Immunity Law
 
D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r

More...   $0 (05-15-2013 - IA)

Billy Joe Wenzel v. State of Oklahoma, ex rel. Oklahoma Department of Public Safety

1. The Plaintiff, Mr. Wenzel, is a resident of Rogers County, State of Oklahoma.

2. The Plaintiff is the owner of a 2004 Bentley Pontoon boat (the “Boat”).

3. The Plaintiff has resided in the State of Oklahoma and in Tulsa County for more than
30 days and 6o days respectively next preceding the filing of this Petition.

4. The Defendant is subject to the jurisdict

More...   $1 (05-10-2013 - OK)

Thomas Lee Goldstein v. City of Long Beach

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles.

We thus reverse the district court’s grant of the motion for judgment on the pleading

More...   $0 (05-13-2013 - CA)

Elijah W. v. The Superior Court of Los Angeles County

A lawyer is obligated to preserve the confidentiality of client information. (Bus. & Prof. Code, § 6068, subd. (e)(1); Rules Prof. Conduct, rule 3-100(A); see Evid. Code, §§ 954, 955.) As a narrow exception to this duty, a lawyer may, but is not required to, reveal confidential information relating to the representation of a client to the extent the lawyer reasonable believes the disclosure is

More...   $0 (05-09-2013 - CA)

Benito Acosta v. City of Costa Mesa

Costa Mesa Municipal Code § 2-61 makes it a misdemeanor for members of the public who speak at City Council meetings to engage in “disorderly, insolent, or disruptive behavior.” Benito Acosta (“Acosta”) was removed from the Costa Mesa City Council meeting for an alleged violation of the ordinance. Acosta appeals the district court’s

ACOSTA V. 4 CITY OF COSTA MESA

dismissal

More...   $0 (05-03-2013 - CA)

James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

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and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w

More...   $0 (05-02-2013 - TX)

Joseph and Jamie Schwartzott v. Maravilla Owners Association, Inc. and Hudak & Dawson Construction Co., Inc

In these consolidated appeals, we consider whether the trial court erred in sustaining two defendants’ pleas to the jurisdiction in a suit brought by two former owners of a condominium unit against the condominium owners’ association, a contractor hired by the association, and the property manager of the condominiums. We affirm the trial court’s dismissal as to one claim, reverse the trial c

More...   $0 (05-02-2013 - TX)

Clark Construction of Texas, Ltd. v. Karen Patricia Bendy

Karen Patricia Bendy sued Clark Construction of Texas, Ltd. and Clark Construction of Texas, Inc. (“Clark Construction”) for negligence, premises liability, and premises defect arising out of injuries she allegedly sustained during a motor vehicle collision that occurred on a highway being repaved by Clark Construction. Peggy Rader and Delus Kuhnert, who were passengers in Bendy’s vehicle at

More...   $0 (04-25-2013 - TX)

Michael Wilson, Sr. v. Lawrence Montano

Appellants seek reversal of the district court’s order denying their motion to dismiss claims asserted against them by Michael Wilson, Sr. under 42 U.S.C. § 1983. Wilson alleges he was unlawfully detained and deprived of his constitutional right to a prompt probable cause determination. Appellants claim they are entitled to qualified immunity. The district court concluded Wilson’s complaint a

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State of Florida v. Fidel Egido

The State appeals an order dismissing this criminal prosecution against Fidel Egido. We affirm the order on appeal without discussion of the substantive issues raised by the State. We address only the order that should be entered in this context because confusion over the order substantially delayed this appeal.

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Mr. Egido was charged with battery on a law enforcement officer fo

More...   $0 (04-26-2013 - FL)

Mahmoud M. Hegab v. Letitia A. Long, Directory of Geopatial-Intelligence Agency

When Mahmoud Hegab, an employee of the National Geospatial-Intelligence Agency ("NGA") with a top secret security clearance, informed the agency of his marriage to Bushra Nusairat, the NGA conducted a reinvestigation into his security clearance. Based on new information, the NGA revoked Hegab’s security clearance.

