Immunity Law
 
People of the State of Michigan v. Robert Tuttle

Defendant appeals the trial court’s order that (1) held that he was not entitled to immunity under § 4 of the Michigan Medical Marihuana Act (MMMA)1 and (2) denied defendant’s request for dismissal under § 8 of the MMMA and his request to present the § 8 defense at trial. For the reasons set forth in this opinion, we affirm in part and reverse in part.

I. NATURE OF THE CASE

De

More...   $0 (01-31-2014 - MI)

Jeanne Harrison v. Munson Healthcare, Inc.

Jeanne Harrison sustained a quarter-sized forearm burn during thyroid surgery performed by Dr. William Potthoff at Munson Hospital. Postoperatively, Harrison met with a Munson representative to learn the cause of her burn. The representative told her that an electrocautery device called a Bovie had created the wound but offered no additional details. Dissatisfied with that answer and unhappy about

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Stephen L. D'Angelo v. New Hampshire Supreme Court

Plaintiff-Appellant Stephen L. D'Angelo ("D'Angelo"), a licensed attorney appearing pro se, appeals an order from the District Court of New Hampshire dismissing, for failure to state a claim, his complaint against the Defendant-Appellee New Hampshire Supreme Court ("NHSC") and Defendant-Appellee Brian Germaine ("Germaine"), a court appointed Commissioner in the underlying alimony and child suppor

More...   $0 (01-30-2014 - NH)

Clinton Williams v. Liberty Mutual Insurance Co.

The conflict of laws issue in this diversity case, removed from a Mississippi state court, is which state’s law, that of Mississippi or Alabama, applies to decide whether the plaintiff, a Mississippi resident injured in Mississippi while working for an Alabama resident contractor, has an action in tort for damages against the employer’s worker’s compensation insurer because of the insurer’

More...   $0 (01-28-2014 - MS)

David Pierce v. Cotuit Fire District

Plaintiff-appellant David Pierce, former Captain of the Cotuit, Massachusetts Fire Department, brought a complaint against the Department, the Fire Chief, and the Board of Fire Commissioners, alleging political discrimination in violation of the First Amendment and 42 U.S.C. § 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with cont

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Robert C. Bonnet v. Harvest (US) Holdings, Inc.

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th

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Darryl Wadsworth v. Board of Trustees of Lincoln County School District No. Two

[¶1] Lincoln County School District Number Two (the District) notified Darryl Wadsworth, a continuing contract teacher in the District, that his contract was to be terminated on grounds of insubordination, incompetence, and poor work performance. Wadsworth requested a hearing before an independent hearing officer, and following that hearing, the Board of Trustees of Lincoln County School District

More...   $0 (01-16-2014 - WY)

Michael Young v. Jefferson County Sheriff

¶1 In this original C.A.R. 21 proceeding, we review the trial court’s Order denying the Jefferson County Sheriff’s and Deputy John Hodges’s (collectively, “the County”) Renewed Motion to Dismiss on Grounds of Immunity (“Renewed Motion”). We issued a Rule to Show Cause why the trial court’s Order should not be vacated. We now hold that the trial court erred in finding that alle

More...   $0 (01-13-2014 - CO)

Double Knobs Mountain Ranch, Inc.

College of the Mainland appeals from an order denying its plea to the jurisdiction seeking dismissal of a retaliatory discharge suit filed under Chapter 554 of the Texas Government Code by former employee Douglas Meneke. We reverse the trial court’s order and render judgment that this suit must be dismissed because Meneke’s claim is barred by governmental immunity and the trial court therefore

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Jared Garrett v. David Schlemmer

Jared Garrett, individually and as father and next friend of D.G., a minor, sued David Schlemmer d/b/a Silver Wind Stables and Ashley McKenzie d/b/a Silver Wind, LLC and Beverly Palmer on personal tort theories claiming:

1. On or about January 8, 2012, the minor plaintiff, Danielle Garrett, was in the care of Beverly Palmer.

2. On January 8, 2012, defendant P&mer dropped her own

More...   $1 (12-18-2013 - OK)

Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim. On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of his § 19

More...   $0 (01-23-2014 - PA)

Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

More...   $0 (01-24-2014 - NY)

Wade S. Winegar v. Sprinville City

¶1 Wade S. Winegar and Sandra Winegar appeal from the district court’s grant of summary judgment to Springville City (the City). The Winegars contend that summary judgment was improper because the City failed to demonstrate that the Winegars’ lawsuit was untimely under the Utah Governmental Immunity Act. We vacate the entry of summary judgment and remand to the district court.

