Immunity Law
 
City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

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Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar

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City of Houston v. Edmund L. Cogburn

The City of Houston appeals the trial court’s denial of its plea to the jurisdiction based on governmental immunity. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2012). We affirm.

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Background

Plaintiff Edmund Cogburn sued the City of Houston over injuries he sustained from tripping and falling against a city-owned parking meter. The following factual all

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Myles Hopkins v. W.A. Strickland

Myles Hopkins, a former police chief of Liverpool, Texas, sued Bill Strickland, the mayor of Liverpool, for slander and malicious prosecution. Strickland responded with a plea to the jurisdiction, maintaining that he was immune from suit against him individually under section 101.106(f) of the Texas Tort Claims Act, among other common law assertions of immunity. See TEX. CIV.

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PRAC.

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United States of America v. Charles Arthur Kinison, Jr.

Charles Kinison Jr. was indicted for receiving and possessing child pornography in violation of 18 U.S.C. § 2252(a)(2) and § 2252(a)(4)(B) after a search of his home turned up over 300 images and 40 videos of child
pornography. The district court granted Kinison’s motion to suppress this evidence on
the ground that the magistrate did not have a substantial basis for concluding that the

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United States of America v. Michael Ray Wood

Defendant Michael R. Woods (Woods) was convicted of
numerous charges arising from a tax fraud scheme operated
through his business of preparing income tax returns for private
individuals. In this appeal, Woods argues that his trial
was prejudiced by three errors, namely, that the district court
improperly restricted Woods’ constitutional right to testify in
his own defens

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Thomas Kurtz v. Don Clark

¶1 Thomas Kurtz, Derrick Shoemake, Steve Kile, Jess Goins and Jim Simmons (Plaintiffs) appeal an order of the district court granting summary judgment in favor of Defendants Don Clark and Bruce Bradley, an order awarding Clark and Bradley attorney fees, and denial of Plaintiffs' motion for new trial.

BACKGROUND

¶2 This case involves a shareholders derivative suit by shareholder

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Efficiency Technologies, Inc. v. Don Clark

Efficiency Technologies, Inc. sued Don Clark, Bruce Bradley, Karen Brignac and James on conversion theory,misappropriation of trade secrets theories, breach of fiduciary duty theories and interference with contracts and business relations.

1. Defendant, Don Clark, was one of the original founders of Efficiency Technologies, Inc.
(See Ex. A, Affidavit of Don Clark, para 1).

2

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Jean Marie Howell v. Christopher David Boyle

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,

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Charles Ray Mason v. Arthur J. Wood

Charles Ray Mason appeals orders granting a motion for partial summary judgment and a motion to dismiss filed by Cynthia Wood in her capacity as administrator of the Estate of Arthur J. Wood, and by Gary Hunter, Brenda Spitaleri, Patricia Strobl, and Marcial Foisie, Jr. The appellees are correctional officers and Mason is an inmate who claims the correctional officers committed various torts in th

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Amy Sipes v. Sunmount Corporation and the State of Texas

Amy Sipes and Tana Trevino appeal from the trial court’s grant of summary judgment on their claims against Sunmount Corporation and the Texas Department of Transportation (TxDOT). In two issues, Sipes and Trevino argue that neither the law of the case doctrine nor collateral estoppel bars their claims. In a cross-appeal, Sunmount and TxDOT argue that the trial court erred by not awarding them

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Barbara J. Booker v. City of Austin

After she was terminated midway through the probationary period that aspirants must successfully complete before they can become full-fledged City of Austin (City) firefighters, Barbara Jonell Booker sued the City under the Texas Commission on Human Rights Act (TCHRA), asserting theories of racial and gender discrimination and retaliation. The City moved for summary judgment, seeking dismissal of

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Eleanor Pulgenzi v. Pliva, Inc.

