We are asked to determine if the personal representative of a decedent's estate may maintain a malpractice cause of action against the decedent's attorney for substandard estate planning that resulted in increased tax liability. We

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answer this question "no" because the cause of action arose after the decedent's death which means it does not qualify as a survival claim under K.S.A.

The Federal Tort Claims Act (FTCA) waives the Government’s sovereign immunity from tort suits, but excepts from that waiver certain intentional torts, 28 U. S. C. §2680(h). Section §2680(h), in turn, contains a proviso that extends the waiver of immunity to claims for sixintentional torts, including assault and battery, that are based on the“acts or omissions� of an “investigative or law

The federal Medicaid statute’s anti-lien provision, 42 U. S. C. §1396p(a)(1), pre-empts a State’s effort to take any portion of a Medicaid beneficiary’s tort judgment or settlement not “designated aspayments for medical care,� Arkansas Dept. of Health and Human Servs. v. Ahlborn, 547 U. S. 268, 284. A North Carolina statute requires that up to one-third of any damages recovered by a ben

¶1 The United States Court of Appeals for the Tenth Circuit (Tenth Circuit) certified a single question of first impression to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §1601, et seq. We are not asked whether the negligence claim is preempted by federal law as the Tenth Circuit has resolved that preemption analysis has no place in the cause. Rather,

In this strict products liability case, we consider whether the criminal nature of a juvenile‘s act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut of

This is an interlocutory appeal from the trial court’s order granting appellee James Walesa’s special appearance. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2012). Appellant Abruzzo, LLC contends the trial court erred in granting Walesa’s special appearance because Walesa committed torts in Texas that subject him to specific jurisdiction in Texas courts. We affirm the t

Plaintiff’s decedent worked for a civilian contractor at a military base in Michigan. He was fatally injured by a gutter that fell from the liquor store on the base. The United States appeals from the district court’s award under the Federal Tort Claims Act of $1.18 million in damages for failure to warn. Because

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No. 12-1365 Berrien v. USA Page 2

the Act does not waive t

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8

Plaintiffs-Appellants, Ronald Curtis, Cedric Johnson, and Curvis Bickham (collectively, “Appellants�) appeal the district court’s grant of summary judgment on their claims under 42 U.S.C. § 1983 in favor of Defendants-Appellees: (i) W. Anthony, a sergeant in the Houston Police Department (“HPD�); (ii) R. Chappell, an officer in the HPD; (iii) C. W. Stivers, an officer in the HPD; (iv) t

Becky Sanders sued the City of Broken Arrow on a governmental tort claim premises liability theory under 51 O.S. 151, et seq. claiming:

1. Plaintiff is a resident of Oklahoma and resides in Tulsa County.

2. Defendant, City of Broken Arrow is a statutorily recognized city/municipality pursuant to the laws of the State of Oklahoma. The City of Broken Arrow is located within the Cou

Amanda Baker and Toy Reeves sued Randy C. Chipman on a tort theory claiming:

As this suit is brought by Plaintffs against Defendant for the (a) malicious injury to Plaintiffs property, buildings and adjoining swimming pool structures and the (b) malicious injury and destruction and or death of Plaintiffs property, a beige boxer animal and family dog, all caused by multiple gun shot wounds

Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming:

1. Plaintiff is a physician residing in Tulsa County, Oklahoma.

2. Defendant Tulsa Pain Consultants, Inc., P.C. (hereinafter TPC’), is a domestic professional

Angela Richardson sued Independent School District No. 1 claiming:


COMES NOW the Plaintiff, ANGELIA R1CHARDSON, the mother and next friend of EMONIE CRAWL, a minor, and for her causes of action against the Defendant, INDEPENDENT SCHOOL DISTRICT NO. 1 OF TULSA COUNTY, OKLAHOMA, allege and
state as follows:

1. That the Plaintiff is a resident of Tulsa County, State of Okla

The Powder River Basin Resource Council sued the State of Wyoming, ex rel. Wyoming Oil and Gas Resource Council Conservation Commission on an open records request denial theory claiming that the Defendant failed and refused to provide public information in its possession about the chemicals sued by oil companies to frack geological formations in their efforts to produce oil and gas.

The S

Stephon Wiggins appeals the district court’s grant of summary judgment dismissing his claims for sexual harassment (hostile work environment) and retaliation under Title VII, and his claim for intentional infliction of emotional distress, against St. Luke’s Episcopal Health System.1 For the reasons provided

1 St. Luke’s Episcopal Health System was improperly named in the complaint a

25 Plaintiff-Appellant John Doe appeals from a judgment of the United States District
26 Court for the Western District of New York (Telesca, J.) dismissing his complaint against
27 various Pennsylvania-based entities (the “Guthrie Defendants�) that Doe alleges own
28 Guthrie Clinic Steuben (the “Clinic�), a healthcare facility in Corning, New York.1 Doe’s
29 appeal princ

Bonnie Garden and Ibrahim Adeyemi sued David E. Bates, Braden R. Goodman and Bruce Wayne Mager on auto negligence theories. The claims made by the Plaintiffs are not available.

Defendant Branden R. Goodman appeared, answered and cross-claimed as follows:

1. Defendant generally and specifically denies each and every material legation
contained in the Petition filed on behalf

A federal jury found Sears, Roebuck and Co. liable for causing Lisa
Learmonth’s injuries in an automobile accident. In a general verdict, the jury
awarded her $4 million in compensatory damages. On Sears’ motion, the district
court interpreted the award to include $2.2 million in noneconomic damages,
then reduced this portion of the award to $1 million pursuant to Mississippiâ€

Kyle West sued Christopher Mansfield and Mr. Ed's Auction Company, Inc. on a negligence theory claiming:

1. Kyle West is an individual living within Tulsa County, State of Oklahoma. Defendant, Christopher Mansfield (“Mansfield�), is an attorney having offices in Tulsa County, Oklahoma. J. Edward Vierheller (“Vierheller�) is an individual and principal owner of Mr. Ed’s Auction C

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

2

Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar

The City of Houston appeals the trial court’s denial of its plea to the jurisdiction based on governmental immunity. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2012). We affirm.

2

Background

Plaintiff Edmund Cogburn sued the City of Houston over injuries he sustained from tripping and falling against a city-owned parking meter. The following factual all

Myles Hopkins, a former police chief of Liverpool, Texas, sued Bill Strickland, the mayor of Liverpool, for slander and malicious prosecution. Strickland responded with a plea to the jurisdiction, maintaining that he was immune from suit against him individually under section 101.106(f) of the Texas Tort Claims Act, among other common law assertions of immunity. See TEX. CIV.

2

PRAC.

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE

Plaintiff-Appellant Andricka Stewart appeals from the district court’s dismissal of her civil-rights action against Defendant-Appellee Waco Independent School District (the “District�). She seeks review only of her claim under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Because Stewart states a claim under one theory of liability, we REVERSE and REMAND for proceedings consist

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,