Winegar

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Ronita McColley v. County of Rensselaer

The County of Rensselaer (“Rensselaer”) and Rensselaer County Drug &
Gang Task Force (“Task Force”) Investigator, Michael Riley (“Riley”), appeal
from a judgment of the United States District Court for the Northern District of

2

New York (Lawrence Kahn, J.) denying summary judgment on their claims of
qualified immunity for purported violations of the Fourt

More...   $0 (01-22-2014 - NY)

Veronica Gonzalez v. Santa Clara County Department of Social Services

Appellant Veronica Gonzalez (Mother) was reported for child abuse after she spanked her 12-year old daughter, A.P. (Daughter), using a wooden spoon with enough force to produce visible bruises. The Santa Clara Department of Social Services (Department) concluded that the report was “substantiated,” and submitted it to the state Department of Justice for inclusion in the Child Abuse Central Ind

More...   $0 (01-21-2014 - CA)

Thomas R. Baptie v. Jonathan Bruno and Aron McNeil

¶ 1. BURGESS, J. Plaintiffs Thomas and Marie Baptie, administrators of the estate of their son, John Baptie, appeal the superior court’s decision granting defendant Aron McNeil, a former police officer, summary judgment with respect to their lawsuit alleging that the officer was liable for the death of their son as the result of his negligent investigation of their complaint again

More...   $0 (12-06-2013 - VT)

Beth Ann Miller v. Mylan, Inc.

Beth Ann Kelly died after receiving a fatal dose of fentanyl. Her estate subsequently brought this lawsuit alleging that the defendant’s fentanyl patch caused Kelly’s death. The defendant pleaded immunity under a Michigan statute that immunizes manufacturers of “drugs” from suit. The district court determined that the fentanyl patch was a “drug” and consequently granted the defendant

More...   $0 (01-21-2014 - MI)

Iman Sharif v. C.O. Nathan Picone

Plaintiff, Iman Sharif, appeals from a jury verdict in favor of Defendants - several Northampton County Prison officers - on Sharif’s 42 U.S.C. § 1983 excessive force claim.

On appeal, Sharif argues that the District Court erred in admitting evidence of Sharif’s prior plea of nolo contendere and resulting conviction for assault in connection with the incident that is at the heart of hi

More...   $0 (01-21-2014 - PA)

Jody L. Savage v. Maine Pretrial Services, Inc.

[¶1] Jody Savage appeals from a judgment of the Superior Court (Cumberland County, Wheeler, J.) dismissing Count I of her complaint alleging that the termination of her employment by Maine Pretrial Services was a violation of the Maine Medical Use of Marijuana Act (MMUMA or Act), 22 M.R.S. §§ 2421-2430-B (2012). She argues that her application for a license to operate a medical marijuana dispen

More...   $0 (01-17-2013 - ME)

Ruth Vargas v. City of Fort Myers, Florida

On March 3, 2005, Vargas was injured in a traffic accident involving a Fort Myers police car. On May 13, 2005, Vargas's attorney sent Fort Myers a letter informing it of the accident, requesting insurance information, and informing it that Vargas was represented by an attorney. On May 16, 2005, Fort Myers responded to the letter and disclosed that it was self-insured and outlined its liability lim

More...   $0 (01-17-2014 - FL)

Campbell County Memorial v. Jaime A. Williams Pfeifle

[¶1] Campbell County Memorial Hospital (“the hospital”) appeals from a district court order denying its motion for partial summary judgment in a medical malpractice action. The district court determined that a government hospital could be vicariously liable for acts of non-employees or independent contractors under the doctrine of ostensible agency. The district court based its ruling on this

More...   $0 (01-07-2014 - WY)

Darryl Wadsworth v. Board of Trustees of Lincoln County School District Number Two

[¶1] Lincoln County School District Number Two (the District) notified Darryl Wadsworth, a continuing contract teacher in the District, that his contract was to be terminated on grounds of insubordination, incompetence, and poor work performance. Wadsworth requested a hearing before an independent hearing officer, and following that hearing, the Board of Trustees of Lincoln County School District

More...   $0 (01-16-2014 - WY)

City of Dallas v. Brian Loncar, Sue Loncar, et al

The City of Dallas appeals the trial court’s order denying in part the City’s plea to the jurisdiction. In three issues, the City argues the trial court erred in denying its plea to the jurisdiction because the City is immune from suit and immunity has not been waived. The City further complains the trial court should not have considered certain affidavits. We reverse the trial court’s order

More...   $0 (01-16-2014 - TX)

Mark Fails v. Jefferson Davis County Public Schools

The plaintiffs’ daughter was barred from attending a school outside her district. The plaintiffs filed a § 1983 action against Glenn Swan, the district’s conservator, and the district for monetary damages and an injunction. The plaintiffs assert a constitutionally protected right in sending their child to a school outside their district. We agree with the district court’s holding that there

More...   $0 (01-15-2014 - MS)

Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo

More...   $0 (01-14-2014 - MA)

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