Immunity Law
 
Eitan Sobel and Vered Sobel v. City of Rutland

¶ 1. BURGESS, J. Plaintiffs, Doctors Eitan and Vered Sobel, owners of a medical office building in Rutland, appeal the superior court’s grant of summary judgment for defendant, City of Rutland. Plaintiffs sued the City for damages, claiming the City Tax Assessor (the Assessor) was negligent in providing allegedly inaccurate property tax estimates on the proposed, but not yet built

More...   $0 (10-12-2012 - VT)

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

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City of Reio Grande City, Texas v. Remedios Herrera

Appellee Remedios Herrera filed suit against Noel Garcia d/b/a South Texas Memorials and appellant City of Rio Grande City, Texas (“the City”) for injuries he allegedly suffered during the removal of a monument. This is an interlocutory appeal from the trial court’s denial of a plea to the jurisdiction and motion for summary judgment filed by the City. On appeal, the City raises two issues,

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Texas Department of Transportation v. Richard Zapf

In this wrongful death case, we are asked to determine whether the plaintiffs1 met their burden to produce legally sufficient evidence to show that the Texas Department of Transportation possessed actual knowledge of tall grass growing in a highway median for purposes of a recovery against it under the Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. §§ 101.022(a), 101.025 (West 2011). Rais

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Doreatha Walker v. Hitchcock Independent School District

Walker was employed as the Director of Kids First Head Start for Hitchcock under a one-year probationary contract for the 2008-09 school year. As Director, it was her job to facilitate collegial relationships between staff and communication between the Superintendent, staff, parents, and the Head Start Policy Council.

1

In February 2009, Walker filed a complaint wi

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Michelle Martinez v. Maverick County

This appeal arises out of the events leading up to and following the arrest
of Plaintiff-Appellant Michelle Martinez subsequent to a traffic stop in Eagle
Pass, Texas. Martinez and her husband and son appeal the district court’s
dismissal of claims and grant of summary judgment for the defendants on her
42 U.S.C. § 1983 claims and state law claims. For substantially the same

More...   $0 (01-17-2013 - TX)

Daniel T. Miller v. Chad Wright

This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The

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Drendolyn Sims v. Mike Stanton

Drendolyn Sims suffered serious injuries as a result of officer Mike Stanton’s act of kicking down the front gate to her small, enclosed yard. Sims was standing directly behind the gate when it swung open, knocking her down and rendering her temporarily unconscious, or at least incoherent, causing a laceration on her forehead and an injury to her shoulder. Stanton unreasonably believed that his

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PG Publishing Company v. Carol Aichele

The instant case calls upon us to decide whether a state statute restricting access to a polling place infringes on the media‟s First Amendment right to gather news. Appellant PG Publishing Company (“Appellant” or “PG”) seeks review of the District Court‟s decision to dismiss its suit against election officials for the Commonwealth of Pennsylvania. Specifically, Appellant alleges viola

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Wendell H. Taylor v. Lubbock Regional MHMR

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa

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Grace Dammann v. Golden Gate Bridge

Plaintiffs Grace Dammann and Sabrina Schroeder-Dammann (collectively, Dammann), appeal from the trial court’s grant of summary judgment in favor of defendant Golden Gate Bridge, Highway and Transportation District (District). Dammann alleged in their suit that the District, as the owner of a public property on which a dangerous condition existed, was liable for personal injuries they incurred in

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Dwight R. v. Christy B.

Plaintiff Dwight R. appeals from an order granting defendant Christy B.‟s special motion to strike his third cause of action against Christy for conspiring with state actors to violate his and his two minor daughters‟ federal civil rights. (42 U.S.C. § 1983.)1 We affirm the order striking the section 1983 claims as a strategic lawsuit against public participation or “SLAPP.” (Code Civ. Pr

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Lisa Aber v. Michael Comstock

Plaintiff Lisa Aber sued her employer and two of its employees based on an alleged sexual assault by the employees. Defendant Michael Comstock, one of the employees, filed a cross-complaint against Aber, alleging claims for defamation and intentional infliction of emotional distress. Aber filed a special motion to strike the cross-complaint under the anti-SLAPP statute (Code Civ. Proc., § 425.16)

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B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and Youth

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Alyssa F. McAlister v. Ethan T. Strohmeyer

Alyssa McAlister appeals the denial, following a bench trial, of her request for a full order of protection against her child‟s father, Ethan Strohmeyer. McAlister argues that the undisputed evidence demonstrated that Strohmeyer pointed a gun at her and that such conduct constituted an attempt to place her in fear of physical harm under section 455.010. Consequently, McAlister argues, the trial

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Fresenius Medical Care Holdings, Inc. v. Elisabeth Tucker, M.D.

