeals arise from a tragic event—Michael and Carole Merhige’s 35-year-old son, Paul, shot and killed family members at a Thanksgiving gathering in Jupiter, Florida. Following the shooting, representatives of the victims’ estates sued the Merhiges, collectively alleging negligence.1 The circuit court dismissed the complaints for failure to state a cause of action. We affirm the ruling $0 (02-19-2014 - FL) |
Safeco Insurance Company of Illinois v. Earle Rader, Jr. |
Petitioner, Safeco Insurance Company (Safeco), seeks a writ of certiorari with regard to the lower court’s order denying Safeco’s motion requesting the court to enter a final judgment in accordance with Petitioner’s confession of judgment, and also granting Respondent’s motion for leave to amend his complaint seeking underinsured motorist (UM) benefits to add a claim for bad faith. For the $0 (02-21-2014 - FL) |
Brian O'Toole v. Eyelets of Industry, Inc. |
In this uncontested wrongful termination action, the plaintiff, Brian O’Toole, appeals from the trial court’s sua sponte dismissal of his complaint for lack of subject matter jurisdiction. The plaintiff claims that the trial court improperly dismissed his complaint because the court had (1) concurrent jurisdiction to decide his claim brought pursuant to 38 U.S.C. § 4301 et seq., and (2) subje $0 (02-24-2014 - CT) |
Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez v. Joseph Morris McKellar, M.D., d/b/a O.B. Associates; Carter J. Moore, M.D.; Carter J. Moore, M.D., P.A.; Rebecca Thomas, CRNA; Clinical Partners, P.A.- Mt. Pleasant, and Titus Regional Medical Center |
In this medical negligence case, Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez,1 appeal the trial court’s order granting Titus Regional Medical Center’s plea to the jurisdiction. We affirm the judgment of the trial court. |
The City of San Antonio v. The Rogers Shavano Ranch, Ltd. |
The sole issue presented in this appeal is whether a trial court has jurisdiction to award attorney’s fees under the Uniform Declaratory Judgments Act in a lawsuit filed against a city by developers seeking to enforce their vested rights under Chapter 245 of the Texas Local Government Code. Because we hold that the recovery of attorney’s fees from the city under the UDJA is incidental to and r $0 (02-19-2014 - TX) |
Arnold J. Schmidt v. Bank of America |
Plaintiffs Arnold J. Schmidt and Valerie A. Schmidt (together, the Schmidts), as cotrustees of the Arnold and Valerie Schmidt 2005 Revocable Trust, appeal judgments in favor of defendants Bank of America, N.A. (Bank of America) and Aragon Homeowners Association (Aragon HOA) after the court granted defendants' motions for summary judgment on the Schmidts' complaint for trespass, nuisance, and decla $0 (02-21-2014 - CA) |
In re AARICA S. |
Aarica S. appeals from an order of wardship (Welf. & Inst. Code, § 602) following a finding that she committed the crime of soliciting prostitution (Pen. Code, § 647, subd. (b)).1 Appellant contends that because she was a victim of human trafficking, the juvenile court erred in denying her motion under Evidence Code section 1161, subdivision (a), to exclude evidence that she committed a commerci $0 (02-21-2014 - CA) |
Mark T. Fahlen v. Sutter Central Valley Hospitals, et al. |
In Westlake Community Hosp. v. Superior Court (1976) 17 Cal.3d 465 (Westlake), we held that, before a physician may bring a common law tort action directed against a hospital’s quasi-judicial decision to terminate the physician’s staff privileges, he or she must first exhaust all internal hospital procedures to reverse the decision, and, if this fails, must prevail in court in a mandamus proce $0 (02-20-2014 - CA) |
Wildearth Guardians v. Scott Bidegain, Chairman of the New Mexico State Game Commission |
WildEarth Guardians sued the Director of the New Mexico Department of Game and Fish and the Chairman of the New Mexico Game Commission, asserting statutory and regulatory violations. See Endangered Species Act, 16 U.S.C. § 1538(a) (2006); 50 C.F.R. § 17.84(k) (2011). In the complaint, WildEarth alleged that trappers improperly killed or injured Mexican gray wolves, which are protected by statute $0 (02-19-2014 - NM) |
United States of America v. Paris Byron Williams |
The United States of America charged Paris Byron Williams with felon in possession of a firearm and ammunition in violation of 18 U.S.C. 922(g)(1) and 924(a)(2) which provide: |
Jeffrey Mayle v. Jerry L. Maloon |
Jeffrey Mayle, Mildred Kowell, and the estate of Jay Young (collectively “Plaintiffs”) appeal the district court’s judgment granting summary judgment for defendants Jerry L. Maloon II, David R. Hunt, and Lisa Smith (collectively “Defendants”) and dismissing Plaintiffs’ 42 U.S.C. §§ 1983 and 1985 civil rights case. Plaintiffs claimed that Defendants violated their rights under the Fou $0 (02-18-2014 - OH) |
Mann v. Northgate Investors, LLC d.b.a Northgate Apartments |
{¶ 1} The issue in this case is whether a landlord owes the statutory duty under R.C. 5321.04(A)(3) to “[k]eep all common areas of the premises in a safe and sanitary condition” to a tenant’s guest properly on the premises. We hold |
Teaching Our Posterity Success, Inc. v. Indiana Department of Education and Indiana State Board of Education |
Teaching Our Posterity Success, Inc., (“TOPS”) appeals the trial court’s dismissal of its petition for judicial review challenging a decision by the Indiana Department of Education and Indiana State Board of Education (collectively “the DOE”). We reverse and remand. |
Wabash County Hospital Foundation, Inc. d/b/a Wabash County Hospital and Carole Riley v. Hai Lee |
Appellants-Defendants, Wabash County Hospital Foundation, Inc. (Hospital), and Carol Riley (Riley) (collectively, Appellants), appeal the trial court’s grant of Appellee-Plaintiff’s, Hai Lee, M.D. (Dr. Lee), motion to correct error, determining that Dr. Lee’s injuries did not fall within the exclusive jurisdiction of the Indiana Worker’s Compensation Act. |
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