Res Ipsa Loquitur Law
 
Jeffrey Kremers v. James M. Dahl

In this contract-for-deed resort-property dispute, the sellers seek to cancel the contract after the buyers failed to make their final balloon payment, and the buyers seek a

 Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.

2

judgment for breach of contract by claiming that the sellers misrepresented the qualit

More...   $0 (01-21-2014 - MN)

Double Knobs Mountain Ranch, Inc.

College of the Mainland appeals from an order denying its plea to the jurisdiction seeking dismissal of a retaliatory discharge suit filed under Chapter 554 of the Texas Government Code by former employee Douglas Meneke. We reverse the trial court’s order and render judgment that this suit must be dismissed because Meneke’s claim is barred by governmental immunity and the trial court therefore

More...   $0 (01-23-2014 - TX)

Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

2

Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked

More...   $0 (01-23-2014 - TX)

Denis Dailey v. City of San Diego

Plaintiff Denise Dailey (Dailey) asserts the court erred in granting the City of San Diego's (City's) motion for summary judgment on her first cause of action for declaratory relief. In that cause of action Dailey alleged that the City improperly capped her retiree

2

health benefit at $8,880, which she alleges is approximately $600 less than the cost of her actual premiums. She alleg

More...   $0 (01-23-2014 - CA)

Fujifilm Corporation v. Cindy Yang

Cindy Yang appeals from the judgment for Fujifilm Corporation (Fuji). According to Yang, Fuji split its cause of action against her. She contends Fuji could have pursued its claims for fraudulent transfers against her in a prior federal court proceeding, and therefore the trial court should have applied res judicata and claim preclusion to bar those claims here. We find that the trial court correc

More...   $0 (01-24-2014 - CA)

State of Oklahoma v. Troy A. Methvin

The State of Oklahoma charged Troy A. Methvin with:

Count # 1. Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902 A 2 Date Of Offense: 03/16/2012

Party Name: Disposition Information: METHVIN, TROY A (After Prior Convictions) Pending.

Count # 2. Count as Filed: ABGEN, PRISONER PLACING BODILY FLUIDS ON A GOVERNMENT E

More...   $0 (03-27-2012 - OK)

State of Oklahoma v. Christopher Hanson

The State of Oklahoma charged Christopher Hanson with:

Count # 1. Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649 Date Of Offense: 03/17/2012

Party Name: Disposition Information: HANSON, CHRISTOPHER Disposed: DEFERRED, 05/17/2012. Guilty Plea. Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABOFF) Violation of 21 O.S. 64

More...   $0 (05-17-2012 - OK)

State of Oklahoma v. David Douglas Bender, Patrick James Hansen a/k/a Lance Brown

The State of Oklahoma charged David Douglas Bender, Patrick James Hansen a/k/a Lance Brown with:

Count # 1. Count as Filed: LA4, Possession Of Stolen Vehicle - Not Entitled to Possess Vehicle , in violation of 47 O.S. 4-103 Date Of Offense: 03/20/2012

Party Name: Disposition Information: BENDER, DAVID DOUGLAS (After Prior Convictions) Disposed: CONVICTION, 04/24/2012. Guilty

More...   $0 (04-24-2012 - OK)

Adam Cate v. City of Burlington

¶ 1. ROBINSON, J. Plaintiff filed suit for breach of contract and intentional infliction of emotional distress (IIED) against his former employer, the City of Burlington, claiming that the City disciplined him for actions and in a manner not authorized by the City’s personnel manual. The trial court granted the City summary judgment, concluding that the manual unambiguously allow

More...   $0 (08-02-2013 - VT)

Jamie Clarke v. Joseph Abate, M.D.

¶ 1. REIBER, C.J. In this civil action alleging sexual assault and battery and intentional or reckless infliction of emotional distress by a medical doctor during the course of his treatment of a high school female athlete, plaintiff appeals the superior court’s grant of summary judgment to defendant based on the six-year statute of limitations applicable to childhood sexual abuse

More...   $0 (08-09-2013 - VT)

Thomas Kellogg v. Cindy Shushereba

¶ 1. DOOLEY, J. This case presents the difficult task of equitably resolving the fallout from a collapsed, unwritten real estate transaction. Both parties challenge the monetary award arrived at by the trial court, sitting in equity. We conclude that, although correct in some respects, the trial court’s decision mistakenly treated the parties’ agreement as though it were an ag

More...   $0 (09-06-2013 - VT)

Doreen Carpentier v. Douglas Tuthill and Town of Hartford Town Clerk

¶ 1. BURGESS, J. Defendant Douglas Tuthill, Administrator of the Estate of Paul Oakes, appeals from the jury’s award of $150,000 in punitive damages to plaintiff Doreen Carpentier and the trial court’s denial of his motion for remittitur. Defendant also challenges the trial court’s denial of his post-judgment motion to vacate a writ of attachment. We affirm.

¶ 2.

More...   $0 (10-04-2013 - VT)

In Re: Late Fee and Over-Limit Fee Liitgattion - Andrew W. Pinon v. Bank of America, N.A.

Suppose you have an ordinary consumer credit card. You are committed to fiscal rectitude, so you pay your balance in full on the due date each month and never exceed your credit limit. One particularly busy month, though, you lose track of how much you have spent and you charge a purchase that pushes your balance a few dollars beyond your credit limit. You compound the problem when you make your m

More...   $0 (01-21-2014 - CA)

Steven Smothers v. Solvay Chemicals, Inc.

