Immunity Law
 
Charlotte Hearn v. Kathryn Snapka

Appellant, Charlotte Hearn, challenges the trial court’s entry of a final summary
judgment on her legal malpractice claims against appellee, Kathryn Snapka. In two
issues, appellant argues that the trial court: (1) abused its discretion in striking her
summary judgment evidence; and (2) erred in granting appellee’s motion for summary
judgment. We affirm.

I. BACKGROUND<

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Rosaena Resendez v. Texas Commission on Environmental Quality

Appellant Rosaena Resendez appeals from the trial court's order dismissing her suit against her former employer, the Texas Commission on Environmental Quality (the "Commission"), for damages under the Texas Whistleblower Act. See Tex. Gov't. Code Ann. §§ 554.001-.009 (West 2012). The Commission filed a plea to the jurisdiction, arguing that sovereign immunity had not been waived because Resende

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The University of Texas System v. Gloria G. Ochoa

Gloria Ochoa was injured while working for her employer the University of Texas System (the "University"). After sustaining the injury, Ochoa sought disability benefits and initiated an administrative review of her claim. At the conclusion of the administrative proceeding, the hearing officer concluded that Ochoa was disabled, and the University sought judicial review of the administrative determ

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Melissa R. Schwartz v. Margaret Booker

This is an interlocutory appeal from the denial of a motion to dismiss asserting qualified immunity. At issue is the scope of the special relationship doctrine and whether it would apply to the facts alleged to expose two human services employees to potential individual liability for the death of a seven-year-old child in foster care.1

After their son, Chandler Grafner, died while in the fo

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The Estate of B.I.C. v. Linda Gillen

This case stems from the death of a minor child, 23-month-old Brooklyn Coons (“BIC”), on January 20, 2008, at the hands of her father’s girlfriend. Plaintiffs-Appellants, Larry and Mary Crosetto and the Estate of BIC, filed an action alleging that a social worker, Defendant-Appellee, Linda Gillen, created the danger that resulted in the death of their granddaughter and denied them their righ

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Theodore J. Brickner, Jr. M.D. v. David S. Gooden

¶1 Respondents, in three separate actions, sought to recover damages against the petitioner for personal injuries resulting from an airplane crash near Mexico City, Republic of Mexico. Respondents alleged they were passengers in the airplane which was owned, operated, under the exclusive control of, and being flown by petitioner, and that the crash followed from the negligence of the petitioner i

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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

More...   $0 (12-12-2012 - CA)

Monica Kuria v. BMLRW, LLLP

In this appeal of a final summary judgment order, appellant (Personal Representative of the Estate of Freddie Smith, III) challenges the trial court’s finding that section 768.075(4), Florida Statute (2007), shields property owners from liability in a negligence action for injury to a person who is committing a felony on the property without requiring any “causal nexus” between the felony an

More...   $0 (12-09-2012 - FL)

Andreas Keck v. Ashleigh K. Eminisor

In this case, we consider whether an employee who claims the benefit of sovereign immunity pursuant to section 768.28(9)(a), Florida Statutes (2005), which entitles that employee not to be held “personally liable in tort or named as a party defendant” for acts within the scope of her or his employment, may obtain interlocutory review of an adverse trial court ruling where the question turns on

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City of Houston v. James & Elizabeth Carlson

Appellant City of Houston appeals from the district court‟s denial of the City‟s motion for judgment and the entry of judgment reversing the City‟s order requiring appellees to vacate their property. In three issues, the City argues the district court erred in reversing the City‟s order to vacate and entering final judgment in favor of appellees because (1) the district court did not have

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Henry Ruppel v. CBS Corporation

Henry Ruppel filed suit against CBS in Illinois alleging CBS’s predecessor-in-interest, Westinghouse Corporation, caused the mesothelioma from which he currently suffers. Westinghouse had included asbestos in the turbines it supplied to the United States Navy, and Ruppel was allegedly exposed to it during his Naval service and later when he worked on an aircraft carrier as a civilian. CBS remove

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Robert Dale Andrews v. Hickman County, Tennessee

Defendants Kelly Davis, Cynthia Primm, Monica Wright, and Paul Wade appeal the district court’s decision denying in part their motions for summary judgment. The district court found that the defendants were not entitled to qualified immunity from plaintiffs Dale and Patricia Andrews’ Fourth Amendment claim. For the following reasons, we AFFIRM the district court’s decision regarding defendan

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Cornelius C. Sullivan, Jr., D.D.S. v. Peter T. Triolo, Jr., D.D.S.

