Res Ipsa Loquitur Law
 
Wellogix, Inc. v. Accenture, L.L.P.

Plaintiff-Appellee Wellogix, Inc. alleged that Defendant-Appellant Accenture, L.L.P, misappropriated its trade secrets. After a nine-day trial, a jury returned a unanimous verdict against Accenture, awarding Wellogix compensatory and punitive damages. After a careful review of the record, we find that there was sufficient evidence to support the jury’s verdict, and the resulting damages awards.

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Verizon v. Federal Communications Commission

For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source—or to require, as USCA Case #11-1355 Document #1474943 Filed: 01/14/2014 Page 3 of 81

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it is popularly known, “net neutrality.” In Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010), we h

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Drakes Bay Oyster Company v. Sally Jewell

This appeal, which pits an oyster farm, oyster lovers and
well-known “foodies” against environmentalists aligned with
the federal government, has generated considerable attention
in the San Francisco Bay area.1 Drakes Bay Oyster Company
(“Drakes Bay”) challenges the Secretary of the Interior’s
discretionary decision to let Drakes Bay’s permit for
commercial oyst

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Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo

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State of Oklahoma v. Juan Quintana

The State of Oklahoma charged Juan Quintana with:

Count # 1. Count as Filed: DI6A, DUI ALCOHOL - 3ND OFFENSE , in violation of 47 O.S. 11-902(A)(2) Date Of Offense: 03/06/2012

Party Name: Disposition Information: QUINTANA, JUAN (After Prior Convictions) Disposed: CONVICTION, 06/25/2012. Guilty Plea. Count as Disposed:DUI ALCOHOL - 3ND OFFENSE (DI6A) Violation of 47 O.S. 11-90

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Harriet Walczak v. Chicago Board of Education

Harriet Walczak was in her fourth decade of teaching in the Chicago Public School system when her school’s new principal placed her in a performanceremediation program during the 2007–2008 academic year. By the end of that school year, she was facing discharge proceedings. Walczak thought that the principal had it in for

2 No. 12-2808

her based on her age (she was in her late

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Dallas County v. Roy Logan

This is an interlocutory appeal pursuant to section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). Appellant Dallas County asserts a single issue challenging the trial court’s denial of its plea to the jurisdiction in a suit brought by appellee Roy Logan under the Texas Whistleblower Act. See TEX. GOV’T CODE A

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David Carl Barger v. Becco Contractors, Inc.

David Carl Barger sued Becco Contractors, Inc. on a negligence theory claiming:

1. Plaintiff is a resident of Creek County Oklahoma.

2. Defendant is a corporation organized under the laws of the State of Oklahoma and doing business in Tulsa County, Oklahoma.

3. The accident giving rising to Plaintiff’s cause of action occurred in the City of Tulsa, County of Tulsa, Sta

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United States ex rel. Kurt Bunk v. Gosselin World Wide Moving, N.V.

These appeals and cross-appeal are taken from final judgments, entered in accordance with Federal Rule of Civil Procedure 54(b), in a pair of qui tam actions consolidated for litigation in the Eastern District of Virginia. By its Order of February 14, 2012, the district court: (1) assessed a single civil penalty in the sum of $5,500 in favor of the United States, intervening in substitution of rel

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Joseph W. Democko v. Iowa Department of Natural Resources

In this case, we consider whether the Iowa Department of Natural Resources (DNR) can revoke resident hunting licenses previously granted to Joseph Democko, Donald Jones, and James Samis on the basis they do not qualify as residents under Iowa Code chapter 483A. On judicial review, Democko, Jones, and Samis claim that the agency’s decision was not supported by substantial evidence and, in the alt

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United States of America v. Nicholas Joseph Ramirez

Defendant-Appellant Nicholas Joseph Ramirez pleaded guilty to conspiracy to
possess with intent to distribute and to distribute several controlled substances in
violation of 21 U.S.C. § 846 and § 841(b)(1)(C), and money laundering in violation
of 21 U.S.C. § 1956(a)(1) and (h). Although his plea agreement included a broad
waiver of appellate rights, he brought this appeal to cha

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United States of America v. Bobby Jack Jenkins

Bobby Jack Jenkins, the Defendant - Appellant, made a series of threatening and obscene telephone calls to government offices in Wyoming. He was arrested and charged with three counts of making interstate communications with the intent to injure, in violation of 18 U.S.C. § 875(c). A jury convicted him on two of the counts, and the district court sentenced him to fifty-one months in prison.
<

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State of Oklahoma v. Sean Charles Donica

The State of Oklahoma charged Sean Charles Donica with:

Count # 1.
Count as Filed: ABDOM, DOMESTIC ASSAULT WITH A DANGEROUS WEAPON , in violation of 21 O.S. 644 D 1
Date Of Offense: 02/22/2012

Party Name: Disposition Information:

DONICA, SEAN CHARLES
Disposed: DEFERRED, 06/28/2012. Guilty Plea.
Count as Disposed:DOMESTIC ASSAULT WITH A DANGEROUS WE

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State of Oklahoma v. Kendrick Damond Frierson, Cameron Linn Hart, Chris Phillip Hart, Judson Boyette Gonzalez and Bradley Jordan Thomas

