Immunity Law
 
Sheila Hensley v. Ronald Gassman d/b/a RepoRon

This case presents the classic scenario of a repo-man attempting to snatch a creditor’s collateral – here a vehicle – under cover of darkness in the middle of the night from a defaulting debtor. Although the repo-man, Ronald Gassman, attained his objective, things did not go quite as smoothly as he had hoped: the possessor of the vehicle verbally and physically opposed the repossession; Gass

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Judy Elwell v. State of Oklahoma ex rel Board of Regents of the University of Oklahoma

Does the Americans with Disabilities Act create two separate but overlapping causes of action for employment discrimination? Everyone agrees Title I of the ADA authorizes the disabled to bring employment discrimination claims: it discusses the issue at length and in detail. But can a party bring an employment discrimination claim under Title II as well? Even though Title II never mentions employme

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Risa A. Ross v. Robert Lichtenfeld

This appeal requires us to determine whether plaintiff18
appellee Risa A. Ross (“Ross”) was speaking pursuant to her
19 official duties as a payroll clerk typist for the Katonah-
20 Lewisboro Union Free School District (“the District”) when she
21 reported financial malfeasance to defendant-appellant Robert
22 Lichtenfeld (“Lichtenfeld”), the District’s Superinten

More...   $0 (09-11-2012 - NY)

Regina Ann McCormick v. Miami University

Regina McCormick was pursuing a graduate degree in psychology at Miami University in Ohio when she was diagnosed with several illnesses that slowed her progress in her graduate studies. After the faculty voted against promoting McCormick to doctoral status, she filed suit against the university and its officials, alleging discrimination on the basis of race and disability in violation of state and

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Eric Mueller v. April K. Auker

Because the district court and the parties to this protracted lawsuit—as well as the judges of this panel hearing the issues for the second time—are well aware of its history, the trial record, and the proceedings in district court, we refer to them only as necessary to explain our decision. We have previously published an opinion on a related issue in Mueller v. Auker, 576 F.3d 979 (9th Cir.

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Denise Schmidt v. Contra Costa County

Plaintiff Denise Schmidt alleges that she broke an unwritten rule and suffered the consequences when she challenged a sitting superior court judge for his seat in a local election while she was serving as a temporary superior court commissioner.

Schmidt lost her March 2004 election bid against an incumbent judge of the Superior Court of California, County of Contra Costa (“Superior Court

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Iotam LLC v. Davco Management Compary, LC

¶1 Davco Management Company, LC (Davco) appeals several of the trial court’s rulings in favor of Iota, LLC and California Benefit, Inc. (collectively, Plaintiffs). We affirm in part, and reverse and remand in part.

BACKGROUND

¶2 In 2005, Davco, through its member and manager, David Fisher, entered into a real estate purchase contract (REPC) with Iota for the purchase of Casa Sono

More...   $0 (08-02-2012 - UT)

Randal Roy Mallory v. Brigham Young University

¶1 Randal Roy Mallory appeals from the trial court’s order dismissing his First Amended Complaint (the Complaint) for lack of subject matter jurisdiction due to Mallory’s failure to file a notice of claim under the Governmental Immunity Act of Utah (the GIAU).

BACKGROUND3

¶2 On April 12, 2008, after a football game, Mallory was waiting on his motorcycle to enter a public street

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George S. Cohlmia, Jr., M.D. v. St. John Medical Center

Dr. George Cohlmia, a cardiovascular and thoracic surgeon in the Tulsa, Oklahoma area, sued St. John Medical Center (SJMC) alleging a number of federal and state antitrust and business tort claims.1 His claims followed SJMC’s suspension of his medical privileges after a pair of surgeries, one resulting in death and another in permanent disfigurement. In response, SJMC asserted an affirmative def

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Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal ar

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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 dismissal of his First Amendment facial challenge to t

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Woody K. Lesikar v. Carolyn Ann Lesiker Moon

In this appeal, we consider challenges to the trial court’s award of attorney’s fees on remand in a dispute between siblings related to a family trust and their deceased father’s estate. We affirm the trial court’s judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special Trust, filed suit

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Kay Davidson v. McLennan County Appraisal District

Kay Davidson, Richard Martin, and Michael Jones (the Retirees) had retired from employment with the McLennan County Appraisal District (MCAD). Since their retirement, MCAD had allowed them to participate in health insurance coverage through MCAD by timely paying their own premiums. They found out in 2010 that they would no longer be allowed to participate in MCAD’s health insurance program.
<

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Michael Lacey v. Joseph M. Arpaio

