Susan C. Turner v. United States of America |
This case comes before the Court on an appeal of the district court’s grant of summary judgment to the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case, $0 (11-21-2013 - NC) |
Cooter Austin v. Emergency Medical Services Authority and Paramedics Plus, LLC |
Cooter Austin sued the Emergency Medical Services Authority and Paramedics Plus, LLC on wrongful termination theories claiming: |
Shealeen Hillerson v. Bismarck Public Schools and Mandan Parks and Recreation, and Missouri Valley Family Young Men's Christian Association |
[¶1] Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because we conclude that the waiver of liability signed by T.D.'s mother is ambiguous, a question of fact exists a $0 (10-22-2013 - ND) |
Dianna Johnson v. Government of the District of Columbia and Todd Dillard |
Concerned that contraband poses significant dangers to inmates and employees, many penal institutions strip search incoming detainees. The appropriateness of these invasive procedures doubtless looks different from the perspective of detainees such as Appellants—women forced to endure strip searches while awaiting presentment hearings at the District of Columbia Superior Court. Alleging that suc $0 (11-15-2013 - DC) |
Elmer R. Caldwell v. Eric K. Shinseki |
Elmer R. Caldwell appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”). The Veterans Court affirmed a decision of the Board of Veterans’ Appeals (“Board”) denying his claim for disability compensation based on arthritis in his foot and toe. We dismiss the appeal for lack of jurisdiction. |
Robert J. May v. Eric K. Shinseki |
Robert J. May appeals a decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”) dismissing his appeal of a decision by the Board of Veterans Appeals (“Board”) denying him service-connected entitlements for his lumbar spine disability. May v. Shinseki, No. 12-2117, 2012 WL 4478804 (Vet. App. Oct. 1, 2012), aff’d per curiam 2012 WL 6603669 (Vet. App. Dec. 19, $0 (11-13-2013 - DC) |
Barbara Hager v. Arkansas Dept. of Health |
Barbara Hager was fired from the Arkansas Department of Health by her supervisor, Dr. Namvar Zohoori. Hager sued Dr. Zohoori and the Department for statutory and constitutional violations. The district court granted, in part, their motion to dismiss. They appeal. Having jurisdiction under 28 U.S.C. § 1291 over Dr. Zohoori’s appeal, this court reverses and remands. |
United States of America v. Eni Oyegoke-Eniola |
Defendant Eni Oyegoke-Eniola challenges his sentence following his guilty plea to charges of mail fraud, see 18 U.S.C. § 1341, and making a false statement on an immigration document, see id. § 1546. Defendant asserts four errors: (1) that the district court improperly imposed enhancements under the Sentencing Guidelines; (2) that Defendant’s statements made under an immunity agreement should $0 (11-14-2013 - KS) |
Tracy Jones v. Kim Jones |
Plaintiffs-Appellees Tracy Jones (“Tracy”), individually and as administrator of decedent Bryan Jones (“Jones”), and Kim Jones (“Kim”) (collectively, “plaintiffs”) brought suit against Defendants-Appellants Sandusky County, Sandusky County Sheriff Kyle Overmyer (“Overmyer”), and deputies Jose Calvillo (“Jose”) and Mario |
Lori Jo Vincent v. The Money Store |
This case requires us to determine if the consumer protections of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq., and the Truth in Lending Act (“TILA”), 15 U.S.C. § 1601 et seq., apply to a mortgage lender that has purchased mortgages initially payable to other lenders and, after the homeowners defaulted on their mortgages, hired a law firm to send allegedly d $0 (11-13-2013 - NY) |
Jose L. Hernandez v. Gary Ridley |
Jose Hernandez, Jr., and Salvador Hernandez were killed by a motorist while they were performing road construction in Oklahoma. Their representative sued their employer, Duit Construction Company, and the motorist and alleged a substantive due process claim against a host of Oklahoma Department of Transportation (ODOT) employees. All ODOT employees except the director and the resident engineer on $0 (11-13-2013 - OK) |
Harold F. "Butch" Vandre, Jr. v. Jason Kuznia |
[¶1] Harold F. “Butch” Vandre, Jr. was severely injured while working for McMurry Ready Mix on a road paving project in Sublette County. He and his wife (collectively “appellants”) filed suit against, inter alia, two co-employee supervisors claiming their willful and wanton misconduct was the cause of the resulting injuries. The district court granted summary judgment in favor of the co-e $0 (10-11-2013 - WY) |
Allen Trump v. State of Wyoming, ex rel. Wyoming Workers Safety and Compensation Division |