This case involves a state tort suit brought by Eleanor Fulgenzi against the generic-drug manufacturer PLIVA, Inc., for failure to adequately warn of the risks of developing tardive dyskinesia from extended treatment with metoclopramide. The question is whether the Food, Drug, and Cosmetic Act preempts such suits. In 2009, the Supreme Court held that with respect to branded drug manufacturers, sta

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State Farm Mutual Automobile Insurance Company and Sara Rich v. Oklahoma Board of Health

State Farm Mutual Automobile Insurance Company and Sara Rich sued Oklahoma Board of Health on an auto negligence governmental tort claim theory under 51 O.S. 151, et al. claiming:

Plaintiff State Farm Mutual Automobile Insurance Company is an insurance c)mpany registered with the State of Oklahoma and doing business in Oklahoma; this cause of action arose in Oklahoma Conntv, Oklahoma; th

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Sherry Carroll v. County of Monroe

Plaintiff-Appellant Sherry Carroll (“the plaintiff”) appeals from a March 9, 2012, decision and order of the United States District Court for the Western District of New York, which denied the plaintiff’s motion to set aside a jury verdict or, in the alternative, for a new trial. After a two-day trial, the jury found that the plaintiff failed to prove her claim—brought under 42 U.S.C. § 1

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Jay C. Adkins v. John A. Alberts

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to

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Texas Municipal Power Agency v. Kirk A. Johnston

Kirk A. Johnston sought temporary and permanent injunctive relief against the Texas Municipal Power Agency (“TMPA”) to prohibit TMPA from, among other things, entering onto his property to conduct surveys and inspections and attempting to condemn a portion of his property. TMPA filed a plea to the jurisdiction, and the trial court denied the plea. In two issues, TMPA contends that the trial co

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Ronald Curtis v. W. Anthony

Plaintiffs-Appellants, Ronald Curtis, Cedric Johnson, and Curvis Bickham (collectively, “Appellants”) appeal the district court’s grant of summary judgment on their claims under 42 U.S.C. § 1983 in favor of Defendants-Appellees: (i) W. Anthony, a sergeant in the Houston Police Department (“HPD”); (ii) R. Chappell, an officer in the HPD; (iii) C. W. Stivers, an officer in the HPD; (iv) t

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Marie Winfield v. Daniel Trottier

13 Daniel Trottier (“Trottier”), a Vermont State Police
14 officer, appeals from an order entered in the United States
15 District Court for the District of Vermont (Reiss, J.),
16 denying his motion for qualified immunity in a claim brought
17 by motorist Marie Winfield (“Winfield”) under 42 U.S.C. §
18 1983, alleging that Trottier violated her Fourth Amendment
19

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Zack D. Koch v. Department of Employment, Unemployment Insurance Commission

[¶1] The appellant, Zack D. Koch, was terminated from his employment with HIS-Garden Inn Laramie, Inc. (Hilton) on December 10, 2009. The appellant applied for and was initially granted unemployment benefits. Hilton appealed that determination and, after a telephonic hearing where testimony and evidence was received, a hearing examiner affirmed the initial decision and found that the appellant wa

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Donna Clyce v. Hunt County, Texas

Donna and Mark Clyce (the Clyces) sued Hunt County, Texas, the Hunt County Juvenile Board, and individual detention officers under 42 U.S.C. § 1983, alleging that the defendants violated their minor son C.C.’s constitutional right to medical care while he was detained at the Hunt County Juvenile Detention Center (the Detention Center). The district court granted summary judgment in favor of all

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After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York (“the County”) sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. (collectively “defendants”) to recover its expenditures in responding to, and cleaning up after, the accid

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North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re

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Daniel Bosh v. Cherokee County Building Authority

¶1 The United States District Court for the Eastern District of Oklahoma certified four questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§1601-1611, seeking clarification concerning the remedies available to a plaintiff who brings an excessive force lawsuit pursuant to the Okla. Const. art. 2, §30.4 We have reformulated the questions into

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Keith Redburn v. Charmelle Garrett

By two issues, appellant, Keith Redburn, appeals the trial court’s order (1) granting a plea to the jurisdiction filed by appellees, Charmelle Garrett, individually and as the City Manager of the City of Victoria, Texas (“the City”), Lynn Short, individually and as the Director of Public Works for the City, and the City, and (2) dismissing appellant’s claims against appellees with prejudic

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City of Harlingen, Texas v. Charles E. Lee

By five issues, appellant, the City of Harlingen, appeals from the denial of its plea to the jurisdiction in a suit brought by appellee, Charles Lee. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2011). We affirm in part and reverse in part.

I. BACKGROUND

Appellant is a home-rule municipality. See TEX. LOC. GOV’T CODE ANN. § 9.001 (West 2008). In his live petiti

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