On July 6, 1986, Karen and Dyke Rhodes were found murdered in their home in Paris, Illinois. They had been stabbed numerous times and their home had been set afire. From the ashes of these gruesome murders rises another, deeply disturbing, allegation: that police and a prosecutor conspired to frame two innocent men of these crimes, and over the course of the next two decades, state officials conti

Plaintiff-Appellant Buxton Craig Heyerman was imprisoned for more than seventeen years as a pretrial detainee after a state appellate court reversed his criminal conviction and remanded the matter to the trial court. He filed a civil rights action pursuant to 42 U.S.C. § 1983 against Defendants-Appellees, alleging that this lengthy detention violated his Sixth Amendment speedy-trial rights. Defen

Following his vindication after his wrongful conviction and incarceration for the 1995 murder of Jessica Payne, Chaunte Ott brought a civil rights action against the City of Milwaukee and several police officers. That case is still pending. This appeal was filed when Ott served subpoenas on two non-party state agencies, the Wisconsin Crime Laboratory and the Wisconsin Department of Corrections. Ra

Defendant City of Sterling Heights (the city) appeals as of right an order denying its motion for summary disposition in this tort liability action concerning an injury sustained by plaintiff and allegedly caused by defects in a city sidewalk. The city, relying on governmental immunity principles, maintained that the alleged defects pertained to a highway curb, not a sidewalk, thereby falling with

In this consolidated appeal, plaintiffs Patricia Spencer and Larry Gettel appeal as of right, and plaintiff Kristie Reh appeals by leave granted a September 27, 2010 order granting defendant Donald Proux’s1 motion for summary disposition pursuant to MCR 2.116(C)(7) (governmental immunity), MCR 2.116(C)(8) (failure to state a claim), and MCR 2.116(C)(10) (no genuine issue of material fact). We af

Plaintiffs-Appellants John Turner, Pamela Campbell, Rita Corns, and Attorney-Appellant Wolodymyr Iwan Cybriwsky, were denied their requests for attorney’s fee awards under the Equal Access to Justice Act (“EAJA”), 42 U.S.C. § 2412 et seq. On appeal, we have consolidated these cases for review. We REVERSE the judgments of the district courts and REMAND for further proceedings consistent with

John P. King died while incarcerated at the infirmary in the jail operated by La Crosse County, Wisconsin. King’s widow, Lisa King, brought an action under 42 U.S.C. § 1983 against five defendants: Officer William Olson, Officer Jennifer Koby-Gobel, Nurse Sue Kramer, Nurse Karen Mondry-Anderson, and La Crosse County. For the reasons discussed below, we affirm in part and reverse in part the dis

In this interlocutory appeal,[1] appellant,the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction on the tortclaims made against it by appellees, Blanca Vallejo and Anjel Flores (collectively, “Vallejo”).In its sole issue, the City contends that the trial court erred in denying its plea to the jurisdiction in which the City asserted that

This is an appeal from a take-nothing summary judgment rendered in favor of appellees. The issues on appeal center on a subcontractor’s right to rely on the workers’ compensation exclusive remedy bar contained in Texas Labor Code section 408.001 as made applicable to subcontractors by Labor Code section 406.123 when the subcontractor and its employees are sued by an employee of the premises ow

In most employment discrimination cases that arise in the private sector, the defendants are the employers themselves, most often corporations or other business organizations. In this case of alleged race discrimination and retaliation, however, the employer has gone through bankruptcy and so cannot be sued for relief. The plaintiff in this case has sought relief from two individuals who worked fo

The facts in this opinion are drawn from the allegations in the complaint. No trial has occurred. Neither party has presented evidence, and no facts have been found by a factfinder. Because this case comes to us as an appeal from a denial of a motion to dismiss, the applicable standard of review requires us to presume that the allegations in the complaint are true. Our decision to include in this

On February 26, 2003, Cheryl Brown Giggers, Charles C. Brown, Jr., Angela G. Brown, and Joann Fisher (“the plaintiffs”) filed a complaint against the City of Memphis (“the City”) and Memphis Housing Authority (“MHA”) for the wrongful death of Charles Cornelius Brown, Sr. (“the decedent”). The decedent, a resident of a housing project operated by MHA, was killed by a stray bullet on

This case presents the question of whether Kentucky's Whistleblower Act protects city employees. The Muhlenberg Circuit Court granted summary judgment for the City of Central City, Kentucky ("Central City"), although that court did not address the issue before us. The Court of Appeals affirmed, concluding that cities are not "employers" under the Whistleblower Act, and therefore are not subject to

{¶1} Defendant-appellant, Educational Service Center of Cuyahoga County (“ESC”), appeals from the trial court’s judgment denying its Civ.R. 12(C) motion for judgment on the pleadings. For the reasons that follow, we affirm in part, reverse in part, and remand.