The State of Oklahoma charged Kendrick Damond Frierson, Cameron Linn Hart, Chris Phillip Hart, Judson Boyette Gonzalez and Bradley Jordan Thomas with:

Count # 1.
Count as Filed: BRG1, BURGLARY - FIRST DEGREE , in violation of 21 O.S. 1431
Date Of Offense: 02/20/2012

Party Name: Disposition Information:

FRIERSON, KENDRICK DAMOND
Disposed: CONVICTION, 06

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Clarice Hoover v. Jordan Renee Cunningham aka Jordan R. Cunningham aka Jordan Cunningham, Becky Cunningham aka Rebecca Cunningham

Clarice Hoover sued Jordan Renee Cunningham aka Jordan R. Cunningham aka Jordan Cunningham, Becky Cunningham aka Rebecca Cunningham on an auto negligence theory claiming:

Plaintiff alleges and states as follows:

1. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.

2. Defendant Jordan Cunningham (Hereinafter JC) was at all material times upon infor

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In Re Official Publication of Decisions

¶1 The January 2, 1954, "Certificate" designating West Publishing Company, St. Paul Minnesota, as the official publisher of decisions of the Oklahoma Supreme Court is hereby revoked. Effective January 1, 2014, the Oklahoma Supreme Court will become the official publisher of the decisions of this Court and the Oklahoma Court of Civil Appeals. The official version of published decisions of the Okla

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Alexander Graham-Sult v. Nicholas P. Clainos

Plaintiffs Alexander Graham-Sult and David Graham appeal the district court’s disposition of: (1) a motion to dismiss; (2) a special motion to strike under California’s anti- SLAPP statute; and (3) related attorney’s fees awards.

GRAHAM-SULT V. CLAINOS 5

We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs’ conversion and unjust e

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Cathy Lexin v. City of San Diego

This is the latest appeal arising from the City of San Diego's (the City) infamous underfunding of its employment retirement system. In 2002 the Board of Directors (board) of the San Diego City Employees' Retirement System (SDCERS) approved the City's proposal to modify the funding plan to delete the potential of a balloon payment if the underfunded ratio fell to a certain level, in exchange for t

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Annemarrie Donkin v. Rodney E. Dunkin, Jr.

Rodney E. Donkin and Mary E. Donkin, a married couple, executed a revocable trust in 1988 (the Family Trust) as part of their estate planning, naming their four children as equal primary beneficiaries after they both had died.1 Rodney died in 2002. Shortly before her death in 2005, Mary executed a second amendment to the Family Trust instrument (hereafter the Trust‟s Second

1 When we subs

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Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res

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Amable J. Moya v. Trucks & Parts of Tampa, Inc. and Ameritrust Insurance Company

Amable J. Moya (“Claimant”) appeals a summary final order denying his Petition for Benefits (“PFB”) seeking authorization for an MRI of his right shoulder.

Because Claimant failed to demonstrate existence of a material factual dispute, we affirm the order.

On the date of the accident, Claimant worked as a dismantler in the Employer’s salvage department, taking apart and rem

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Philadelphia Indemnity Insurance Company a/s/o Mirsan, L.P., d/b/a Sienna Ridge Apartments v. Carmen A. White

Appellant Philadelphia Indemnity Insurance Company (“Philadelphia”), as subrogee of Mirsan, L.P. d/b/a Sienna Ridge Apartments, sued appellee Carmen White for damages related to an apartment fire. Philadelphia alleged White caused the damage to her apartment and several adjacent apartments and she was liable for all damages according to a provision in her apartment lease. After a jury found in

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Wild Horse Observers Association, Inc. v. Sally Jewell

The Wild Horse Observers Association (WHOA), appeals the district court’s dismissal of its petition for injunctive relief and a declaratory judgment against the United States Department of the Interior and the United States Bureau of Land Management (collectively, the “BLM”), and New Mexico resident, Al Baca, who owns land adjacent to federal land. The district court dismissed WHOA’s suit

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Springer Ranch, Ltd. v. O.F. Jones, III, Margaret Matthews, Ethel Matthews Rust, Ethel Matthews Rust as the Guardian/Trustee for Elizabeth Matthews, and Rosalie Matthews Sullivan

In this appeal from a declaratory judgment, we must construe a 1993 contract to determine the allocation of royalties from a horizontal well that begins on the property of the appellant, Springer Ranch, Ltd., but ends under the property of Rosalie Matthews Sullivan, one of the appellees. Our construction will also govern the allocation of royalties to future horizontal wells covered by the contrac

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Paul Tibbetts v. Sight 'N Sound Appliance Center, Inc.

¶ 1 We decide here if the trial judge erred in awarding $375,000.00 in attorney fees to plaintiffs/appellees in their class action suit brought against defendant/appellant, Sight `n Sound Appliance Centers, Inc., d/b/a Sight `n Sound & Cost Warehouse under the Oklahoma Consumer Protection Act (OCPA), 15 O.S.1991, § 751 et seq., as amended.1 We hold the trial judge erred, and the Court of Civil

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