William D. Evans v. HCA Health Services of Oklahoma, Inc. d/b/a OU Medical Center, Rixie Mae Albrecht, M.D., Kristi Prejeant, M.D. and Meredith Workman, M.D. on medical negligence (medical malpractice) theories claiming:

1. On the June 9, 2008, Marilyn Fay Evans presented to OU Medical Center to undergo a colonoscopy and it was discovered she had a mass in her recto-sigmoid colon. She was

Defendant-Appellant Flasco Bryant appeals from the district court’s denial of qualified immunity on Plaintiff-Appellee Imogene Watson’s (“Ms. Watson”) Fourth Amendment claims brought under 42 U.S.C. § 1983.

We REVERSE and REMAND.

I. Facts and Procedural History

One evening Samantha Williams called the City of Leland, Mississippi, Police Department to report tha

Gerald J. Bayne v. The State of Oklahoma, ex rel. Oklahoma Department of Mental Health and Substance Abuse Services and Becky Coffey on a governmental tort claim theory under 51 O.S. 151, et seq. claiming:

1. Plaintiff is a resident of Enid, Garfield County, Oklahoma.

2. Upon information and belief, Defendant, Oklahoma Department of Mental Health and Substance Abuse Services (her

In this appeal, we consider the district court’s summary judgment holding that certain officers of the Baltimore County Police Department were entitled to qualified immunity.

The conduct at issue involved the officers’ entry into the residence of Ryan Meyers (Ryan) in responding to a report of domestic violence involving Ryan and members of his family. While attempting to arrest Ryan, o

Appellant, the City of Houston (“the City”), moved for en banc reconsideration of our August 30, 2012 opinion. We construe the motion as a motion for rehearing and grant the motion for rehearing.1 We withdraw the August 30, 2012 majority opinion, judgment, and concurring and dissenting opinion on rehearing, and we issue this opinion and judgment in their stead.

This is a case stemming f

Cindy Abbott and her adult son Travis Abbott (collectively, the Abbotts) brought this action under 42 U.S.C. § 1983 against Sangamon County, Sheriff Neil Williamson, and Deputy Troy Sweeney, each asserting Fourth Amendment claims of false arrest, false imprisonment, and excessive force. The district court granted summary judgment for Deputy Sweeney on all claims, and the County and Sheriff Willia

In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several

This defamation case concerns Mind, Body and Soul, a book written by Scott Weier. In the author’s words, the book is “based on my life.” It discusses Scott’s personal transformation, largely through his relationship with God, following his divorce “on bad terms” from his first wife. Scott’s ex-wife and her father concluded the book falsely accused them of lying, abuse, and suffering

In a matter involving employment discrimination and First Amendment retaliation claims, Plaintiff-Appellant Edwin Garcia appeals from a September 27, 2011 final judgment of the United States District Court for the District of Connecticut (Thompson, C.J.), granting summary judgment to the Defendants-Appellees. Garcia, a former sergeant with the City of Hartford Police Department (“Hartford PD”)

The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “City”), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRA”), N.M. STAT. ANN. § 28-1-1 et se

In this worker’s compensation immunity case, an employer appeals a $2.7 million jury verdict and final judgment in favor of an employee who suffered an amputation of a significant portion of his dominant hand while operating a piece of machinery. The accident occurred on August 23, 2005, and is controlled by section 440.11(1)(b)(2), Florida Statutes (2005).

List Industries, Inc., the empl

Appellant challenges the trial court’s summary judgment in his personal injury claim against his employer. The trial court concluded that the employer had worker’s compensation immunity based upon the facts of the case. The appellant contends that material issues of fact remained as to whether he met the exception for employer immunity set forth in section 440.11, Florida Statutes. We agree wi

Kay Y. Smyth, as personal representative of the Estate of Edward E. Smyth, Jr., appeals a summary final judgment in favor of Infrastructure Corporation of America (ICA) and the Florida Department of Transportation (DOT). This case involves a tragic automobile accident in which Mr. Smyth died. As explained below, his Estate maintains that the accident was caused by the negligence of the operator of

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba

Defendant Applied Signal Technology, Inc. (Employer) terminated its four-year employment of plaintiff John McGrory (Employee) in June 2009 after an outside investigator retained by Employer concluded that, while Employee had not discriminated against a lesbian subordinate on the basis of her sex or sexual orientation, in other ways Employee had violated Employer‟s policies on sexual harassment a

In this interlocutory appeal, the City complains that the trial court erred in denying the City‟s plea to the jurisdiction because appellees have not alleged an inverse condemnation claim for which governmental immunity has been waived and do not have standing to seek injunctive relief based on the City‟s construction of medians within a public roadway near appellees‟ businesses. Because app

This appeal stems from a police investigation of a 2007 hit-and-run that culminated in the arrests of father and son Robert and Mario Robinson and the seizure of Robert's car. After the resulting criminal charges against the Robinsons were dismissed, they filed state and federal claims against the City of Attleboro, Massachusetts and several Attleboro police officers. The district court granted s

¶1 William A. Doyle appeals the district court’s grant of summary judgment in favor of Lehi City, Daniel Harrison, Blythe Bray, and Amanda Len Mackintosh (collectively, Appellees). Doyle claims that the district court erred in striking portions of affidavits he submitted in opposition to Appellees’ motion for summary judgment, in concluding that Harrison and Bray were entitled to qualified im

¶1 This matter is before the court on interlocutory appeal from the district court’s grant of a rule 56(f) motion filed by members of the Cloud family and their companies (collectively, the Clouds) and the district court’s denial of a motion for summary judgment filed by Washington City and three of its employees (collectively, Washington City or the City). We reverse and remand.

BACKG

¶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

[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths’ private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve

Filed 1/15/13 (reposted same date to correct signature page; no change to opinion text) We address in this case the question of how much evidence a defendant must present to establish a right to summary judgment under a global release by the plaintiff of “all persons” exposed to liability for his personal injuries. Plaintiff contends that the trial court here erred by granting summary judgment

This appeal involves a dispute between a homeowners association and property owners who built a cabana and fireplace in their backyard without obtaining prior approval from the homeowners association. The homeowners association contends the applicable governing documents prohibited the cabana and fireplace. Thus, the homeowners association concludes it properly denied the owners‟ request for a v

In this dispute between next-door neighbors, plaintiffs prevailed in a prior action, establishing that their neighbor had unlawfully dumped contaminated debris on their property. Judgment was entered for plaintiffs. The judgment required the neighbor to remove the debris pursuant to a court-approved remediation plan. The funds for the remediation plan were placed in the trust account of the neighb

Plaintiffs and appellants Tom Jones Enterprises, Ltd., a United Kingdom Corporation, and Thomas Woodward, a professional known as Tom Jones,1 appeal from a judgment in favor of defendant and respondent County of Los Angeles (defendant), following the trial court‟s granting of defendant‟s demurrer to the first amended complaint (FAC) without leave to amend and dismissal of the action. Plaintiff