I. Facts and Procedural History

{¶2} Plaintiff-appellee, Susan Bouton Schmitt, filed a complaint against Berea City S

{¶ 1} Defendant-appellant, Joseph P. Ebbing (Ebbing), appeals pro se from a decision of the Butler County Court of Common Pleas which declared his property a public nuisance and ordered the demolition of buildings located at 419 and 423 Sycamore Street (rear) Hamilton, Ohio. For the reasons discussed below, we affirm the judgment as modified.

{¶ 2} Plaintiff-appellee, the city of Hamilton

{¶ 1} Plaintiff-appellant, Jack G. Gibbs, Jr., Administrator of the Estate of Blanks Treadway ("Treadway"), deceased, appeals from a judgment of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee, Columbus Metropolitan Housing Authority ("CMHA"). For the reasons that follow, we affirm the judgment of the trial court.

{¶ 2} On Saturday, Augus

Defendant City of Sterling Heights (the city) appeals as of right an order denying its
motion for summary disposition in this tort liability action concerning an injury sustained by
plaintiff and allegedly caused by defects in a city sidewalk. The city, relying on governmental
immunity principles, maintained that the alleged defects pertained to a highway curb, not a
sidewalk, ther

This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company's business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.

FACTUAL/PROCEDURAL BACKGROUND

Carl R. Aten, Jr., and his wife are the only member

These companion appeals arise out of a personal-injury suit brought by a former Gloucester High School (GHS or school) student who was injured in a fight with another student on school grounds. On the morning of the fight, an assistant principal at the school received a report that the fight would occur sometime that day. He did not act on the report before the fight.

The injured student su

In this appeal, we consider whether the circuit court had subject matter jurisdiction to adjudicate a tort claim against Albemarle County.

Violet Seabolt filed a complaint against Albemarle County alleging that she was injured as a result of the county’s gross negligence in maintaining a public park. The county filed defensive pleadings, including a demurrer to gross negligence and a spec

In Maryland the vicious mauling of young children by pit bulls occurred as early as 1916.1 Bachman vs. Clark, 128 Md. 245; 97 A. 440 (1916). In that case, a ten-year-old boy, John L. Clark, was playing on the north side of a street when a pit bull (“bull terrier”) came across the street from its owner’s property and attacked him, inflicting serious injuries. The pit bull refused to release t

Joan J. Stickley, appellant, appeals from the grant of a motion for summary judgment in favor of State Farm Fire & Casualty Company, appellee, in the Circuit Court for Montgomery County. At issue is the applicability of Maryland Code (2005 Supp.), § 19-504.1 of the Insurance Article (“Ins.”), which requires an insurer to offer “under a policy . . . of private passenger motor vehicle liabili

American poet, author, and essayist William Carlos Williams wrote, “It is not what you say that matters but the manner in which you say it. There lies the secret of the ages.” Selected Essays, preface at i (1954). Respondents in the present case, CEGW, Inc., owner of the Baltimore-based City Paper, and Van Smith (Smith), a reporter, published in 2006–07 two articles in the City Paper that re

Plaintiff John Seals crashed into an electric utility pole owned by defendant Jersey Central Power & Light (JCP&L) and First Energy Corporation.1 The pole was located on private property a few feet off a road maintained by defendant Morris County in Washington Township. Plaintiff claims that JCP&L is liable for negligently placing the pole in a dangerous location where it was foreseeable that a ve

Donita Rowan and her husband, James Niese, filed suit against Dr. Carmelita P. Escalante, Dr. E. Edmund Kim, Dr. Edgardo Rivera, and Dr. Franklin C. Wong, physicians at The University of Texas M.D. Anderson Cancer Center (“M.D. Anderson”), alleging the doctors were negligent in failing to diagnose and treat the recurrence of Rowan’s cancer. The doctors moved to dismiss the suit under section