Immunity Law
 
Susan I. Moss v. Parr Waddoups Brown Gee & Loveless

¶1 The plaintiffs in this case brought suit against a law firm and its attorneys for their role in executing civil discovery orders. The orders authorized entry into plaintiffs’ home to seize electronic files from plaintiffs’ computer and other electronic devices. The plaintiffs raised several causes of action against the law firm and its attorneys, largely based on the theory that the execut

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Alberto Gutierrez v. Phillip Solano

On May 28, 2008, Alberto Gutierrez was arrested for allegedly threatening Mayela Gutierrez Gil, his wife. On June 2, 2008 she obtained a restraining order against Gutierrez. Phillip Solano, a Los Angeles County Sheriff’s Dept. detective, began investigating a violation of the restraining order, which allegedly occurred on June 13, 2008. On Sept 11, 2008, Solano and another detective took Gut

More...   $457500 (08-12-2012 - CA)

The Port of Houston Authority of Harris County, Texas v. Zachry Construction Corporation

Zachry Construction Corporation (Zachry) sued the Port of Houston Authority of Harris County, Texas (the Port) for breach of contract arising from the Bayport Terminal Complex Phase 1A Wharf and Dredging Contract. Following a three-month jury trial, the trial court entered a final judgment, awarding Zachry damages in the amount $19,992,697, plus pre- and post-judgment interest. The Port appeals th

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The City of Caldwell, Texas v. Paul Lilly

Appellant, the City of Caldwell (the “City”), complains about the trial court’s denial of its plea to the jurisdiction in favor of appellee, Paul Lilly. In two issues, the City contends that the trial court erred in denying the plea to the jurisdiction because Chapter 101 of the Texas Labor Code does not waive governmental immunity and does not apply to public employees, and because Lilly’

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Texas Park and Wildlife Department v. Fernando Flores

Appellee Fernando Flores brought suit against the Texas Parks and Wildlife Department ("TPWD") for retaliatory discharge, alleging that he was terminated for filing a workers' compensation claim. See Tex. Lab. Code Ann. §§ 451.001-.003 (West 2006). TPWD filed a plea to the jurisdiction, which the trial court denied. In this interlocutory appeal, TPWD argues that the trial court erred in denying

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Angelo Dahlia v. Omar Rodriguez

Four days after Angelo Dahlia, a detective in the City of Burbank Police Department, disclosed the alleged use of abusive interrogation tactics by his colleagues to the Los Angeles Sheriff’s Department, he was placed on administrative leave by Chief of Police Tim Stehr. That decision prompted Dahlia to file a 42 U.S.C. § 1983 suit against Stehr and lieutenants, sergeants, and a detective of the

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City of San Antonio v. Casey Industrial, Inc.

These are two consolidated accelerated appeals arising from orders in favor of Casey Industrial, Inc. (“Casey”). In the first order, the trial court granted Casey’s motion for summary judgment, holding that the parties’ contract was void. The trial court granted the parties permission to appeal pursuant to Texas Civil Practice and Remedies Code section 51.014(d). In the second order, the

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Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app

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Enrique Herrera Chavez v. Glock, Inc.

Los Angeles Police Officer Enrique Herrera Chavez was shot in the back with his service weapon, a Glock 21, by his three-year-old son, rendering him a paraplegic. Chavez and his wife, Leonora Aduna Chavez, sued the manufacturers and retailers of his gun and its holster for strict product liability and related torts, alleging the Glock 21 is defective because it has a light trigger pull without an

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Georgiacarry.org, Inc. v. The State of Georgia

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This

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Karen Harris v. Muscogee (Creek) Nation

Karen Harris sued the Muscogee (Creek) Nation on a premises liabiity theory. Plaintiff, a customer of River Spirit Casino, was injured in a slip and fall accident at the casino on May 10, 2009 breaking her wrist. She sued Hudson Insurance Company claiming to be a third party beneficiary of an insurance policy sold by Hudson to the Muscogee (Creek) Nation d/b/a River Spirit Casino.

The

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Teresa J. Barnard v. Oklahoma State University

Teresa J. Barnard sued Oklahoma State University on a Governmental Tort Claim auto negligence theory claiming that Oklahoma State University coach Eddie Eugene Sutton negligently caused a car wreck that injured her.