This case involves a constitutional challenge to Florida’s “Patient Self-Referral Act of 1992” (the “Florida Act”), FLA. STAT. § 456.053, which prohibits Florida physicians from referring their patients for services to business entities in which the referring physicians have a financial interest. Appellants Fresenius Medical Care Holdings, Inc., DVA Renal Healthcare, Inc., and Davita, I

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Richard Stengel v. Medtronic, Incorporated

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels’ complaint, contending that the Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”) preempted their state-law claims. The Stengels moved to amend their complaint t

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Michael Sweeney v. Friends of Hammonasset

The plaintiff, Michael Sweeney, appeals from the judgment of the trial court rendering summary judgment in favor of the defendants, the Friends of Hammonasset (Friends) and Deanna Becker. The plaintiff claims that the court concluded improperly that (1) the theory of liability set forth in his complaint sounded in premises liability, on which he could not prevail as a matter of law because the def

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Craig Urgin v. William Baker

In this consolidated appeal, the plaintiffs in the first action (SC 18643), Craig Ugrin and Samantha Ugrin, and the plaintiffs in the second action (SC 18644), William Baker and Lisa Baker, appeal from the judgment of the trial court in favor of the named defendant, the town of Cheshire (town).1 The plaintiffs filed virtually identical complaints against the town after a massive sinkhole developed

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Wendell H. Taylor v. Lubbock Regional MHMR

In this interlocutory appeal, appellant Wendell H. Taylor, appearing pro se, appeals two orders1 of the trial court granting the pleas to the jurisdiction of appellees Lubbock Regional MHMR, JI Specialty Services, Inc., Texas Council Risk Management Fund and Texas Department of Insurance-Workers’ Compensation Division and dismissing portions of Taylor’s suit.

Background

On Februa

More...   $0 (01-09-2013 - TX)

Randy Patrick Alman v. Kevin Reed

Plaintiffs-Appellants Randy Alman (“Alman”), Michael Barnes (“Barnes”), and the Triangle Foundation sued several Michigan law enforcement officials, the City of Westland, and Wayne County for their respective involvement in Alman’s arrest and the seizure of Barnes’s vehicle during an undercover operation. The district court granted the Defendants’ motion for summary judgment after fi

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Ricardo Diaz v. Michigan Department of Corrections

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state’s failure to comply with the family-care provision of the Family Medical Leave Act (“FMLA” or “the Act”). 538 U.S. 721, 725 (2003); see generally 29 U.S.C. § 2612(a)(1)(C). After the Supreme Court’s decision, this Circuit held that a pla

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Dionne A. McKinney v. John Whetsel

Dionne A. McKinney sued John Whetsel, individually and in his official capacity as Sheriff of Oklahoma County, State of Oklahoma and the Board of County Commissioners of the County of Oklahoma claiming that:

1. This court has jurisdiction over this action and venue is proper in Oklahoma County.

2. This action is an action for negligence and various tort claims which occurred at the

More...   $39000 (01-07-2013 - OK)

John Swartz v. Richad Insogna

2 An irate automobile passenger’s act of “giving the finger,” a
gesture of insult known for centuries,1 3 to a policeman has led to a
4 seizure of two persons ordered to return to an automobile, an arrest
5 for disorderly conduct, a civil rights suit, and now this appeal.
6 Plaintiffs-Appellants John Swartz (“John”) and his wife, Judy Mayton-
7 Swartz (“Judy”), ap

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Smriti Nalwa v. Cedar Fair, L.P.

Plaintiff, who fractured her wrist on a bumper car ride at an amusement park, sued the park owner for negligence in not configuring or operating the bumper car ride so as to prevent her injury. The superior court granted summary judgment for defendant on the basis of the primary assumption of risk doctrine, under which participants in and operators of certain activities have no duty of ordinary ca

More...   $0 (01-03-2013 - CA)

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