This § 1983 case concerns allegations of unlawful conduct by officials in the Maricopa County Sheriff’s Office (“MCSO”) and the Maricopa County Attorney’s Office (“MCAO”), conduct which culminated in the late-night arrests of Michael Lacey and Jim Larkin, owners of the Phoenix New Times, LLC. Lacey, Larkin, and the New Times (collectively, “Lacey”) sued Sheriff Joseph Arpaio, head

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Coleman v. Portage County Engineer

{¶ 1} In this appeal, we address whether “upgrading” a storm-sewer system is a governmental or proprietary function of a political subdivision within the meaning of R.C. 2744.01 and whether failure to “upgrade” subjects that political subdivision to liability under R.C. 2744.02(B)(2). For the reasons that follow, we hold that because upgrading involves construction and design, such upgrad

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Sheila McCullum v. Kenneth Tepe

Timothy Hughes died after hanging himself from his bed in the Butler County Prison. Hughes showed no outward signs that he was suicidal, but he did have a history of depression and asked to see Dr. Kenneth Tepe, the prison psychiatrist, about anti-depression medication. Hughes and Dr. Tepe never met.

Hughes’s mother filed this § 1983 suit, alleging that Tepe was deliberately indifferent

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LeFiell Manufacturing Co. v. O'Neil Watrous

Where an employee is injured in the course and scope of his or her employment, workers‟ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Lab. Code, §§ 3600, subd. (a), 3602.)1 The “exclusivity rule” is based upon a presumed compensation bargain: “[T]he employer assumes liability for industrial personal injury or death without

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City of Haltom City v. Brian Aurell

In this interlocutory appeal,[1] appellant City of Haltom City (the City) appeals the trial court’s order denying its motion for summary judgment concerning the claims brought by appellees, whom we have listed above. In five issues, the City argues that the trial court does not have jurisdiction over appellees’ claims because the City’s immunity has not been waived. We reverse the trial c

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Patti Whitmire v. Houston Community College

Plaintiffs-appellants Patti Whitmire Carlton and Pamela Reed are both former employees of defendant-appellee Houston Community College (HCC). Their claims here arise primarily from their complaints about alleged sexual harassment by HCC’s Interim Chancellor, Norm Nielsen, and subsequent retaliation by HCC after they reported that harassment. The trial court granted summary judgment in HCC’s fa

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Carol Hutson v. Jude Walker

Carol (Lynn) and Jason Hutson brought this action against Jude Walker, Julie Baumgardner, and Sallie West, social service employees in Jackson County, Missouri, alleging they violated 42 U.S.C. § 1983 and state law by recommending that custody of their son A.H. be granted to his grandparents, Carolyn and Patrick Cattin. According to the Hutsons this recommendation resulted in the untimely death o

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Ronald Loesel v. City of Frankenmuth

This appeal concerns the legality of actions taken by the City of Frankenmuth (the City) to keep a Wal-Mart supercenter from being built on land owned by the Loesel family in Frankenmuth Township (the Township). As the result of a post purchase-agreement ordinance that restricted the size No. 10-2354 Loesel, et al. v. City of Frankenmuth Page 2 of any new buildings on the property to 65,000 square

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Delcom Group, Inc. v. Dallas Independent School District

Delcom Group, LP appeals the trial court's orders granting the plea to the jurisdiction filed by Dallas Independent School District and denying Delcom's application for a temporary injunction to enjoin DISD and R.L.S. Interests, Inc. d/b/a Prime Systems, Inc. from disclosing and using Delcom's trade secrets. In three issues, Delcom contends DISD waived immunity by entering into a contract for digi

More...   $0 (08-19-2012 - TX)

Todd C. Brennan v. City of Willow Park Texas

On June 21, 2012, this court issued an opinion reversing the trial court’s judgment and remanding Appellants’ claims for declaratory judgment, for injunctive relief, and for a writ of mandamus asserted against all Appellees, to the trial court for further proceedings. Appellee City of Aledo filed a motion for rehearing and motion for en banc reconsideration. After due consideration, we deny

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The City of Houston v. Brett Hatton

This lawsuit against the City arises out of a car accident involving a police patrol car that was en route in response to an officer’s call for assistance. Hatton sued under the Texas Tort Claims Act, claiming that the Act’s waiver of immunity applied and that the City was liable for damages. See TEX. CIV. PRAC. & REM. CODE ANN. § 101.055(1) (West 2011). The City filed a plea to the jurisdict

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Iota, LLC v. Davco Management Company, L.C.

¶1 Davco Management Company, LC (Davco) appeals several of the trial court’s rulings in favor of Iota, LLC and California Benefit, Inc. (collectively, Plaintiffs). We affirm in part, and reverse and remand in part.

BACKGROUND

¶2 In 2005, Davco, through its member and manager, David Fisher, entered into a real estate purchase contract (REPC) with Iota for the purchase of Casa Sono

More...   $0 (08-13-2012 - UT)

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