Steven Smothers worked for Solvay Chemical, Inc. (“Solvay”) for 18 years until Solvay fired him, ostensibly because of a first-time safety violation and a dispute with a

-2-

coworker. Mr. Smothers contends the company’s true motivations were retaliation for taking medical leave from work, in violation of the Family Medical Leave Act (“FMLA”), and discrimination on the basis

More...   $0 (01-21-2014 - WY)

Wilmington Trust Company v. Karen Anne Sullivan-Thorne

[¶1] Wilmington Trust Company (“Wilmington”) appeals from a summary judgment entered in the District Court (Lewiston, Lawrence, J.) in favor of Karen Anne Sullivan-Thorne on Wilmington’s complaint seeking a judgment of foreclosure. Wilmington argues that the District Court erred in concluding that Wilmington’s foreclosure action was barred by the doctrine of res judicata based on prior li

More...   $0 (11-05-2013 - ME)

State of Oklahoma v. Cody Matthew Snodgrass

The State of Oklahoma charged Cody Matthew Snodgrass with:

Count # 1. Count as Filed: ABGEN, PRISONER PLACING BODILY FLUIDS ON A GOVERNMENT EMPLOYEE , in violation of 21 O.S. 650.9 Date Of Offense: 03/06/2012

Party Name: Disposition Information: SNODGRASS, CODY MATTHEW Disposed: DEFERRED, 05/08/2012. Guilty Plea. Count as Disposed:PRISONER PLACING BODILY FLUIDS ON A GOVERNMEN

More...   $0 (05-08-2012 - OK)

William Clark Spray v. Sears Holdings Corporation, K Mart Corporation and Enid OK Retail, LLC

William Clark Spray sued Sears Holdings Corporation, K Mart Corporation and Enid OK Retail, LLC on a premises liability theory claiming:

JURISDICTION AND VENUE

1. That the Plaintiffs are residents of the State of Oklahoma and have been domiciled in Garfield County, Oklahoma at all times material herein.

2. That Defendant, Sears is an Illinois Corporation with its princip

More...   $0 (12-31-2013 - OK)

State of Oklahoma v. William David Miske

The State of Oklahoma charged William David Miske with:

Count # 1. Count as Filed: ESC, ELUDING A POLICE OFFICER , in violation of 21 O.S. 540 A Date Of Offense: 03/15/2012

Party Name: Disposition Information: MISKE, WILLIAM DAVID Disposed: CONVICTION, 04/13/2012. Guilty Plea. Count as Disposed:ELUDING A POLICE OFFICER (ESC) Violation of 21 O.S. 540 A

Count

More...   $0 (04-13-2012 - OK)

In the Estate of Consuella Perkins Ulbrich, Deceased

On September 18, 2013, we issued an opinion affirming the probate court’s judgment in part, reversing the probate court’s judgment in part, and remanding the cause to the probate court. See Estate of Ulbrich, No. 04-12-00514-CV, 2013 WL 5297161 (Tex. App.—San Antonio Sept. 18, 2013). Appellant then filed a motion for rehearing. After requesting a response, we grant appellant’s motion for r

More...   $0 (01-17-2014 - TX)

James Bradley Morrison v. James Campbell

In this agreed interlocutory appeal, James Bradley Morrison appeals from the trial court’s denial of his motion for summary judgment on the claim for loss of use damages brought against him by James Campbell.1 Morrison’s vehicle 1Because this lawsuit was filed before September 1, 2011, the former civil practice and remedies code section 51.014 applies to this case rather than the amended rule;

More...   $0 (01-17-2014 - TX)

Willis Floyd Wiley v. American Zurich Insurance Company

Appellant Willis Floyd Wiley appeals from the trial court’s dismissal of his claims against Appellee American Zurich Insurance Company. We affirm.

2

BACKGROUND

Following the compensable work-related death of Lee Otis Ryans, Wiley sought death benefits from Ryans’s employer’s worker’s compensation insurer, American Zurich. At the conclusion of a Contested Case hearing,

More...   $0 (01-17-2014 - TX)

Raquel Pascoal Wiliams v. Secretary, U.S. Department of Homeland Security

Raquel Pascoal Williams appeals the District Court’s grant of summary judgment in favor of the U.S. Department of Homeland Security (DHS). The District Court interpreted parts of the Immigration and Nationality Act (INA) to prevent Ms. Pascoal from adjusting her immigration status to become a legal permanent resident. Her appeal raises a novel issue of statutory interpretation: whether the remar

More...   $0 (01-17-2014 - FL)

State of Oklahoma v. Ryan Scott Levin

Tulsa criminal defense lawyer Jerry Turster represented Ryan Scott Levin who was charged with:

Count # 1. Count as Filed: ODO, POSSESSION OF CONTROLLED DRUG WITH INTENT TO DISTRIBUTE , in violation of 63 O.S. 2-401-A1 Date Of Offense: 03/10/2012

Party Name: Disposition Informatio

More...   $0 (01-13-2014 - OK)

State of Oklahoma v. Casey Lee Cloud

The State of Oklahoma charged Casey Lee Cloud with:

Count # 1.
Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902 A 2
Date Of Offense: 08/20/2011

Party Name: Disposition Information:

CLOUD, CASEY LEE
(After Prior Convictions)
Disposed: CONVICTION, 12/10/2012. Guilty Plea.
Count as Disposed:DU

More...   $0 (12-10-2012 - OK)

Maxwell's Pic-Pac, Inc. v. Tony Dehner

A Kentucky statute prohibits businesses that sell substantial amounts of staple groceries or gasoline from applying for a license to sell wine and liquor. Ky. Rev. Stat. § 243.230(7). A regulation applies this provision to retailers that sell those items at a rate of at least 10% of gross monthly sales. 804 Ky. Admin. Regs. 4:270. Harmed by the statute, Maxwell’s Pic-Pac (a grocer) and Food

More...   $0 (01-15-2014 - KY)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher