Daubert Law
 
Brandon Andrew v. Elisa Depani-Sparkes, D.O., et al.

Oklahoma City, OK - Brandon Andrew and Danielle Edwards, individually and as Parents and Next Friends of Briana Andrew, a minor child, sued Elisa Depani-Sparkes, D.O., The Physician Group, P.L.L.C., d/b/a Occo Healthcare Network, Mercy Health Center, Inc. d/b/a Mercy Health Center, Integris Health, Inc., and Integris Ambultory Care Corporation d/b/a Integris Family Care Edmond on medical negligenc... More...   $0 (05-07-2015 - OK)

Giovanni Elezi and Napolis of Tulsa, Inc. v. Parker Strip Center, LLC and Steve D. Eaton

Tulsa, OK - Giovanni Elezi and Napolis of Tulsa, Inc. sued Parker Strip Center, LLC and Steve D. Eaton on breach of contract theories claiming:

I. Plaintiff Giovanni Elezi is an individual who resides in Tulsa County, State of Oklahoma.
2. Plaintiff Napoli’s of Tulsa, Inc. is an Oklahoma corporation, and its principle place of
business is in Tulsa County, State of Oklahoma.
... More...
   $0 (04-16-2015 - OK)

Sean Bryan Sullivan v. Bobby Custer and Mason Management, Inc.

Tulsa, OK - Sean Bryan Sullivan sued Bobby Custer and Mason Management, Inc. on auto negligence and respondeat superior theories.

The pre-trial order provided in part:

This is an action for damages resulting from an automobile accident that occurred on or about October 6, 2010, at or near the intersection of l4l Street and Barber Street in Glenpool, Oklahoma, in Tulsa County, Sta... More...
   $0 (04-08-2015 - OK)

State of Oklahoma, ex. rel Department of Transporation v. C. Keith Landers, et al.

Lawton, OK - State of Oklahoma, ex. rel Department of Transporation charge C. Keith Landers, Cindy Hardzog Landers f/k/a Cindy Siebold f/k/a Tiny Hardzog a/k/a Tiny M. Hardzog claiming:

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: STATE OF OKLAHOMA
Filed Date: 06/14/2013
Party Name Disposition Information
Disposed: JUDGEMENT ENTERED, 04/03/2015. Judge
Dock... More...
   $1 (04-03-2015 - OK)

Phillip G. Roberts v. Roger E. Janitz, D.D.S.

Tulsa, OK - Phillip G. Roberts sued Roger E. Janitz, D.D.S. on a medical negligence theory (dental malpractice), res ipsa loquitur and general negligence theories. He claimed that August 31, 2009, Plaintiff, Philip Roberts, had oral surgery performed on him by Defendant, Robert Janitz, for the removal of various teeth.

Defendant asserted the following in his answer:

a. Dr. Janitz... More...
   $1 (03-23-2015 - OK)

State of Wisconsin v. Rodolfo Gomez

Milwaukee, WI - The State of Wisconsin charged Milwaukee Police Detective Rodolfo Gomez, Jr., age 48, with misconduct in public office and abuse of a prisoner for allegedly unlawfully beating a handcuffed suspect during a 2013 interrogation. A video of the incident showed Gomez punching and kiling Deron Love during the interrogation.

____________________________________

02-13-201... More...
   $0 (02-13-2015 - WI)

Cynthia G. Barela v. Marlynn J. Smith and Daniel Smith Construction, Inc.

Tulsa, OK - Cynthia G. Barela sued Marlynn J. Smith and Daniel Smith Construction, Inc. alleging:

1. That the Plaintiff, Cynthia 0. Barela, is a resident of Broken Arrow Tulsa County, Oklahoma.
2. That the Defendant. Marlynn .1. Smith, is a resident of Rogers, Pittsburg Coupiy. Oklahoma.
3 l hat the Defendant Daniel Smith Construction, me, is a company located in Tuls, Oklahoma an... More...
   $1 (02-05-2015 - OK)

Michelle Kosilek v. Luis S. Spencer

This case involves important
issues that arise under the Eighth Amendment to the U.S.
Constitution. We are asked to determine whether the district court
erred in concluding that the Massachusetts Department of Correction
("DOC") has violated the Cruel and Unusual Punishment Clause of the
Eighth Amendment by providing allegedly inadequate medical care to
prisoner Michelle Ko... More...
   $0 (12-16-2014 - MA)

John Niemi v. Erwin Lasshofer

John Niemi, Robert Naegele, III, and Jesper Parnevik (“Plaintiffs” or “Appellees”)
claim that Erwin Lasshofer and three companies affiliated with him (the “Lasshofer
Defendants” or “Appellants”), along with other co-conspirators, perpetrated a fraudulent
financing scheme that caused the collapse of Plaintiffs’ large-scale real estate
development project in Brecken... More...
   $0 (11-04-2014 - CO)

Joseph Adinolfe v. United Technologies Corporation d/b/a Pratt & Whitney

These consolidated appeals concern the dismissal with prejudice, under Federal Rule of Civil Procedure Rule 12(b)(6), of the second amended complaints filed in two related toxic tort cases asserting common-law and statutory claims under Florida law. Given the posture of these appeals, one would have expected the parties’ briefs to focus exclusively on whether the allegations in the complaints st... More...   $0 (10-06-2014 - FL)

April Scarlott v. Nissan North America, Inc.

Plaintiff-Appellant April Scarlott and Appellants Weisberg & Meyers, L.L.C. and Noah Radbil appeal the district court’s denial of Scarlott’s motion to remand, grant of summary judgment in favor of Defendants-Appellees Nissan North American, Incorporated (“Nissan”) and Hurricane Auto Care & Accessories, Incorporated (“Hurricane”),1 as well as the district court’s final
judgment an... More...
   $0 (09-30-2014 - TX)

Equal Employment Opportunity Commission v. Midwest Regional Medical Center LLC

The Equal Employment Opportunity Commission sued Midwest Regional Medical Center, L.L.C. claiming that the Defendant was violating the Americans With Disabilities Act in the operation of its hospital facility.

The Court's docket entries for the month of August for this case are set for below:

08/01/2014 119 UNOPPOSED MOTION for Leave to file Amendment to EEOC's Deposition Desig... More...
   $0 (08-27-2014 - OK)

John Doe v. Payne County Board of County Commissioners, et al.

John Doe sued the Payne County Board of County Commissioners, Advanced Correctional Healthcare, Inc. and Jodie L. Gage on civil rights violation theories claiming to have been harmed in violation with the Americans With Disabilities Act.

The Court's docket entries for the month of August are set forth below:

08/03/2014 265 RESPONSE in Opposition re 250 MOTION for Order Motion to... More...
   $0 (08-27-2014 - OK)

The People v. David Allen Lucas

A jury found defendant David Allen Lucas guilty of the first degree murders of Suzanne Jacobs, Colin Jacobs, and Anne Swanke (Pen. Code, §§ 187, subd. (a), 189),1 the attempted murder of Jodie Santiago Robertson (§§ 187, 664), and the kidnappings of Swanke and Robertson (§ 207, subd. (a)). The jury also found that he personally used a knife during each crime (§ 12022, subd. (b)) and inflicte... More...   $0 (08-21-2014 - CA)

United States of America v. Anthony Gadson

Anthony Gadson and Willie Wilson appeal their
convictions for conspiracy to distribute more than 500 grams
of cocaine, possession with intent to distribute controlled
substances, and possession of firearms in furtherance of their
conspiracy and possession of controlled substances. Wilson
also appeals his conviction for retaliation against a witness.
On appeal, they challeng... More...
   $0 (08-19-2014 - AK)

United States of America v. Maria Leticia Gutierrez de Lopez

After a sting operation involving two confidential informants and substantial audio and video surveillance, federal law enforcement officers caught Jesus Cabral-Ramirez (“Mr. Cabral”) and Defendant-Appellant Maria Gutierrez de Lopez (“Ms. Gutierrez”) attempting to transport an undocumented alien from El Paso, Texas to Denver, Colorado. A federal grand jury indicted Ms. Gutierrez on one cou... More...   $0 (08-01-2014 - NM)

Christina Nicole Adams and Christopher L. Adams v. Laboratory Corporation of America