Hegab commenced this action under the Administrative Procedure Act against

More...   $0 (04-25-2013 - VA)

United States of America v. Steven Warshak

Berkeley Premium Nutraceuticals, Inc., was an incredibly profitable company that served as the distributor of Enzyte, an herbal supplement purported to enhance male sexual performance. In this appeal, defendants Steven Warshak (“Warshak”), Harriet Warshak (“Harriet”), and TCI Media, Inc. (“TCI”), challenge their convictions stemming from a massive scheme to defraud Berkeley’s custome

More...   $0 (06-12-2010 - OH)

Joyce Haliford v. Edmond Public Schools

1. That the Plaintiff is a resident of Oklahoma County, State of Oklahoma.

2. That the Defendant is an incorporated school district located within Oklahoma County, State of Oklahoma.

3. That on or about July 22, 2011 Defendant was placed on notice of the tort claim of the Plaintiff. That ninety (90) days expired after notice to the Defendant without the Defendant accepting liability,

More...   $0 (04-18-2013 - OK)

Gaston Cornu-Labat v. Hospital District No. 2 of Grant County

While employed as a physician at Quincy Valley Medical Center (QVMC), Gaston Cornu-Labat was the subject of several complaints that raised doubts as to his competency to practice medicine. QVMC conducted two investigations that ended after the charges against Dr. Cornu-Labat were not substantiated. Nevertheless, QVMC requested that Dr. Comu-Labat be psychologically evaluated and ended the doctor's

More...   $0 (04-11-2013 - WA)

Donita Odutayo d/b/a Samaritan Park & Rider, LLC v. City of Houston

Appellant, Bonita Odutayo, doing business as Samaritan Park & Ride, L.L.C. (“Samaritan”), challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in her suit against the

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City for declaratory relief, injunctive relief, and violations of the Equal Protection Clause1 and the Due Process Clause2 of the Texas Cons

More...   $0 (04-18-2013 - TX)

Tarla Makaeff v. Trump University, LLC

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme

More...   $0 (04-18-2013 - CA)

United States of America v. Cameron Douglas

This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart

More...   $0 (04-15-2013 - NY)

United States of America v. Cameron Douglas

This case requires us to decide whether a significantly above-guidelines sentence
may be imposed in view of earlier sentencing leniency that turns out, after the fact, to
have been unjustified. We conclude that above-guidelines sentences must be justified by
reference to specific reasons that place the case outside the run of ordinary cases, and that
the further the sentence depart

More...   $0 (04-15-2013 - NY)

Danielle Helms v. Max H. Rudicel, M.D.

Danielle Helms filed a lawsuit in Delaware Circuit Court (hereinafter “trial court”) against Dr. Max Rudicel, the Open Door Health Clinic (“the Clinic”), Cardinal Health Systems d/b/a Ball Memorial Hospital (“BMH”), Nurse Practitioner Anna Steinbarger, and Emergency Physicians of Delaware County for malpractice related to treatment she received during her pregnancy. The Defendants file

More...   $0 (04-09-2013 - IN)

State Farm Fire & Casualty Company v. Joesph Martin Radcliff

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s

More...   $14500000 (04-13-2013 - IN)

David R. Mertz v. City of Greenwood, Indiana

David R. Mertz appeals the trial court’s order denying his petition to reverse the disciplinary action taken against him by the Greenwood Police Merit Commission (“the Commission”) following an evidentiary hearing. Mertz presents a single issue for review, namely, whether the Commission was authorized to hear the particular disciplinary matter against Mertz and impose discipline against him.

More...   $0 (04-12-2013 - IN)

United States of America v. Mark Stephen Palmquist

Mark Palmquist is a Marine Corps veteran who worked as a civilian employee with the U.S. Department of Veterans Affairs from 2004 to 2010. He was convicted of fraud in connection with his own receipt of veterans benefits.

Adverting to Garrity v. New Jersey, 385 U.S. 493 (1967), Palmquist challenges his conviction on grounds that statements he made during an interview with a Veterans Admini

More...   $0 (04-12-2013 - ME)

Dustin Myers v. Murry Bowman

This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the d

More...   $0 (04-10-2013 - GA)

Tanya A. Martin v. City of Broadview Heights

This excessive force case against officers of the Broadview Heights Police Department (BHPD) and the City of Broadview Heights arises from the fatal arrest of William Parker Martin, an unarmed and mentally unstable 19-year-old. Martin’s estate sued several BHPD officials asserting that the use of excessive force during the arrest violated Martin’s rights under the Constitution and Ohio law. Th

More...   $0 (04-09-2013 - OH)

Maj I. Hagman v. Meher Mount Corporation

In this boundary dispute, one neighbor seeks to quiet title by adverse possession to an adjoining piece of his neighbor's land that he inadvertently fenced in and later improved. The unusual twist is that the neighboring land on which the adverse possession took place belongs to a nonprofit religious organization. We hold that a nonprofit religious organization's status as a "public benefit corpor

More...   $0 (04-03-2013 - CA)

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