[¶1] The Wyoming Workers’ Safety and Compensation Division awarded benefits to Appellant, Allen Trump, after he experienced a workplace injury to his knees in 1993. In 2009, Mr. Trump sought payment for a left knee arthroscopy that he claimed was related to his workplace injury. The Division denied the claim. Mr. Trump requested a contested case hearing, and the hearing examiner upheld the Divi $0 (11-08-2013 - WY) |
Paul Hupp v. Freedom Communications, Inc. |
On March 22, 2012, plaintiff Paul Hupp filed a complaint against the Freedom Communications Inc., dba The Orange County Register (the Register), alleging that it breached its user agreement with Hupp by failing to remove comments made on their website concerning Hupp. |
Tramel R. Bracey v. City of Killeen, Texas; and Police Chief Dennis Baldwin |
This appeal presents two sets of issues regarding statutes that govern the employment relationship between Texas police officers and the municipalities they serve. First, we must address the scope of the subject-matter jurisdiction that the Legislature has conferred upon Texas courts to review the decisions of independent hearing examiners under the Civil Service Act.1 Second, assuming we determin $0 (11-06-2013 - TX) |
Heather Hall v. Rocky Mountain Emergency Physicians, LLC |
This appeal arises from a medical malpractice claim brought against a physician’s assistant, two supervising physicians, and Rocky Mountain Emergency Physicians, L.L.C. (collectively Rocky Mountain). Heather Hall presented at the emergency room complaining of headache, blurry vision, and sensitivity to light. Jeff Johnson, a physician’s assistant, examined Hall. As part of his examination, he $0 (09-06-2013 - ID) |
Brandon Blackmon v. Marla Sutton, et al. |
Weeks before eleven-year-old, 4’11,” 96-pound Brandon Blackmon arrived at the juvenile detention center in Sedgwick, Kansas, officials there made a new purchase: the Pro-Straint Restraining Chair, Violent Prisoner Chair Model RC-1200LX. The chair bore wrist, waist, chest, and ankle restraints all. In the months that followed, the staff made liberal use of their new acquisition on the center’ $0 (11-08-2013 - KS) |
George Cooper, Sr. v. James Sheehan |
Late in the evening of May 2, 2007, George Cooper, Sr., was alerted to the sound of unknown persons outside his mobile home in rural Leland, North Carolina. Lowered shotgun in hand, Cooper stepped out onto his back porch to investigate. Seconds later, he was struck by gunfire. The shots were fired by Brunswick County deputy sheriffs James Sheehan and Brian Carlisle (the “Officers”), who were i $0 (11-08-2013 - NC) |
Bobbi Klutschkowski v. Peacehealth |
Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery. |
Christian Serino v. Alec Hensley and City of Oakland City, Indiana |
In September 2008, Oakland City Chief of Police Alec Hensley arrested Christian Serino for trespass and resisting law enforcement. The charges were eventually dropped. In March 2012, Serino filed suit against Hensley and Oakland City in federal district court. He alleged that Hensley violated his constitutional rights and committed multiple state‐law torts. The district court dis2 |
Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry |
In nine issues, appellants Alief Independent School District (AISD), Dan Turner, and Henry Bonaparte challenge the judgment against them in favor of appellee Troy Perry on his whistleblower and First and Fourteenth Amendment claims. We affirm. |
Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard and Adam Olson |
While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff’s Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to $0 (11-04-2013 - IA) |
Christina C. v. County of Orange |
C.C. and his mother, Christina C. (mother), appeal from the trial court’s summary judgment in favor of the County of Orange, its Social Services Agency (SSA), and several of SSA’s social workers.1 Plaintiffs complain the trial court erred in concluding public employee immunity (Gov. Code, § 820.2) barred their claims arising from SSA’s decision to remove 10-year-old C.C. from mother’s car $0 (10-29-2013 - CA) |
Michael V. Pishko, Individually and in his official capacity, N.K. Anand, Individually and in his official capacity, and Texas A&M University v. Dr. Lale Yurttas |
Lale Yurttas originally sued the Texas A&M University System, Texas A&M University, and two of its employees, Michael V. Pishko and N.K. Anand, in their official and individual capacities. She asserted a discrimination claim under Texas Labor Code section 21.051 and a defamation claim. In her first amended petition, Yurttas omitted the Texas A&M University System as a defendant. Pishko v. Yurttas $0 (10-31-2013 - TX) |
Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee |
Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal. |
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