Dr. Cornelius C. Sullivan Jr. appeals the trial court’s rendition of a take-nothing judgment on his defamation claims against Dr. Peter T. Triolo Jr. Sullivan sued Triolo over two allegedly defamatory letters. Triolo moved for summary judgment on various defensive theories, which the trial court granted. On appeal, Sullivan contends that the trial court erred by denying him the opportunity to de

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Cheryl James v. The City of Wilkes-Barre

This appeal requires us to decide whether the District Court erred when it denied a police officer‘s motion to dismiss a civil rights action.

I

On the evening of September 28, 2009, fifteen-year-old Nicole James sent a text message to a friend stating that she planned to commit suicide by ingesting ibuprofen pills. The friend called 911 and soon thereafter Officer Michael Marsh

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Shawn Ackerson v. City of White Plains

35 Plaintiff-Appellant Shawn Ackerson appeals from a
36 September 27, 2011 judgment of the United States District
37 Court for the Southern District of New York (Duffy, J.),
38 granting Appellees' motion for summary judgment and
39 dismissing the case in its entirety. The panel has reviewed
3
1 the briefs and the record in this appeal and agrees
2 unanimously that oral

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Charles B. Buchheit v. Carol G. Green

Charles Buchheit, proceeding pro se, appeals from the district court’s sua sponte dismissal of his complaint against defendant state officials pursuant to 28 U.S.C. § 1915(e)(2)(B). Buchheit v. Green, No. 12-4038-CM-KGS, 2012 WL 1673917 (D. Kan. May 14, 2012). Carol Green, the defendant clerk of the Kansas state appellate courts, cross-appeals the district court’s denial of her motion to revi

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Steven Lefemine dba Columbia Christians for Life v. Dan Wideman

suitalleging unconstitutional conduct by government officials. The United States Court of Appeals for the Fourth Circuitheld that a plaintiff who secured a permanent injunction but no monetary damages was not a “prevailing party” under 42 U. S. C. §1988, and so could not receive fees.That was error. Because the injunction ordered the defendant officials to change their behavior in a way that

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Tony Lynn Hailey v. Richard Glaser

Tony Lynn Hailey, proceeding pro se, appeals the dismissal of his lawsuit against the Honorable Lauren J. Blake, presiding judge of the 336th Judicial District Court of Texas; Richard Glaser, the Fannin County District Attorney; and Nancy Young, the current Fannin County District Clerk.1 Hailey filed suit seeking declaratory and injunctive relief for violations of the “Due Course of Law” Claus

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Timothy Barkovic v. Terrance Hogan

In this assault case involving a police officer who allegedly injured a lawyer, the main question is whether the dispute should go to the jury on the question of whether the police officer was acting under color of law for purposes of 42 U.S.C. § 1983. Timothy Barkovic, a criminal defense lawyer, and Terrance Hogan, a police officer, had an argument that escalated into a physical altercation in a

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Suetta Smtih v. County of Lenawee

Plaintiff Suetta Smith filed suit on behalf of her deceased daughter Brenda Smith, who died while incarcerated in the Lenawee County, Michigan jail.

Smith was taken into custody for a parole violation on Friday, April 27, 2007. The following Monday morning she died of a seizure brought on by delirium tremens. The two-count amended complaint alleges deliberate indifference to her serious m

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Douglas O. Nystedt, Jr. v. Eugene A. Nigro

This case requires us to explore the parameters of the doctrine of quasi-judicial immunity. The underlying litigation is a will contest turned conspiracy case. The plaintiff prevailed in probate court, but only after two and a half years of pretrial discovery and legal wrangling. All the while, the estate's assets waned and the legal fees waxed.

In the end, the plaintiff, althou

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The University of Texas, M.D. Anderson Cancer Center v. Maria Valdizan-Garcia

This is an interlocutory appeal from the trial court’s denial of a motion to dismiss filed by appellant The University of Texas M.D. Anderson Cancer Center. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon 2008). We vacate the trial court’s order denying M.D. Anderson’s plea to the jurisdiction and dismiss the case.

BACKGROUND

Appellee Maria Valdizan-Garcia went to medi

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Alvin Valenzuela v. Steve Silversmith

Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded t

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Ann Elwell v. Bob Byers

This case grows out of an avoidable tragedy. Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life.

But approximately one month after a complaint of emotional abuse of another child in the Elwells’ care—which all parties agree did not raise concerns for T.S.’s safety or welfare and was subsequently deemed unsubstantia

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Twenty-Nine Palms Enterprises Corporation v. Paul Bardos

Plaintiff and respondent Twenty-Nine Palms Enterprises Corporation (Palms), a tribal corporation, sued defendant and appellant Cadmus Construction Co. (Cadmus), a sole proprietorship wholly owned and operated by Paul Bardos (Bardos) (1) to recover money paid to Cadmus, because it alleged Cadmus was an unlicensed contractor (Bus. & Prof. Code, § 7031),1 and (2) for unfair competition, in that Cadm

More...   $0 (11-09-2012 - CA)

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