PETITION

COMES NOW TERESA J. BARNARD, (“Plaintiff’), by and through her attorneys of record, ROBERT P. POWELL of REX D. BROOKS & ASSOCIATES, and for her causes o

More...   $175000 (07-23-2012 - OK)

The Kansas City Southern Railway Company v. Ronald K. Oney

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appellee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict

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Texas Department of Aging and Disability Services a/k/a Brenham State School v. Mary Cannon

In this interlocutory appeal, appellants, Texas Department of Aging and Disability Services a/k/a Brenham State School (“the Department”) and Anthony V. Watson, Dwane B. Hubbard, and Aretha L. Turner (collectively “the employees”), appeal the following orders in the underlying suit filed by appellee, Mary Cannon, Individually and as Representative of the Estate of Patrick Tate Dyess: (1) a

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Kimberly Passananti v. Cook County

The Day Reporting Center of the Cook County Sheriff’s Department ran an intensive supervision program that provided services for non-violent pretrial defendants. Its program reduced overcrowding in the Cook County Jail and tried to integrate non-violent individuals into society through supervised employment, job training, and substance abuse treatment. Plaintiff Kimberly Passananti was the deput

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Texas Department of Transportation v. Larry Hathorn

The Texas Department of Transportation (TxDOT) brings this accelerated appeal from an order denying a motion for summary judgment in which TxDOT asserted its sovereign immunity from suit. Because we conclude that the premise-defect and special-defect liability theories alleged by Hathorn implicate discretionary decisions regarding highway design for which TxDOT retains sovereign immunity, we reve

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John A. Waltrip v. Osage Million Dollar Elm Casino and/or Osage Tribe

¶1 An employee of a tribal enterprise seeks to invoke the jurisdiction of the Oklahoma Workers' Compensation Court. This Court holds (1) the tribe enjoys sovereign immunity and is not therefore subject to the jurisdiction of the Oklahoma Workers' Compensation Court and (2) the workers' compensation insurer does not enjoy the tribe's immunity and is estopped to deny coverage under a policy for whi

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Jordan Katz v. Fidelity National Title Insurance Company

BOGGS, Circuit Judge. These consolidated cases are eight of at least forty-five lawsuits nationwide, alleging that title-insurance companies and rating bureaus violated state and federal antitrust laws by conspiring to charge inflated rates. See In re Title Ins. Real Estate Settlement Procedures Act & Antitrust Litig., 560 F. Supp. 2d 1374, 1376 (J.P.M.L. 2008) (denying consolidation of twenty-fiv

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Manuel Kevork Terenkian v. The Republic of Iraq

Pentonville Developers, Ltd., and Marblearch Trading, Ltd., two Cyprus oil brokerage companies, sued the Republic of Iraq for unilaterally terminating two contracts for the purchase and sale of Iraqi oil. The district court held it had subject matter jurisdiction to hear this action notwithstanding Iraq’s assertion of sovereign immunity under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C

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City of Boerne v. David Vaughan

The City of Boerne appeals the trial court’s order denying its plea to the jurisdiction and affording appellees, David Vaughan and Vaughan’s Hill Country Funeral Home, Inc. (collectively “Vaughan”), an opportunity to amend their pleadings. Because Vaughan’s pleadings affirmatively demonstrate that no cause of action exists for which the City’s immunity is waived, the trial court erred

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Estate of David E. Morgan, Jr. v. John Cook

Officer John Edwin Cook fatally shot David Eugene Morgan, Jr., after responding to a domestic disturbance at Morgan’s residence in Sedalia, Missouri. Morgan’s estate (the “Estate”) sued Cook pursuant to 42 U.S.C. § 1983, alleging Cook used excessive force in violation of Morgan’s Fourth Amendment rights. After the completion of discovery, the district court2 granted Cook’s motion for

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420 Caregivers, LLC v. City of Los Angeles

Appellant in this case is the City of Los Angeles (City). Respondents are various collectives and individual members of collectives (Collectives) currently engaged in the cultivation, distribution, or use of medical marijuana within City limits.1 In the court below, the Collectives filed various separate lawsuits seeking to enjoin enforcement of City Ordinance No. 181069 (Ordinance), passed by the

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Steven Richard Allgoewer v. City of Tracy

Plaintiff Steven Richard Allgoewer sued the City of Tracy and two of its police officers for (among other things) using excessive force in arresting him. Before Allgoewer finished putting on his evidence at trial, the trial court granted nonsuit on the ground that Allgoewer could not prevail without offering expert testimony on “what force a reasonable law enforcement officer would have used und

More...   $0 (07-05-2012 - CA)

City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The City of San Antonio appeals the trial court’s denial of its pleas to the jurisdiction in this lawsuit by the Rogers Ranch property owners and developers seeking a declaratory judgment recognizing the development project’s vested rights under Chapter 245 of the Texas Local Government Code. TEX. LOC. GOV’T CODE ANN. §§ 245.001-.007 (West 2005). The issues in this interlocutory appeal are

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Phillip E. Jaros v. Illinois Department of Corrections

Former inmate Phillip E. Jaros sued the Illinois Department of Corrections, its Director, and several employees claiming violations of the Rehabilitation Act, 29 U.S.C. §§ 794–94e, the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12111–213, and the Eighth Amendment. All of Jaros’s claims arise from his allegations that administrators at the Vandalia Correctional Center ignor

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