Christina and Christopher Adams (“the Adamses”) filed a lawsuit against Laboratory Corporation of America (“LabCorp”), alleging that its cytotechnologists were negligent in failing to identify abnormalities in Ms. Adams’s Pap smears and that this negligence caused a delay in her cancer diagnosis. LabCorp moved to exclude the testimony of Dr. Dorothy Rosenthal concerning the alleged breac... More...   $0 (07-29-2014 - GA)

United States of America v. Maria Vianey Median-Copete and Rafael Goxcon-Chagal

These appeals, brought to us by Maria Vianey Medina-Copete (“Medina”) and Rafael Goxcon-Chagal (“Goxcon”) following their convictions on drug trafficking charges, requires us to consider an issue of first impression in our circuit. During the trial, the district court allowed a purported expert on certain religious iconography to testify that veneration of a figure known as “Santa Muerte... More...   $0 (07-02-2014 - NM)

Dilliam Andrew Yeaman v. Hillerich & Bradsby Co. d/b/a Louisville Slugger

Should a manufacturer be required to pay damages because a product performs its intended function too well? High school pitcher Dillon Yeaman was seriously injured when he was struck in the face by a baseball hit from a bat designed, manufactured, and

- 2 -

sold by Hillerich & Bradsby (H&B), d/b/a Louisville Slugger. Claiming the bat was defective because it propelled the ball to... More...
   $0 (06-30-2014 - OK)

Wanda Rogers v. Bromac Title Services, L.L.C., et

Wanda Rogers appeals the district court’s grant of summary judgment in favor of her former employer, Bromac Title Services, and its owner, Title Resource Group, LLC (collectively, “Bromac” or “appellees”), dismissing her claims under the Jury System Improvement Act (“JSIA”), 28 U.S.C. § 1875. For the following reasons, we AFFIRM.

FACTS AND PROCEEDINGS

From April 29, 20... More...
   $0 (06-18-2014 - OK)

Tyson Fresh Meats, Inc. v. Mahdey Abdi

Tyson Fresh Meats, Inc. (Tyson) appeals from a judgment rendered in favor of Mahdey Abdi (Abdi). The latter was injured while working at Tyson’s meat-packing plant. His arm was crushed after becoming stuck in a conveyor belt he attempted to clean. The belt was off when Abdi began his task but somehow engaged before the job was completed. Suit followed, wherein Abdi accused Tyson of negligence in... More...   $0 (05-28-2014 - TX)

BNSF Railway Company v. James E. Phillips

Upon consideration of Appellant BNSF Railway Company’s motions for rehearing and reconsideration en banc, Appellee James E. Phillips’s response, and BNSF’s reply, this court denies the motion for reconsideration en banc in a separate order today, and we deny the motion for rehearing. However, we withdraw our prior opinions and judgment of August 1, 2013 and substitute the following.

... More...
   $1901000 (05-22-2014 - TX)

Terry Moore v. Robert Blackwell and Farmers Insurance Company, Inc.

¶1 Plaintiff Terry Moore, individually and as next friend of Jerrit Moore, a minor, appeals a judgment entered in Defendants' favor resulting from a jury verdict rendered on April 11, 2011, in favor of Defendant Robert Blackwell. Having reviewed the record and pertinent law, we reverse and remand for further proceedings.

FACTS

¶2 According to Plaintiff's appellate brief, on Septemb... More...
   $0 (04-29-2014 - OK)

United States of America v. Eric Leon Christian

Eric Leon Christian appeals his conviction for two counts of transmitting through interstate commerce email communications containing threats to injure the person of another. He argues that the district court should have allowed his expert, a psychologist who had earlier examined him for competency to stand trial, to testify regarding his diminished capacity defense and that he was entitled to a j... More...   $0 (04-17-2014 - CA)

Raul Flores, Inc. v. Adrain D. Rodriguez and L&F Distributors, L.L.C.

In this commercial property damage case, appellant Raul Flores, Inc. (“Flores”), sued appellees Adrian D. Rodriguez and L&F Distributors, L.L.C. (“L&F”). After trial, the trial court directed a verdict in favor of appellees on certain claims, and the jury found in favor of Flores on the remaining claims. Flores raises five issues on appeal, contending

2

that the trial court e... More...
   $0 (04-03-2014 - TX)

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