Res Ipsa Loquitur Law
 
MBM Financial Corporation v. The Woodlands Operating Company, L.P.

Since Jarndyce v. Jarndyce,1 there have been charges that some cases benefit the lawyers more than the clients. But suits cannot be maintained solely for the attorney's fees; a client must gain something before attorney's fees can be awarded. While making losing parties bear their own attorney's fees may add injury to insult, the American Rule has long been that each party pays its own lawyers.

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Derek Kitchen v. Gary R. Herbert

The Plaintiffs in this lawsuit are three gay and lesbian couples who wish to marry, but are currently unable to do so because the Utah Constitution prohibits same-sex marriage. The Plaintiffs argue that this prohibition infringes their rights to due process and equal protection under the Fourteenth Amendment of the United States Constitution. The State of Utah defends its laws and maintains that a

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VISTA POINT PROPERTIES et al., Plaintiffs, Cross-defendants and Appellants, v. ARTHUR SIMONEAU et al., Defendants, Cross-complainants and Respondents; SANTA MONICA MOUNTAIN PROPERTIES et al., Cross-defendants and Appellants.

In this quiet title action, the trial court determined that appellants Vista Point Properties, LLC (Vista Point), Haynes, LLC (Haynes), Santa Monica Mountain Properties, LLC (Santa Monica) and Saddle Peak Properties, LLC (Saddle Peak) had no rights to certain easements for ingress and egress over property owned by Arthur Simoneau and Jill Ajioka (Simoneau or Simoneau Property).1 We affirm the judg

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Smith v. Williamson

¶1 Nina Pearl Ansley Williamson, defendant in error, plaintiff below, on the 7th day of November, 1947, filed an application to terminate a trust estate theretofore created on November 14, 1929, in a certain divorce action, wherein Willie Ansley was plaintiff and Henry Ray Ansley and Nina Pearl Ansley Williamson were defendants. Carter Smith, administrator of the estate of Henry Ray Ansley, decea

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State of Oklahoma v. Payam Andrew Ghanei

The State of Oklahoma charged Payam Andrew Ghanei with:

Count # 1.
Count as Filed: DU8I, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 01/27/2012

Party Name: Disposition Information:

GHANEI, PAYAM ANDREW
(After Prior Convictions)
Disposed: CONVICTION, 04/27/2012. Guilty Plea.
Count as Disposed:UNLAWFUL

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Adolfo Cuevas v. The People

This case concerns the law of asset forfeiture and, more particularly, the procedures regarding forfeiture of property connected with unlawful drug activity, as governed by sections 11470 through 11489 of the Health and Safety Code. The questions presented are (1) may a policing agency rather than a prosecuting agency initiate these forfeiture proceedings; and (2) is substantial compliance or some

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Andrea A. Crowson v. Thomas D. Crowson, Jr.; Barrett and Coble, Attorneys at Law; John Barrett; and Kathleen Debra Coble

Andrea A. Crowson appeals the trial court’s final decree of divorce awarding custody and visitation and dividing the marital estate pursuant to the terms of a mediated settlement agreement (the MSA). In five issues, Andrea1 challenges the trial court’s enforcement of the MSA.

For the reasons that follow, we affirm the trial court’s final decree of divorce.2

1 We refer to the pa

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Brian Conley v. Warren Properties, Inc.

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corporation th

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State of Oklahoma v. Samson Joseph Moore

The State of Oklahoma charged Samson Joseph Moore with:

Count # 1.
Count as Filed: LA4, POSSESSION OF STOLEN VEHICLE , in violation of 47 O.S. 4-103
Date Of Offense: 01/11/2012

Party Name: Disposition Information:

MOORE, SAMSON JOESPH
Disposed: DEFERRED, 04/09/2012. Guilty Plea.
Count as Disposed:Possession Of Stolen Vehicle - Not Entitled to Posse

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United States ex rel. Steven May v. Purdue Pharma, L.P.

Appellants Steven May and Angela Radcliffe brought this action under the False Claims Act, 31 U.S.C. §§ 3729-33 (the “FCA”), against Purdue Pharma L.P. and Purdue Pharma, Inc. (together, “Purdue”). Giving preclusive effect to this court’s decision in United States ex rel. Radcliffe v. Purdue Pharma L.P., 600 F.3d 319 (4th Cir. 2010), the district court dismissed the action on res judic

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Kortina Givens v. Integris Baptist Medical Center

Kortina Givens, as Representative of the Estate of Melvina Givens, deceased, sued Integris Baptist Medical Center claiming:

I.

This action is filed pursuant to 12 OS § 100 as a refihing of Case No. CJ-2009-8620 that was dismissed by Plaintiff without prejudice on October 28, 2010.

II.

Defendant, Integris Baptist Medical Center, is a domestic not-for-profit hospital lic

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Matthew E. Taylor v. Eloisa Maria Taylor

Eloisa Taylor appeals from a decision of the Bankruptcy Appellate Panel of the Tenth Circuit (“BAP”) affirming a decision of the United States Bankruptcy Court for the District of New Mexico. The bankruptcy court granted summary judgment in favor of Eloisa’s former spouse, Matthew Taylor. The bankruptcy court determined that a $50,660.59 debt Eloisa owed to Matthew for overpayment of spousal

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State of Oklahoma v. Dujuan Everett Atkins

The State of Oklahoma charged Dujuan Everett Atkins with:

Count # 1.
Count as Filed: ODO, UNLAWFUL POSSESSION OF CONTROLLED DRUG WITH INTENT TO DISTRIBUTE , in violation of 63 O.S. 2-401 B 2
Date Of Offense: 01/12/2012

Party Name: Disposition Information:

ATKINS, DUJUAN EVERETT
Disposed: CONVICTION, 02/13/2012. Guilty Plea.
Count as Disposed:UNLAWF

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State of Oklahoma v. Laurie Gayle Hickey

The State of Oklahoma charged Laurie Gayle Hickey with:

Count # 1.
Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY WITH A DANGEROUS WEAPON , in violation of 21 O.S. 644 D 1
Date Of Offense: 01/15/2012

Party Name: Disposition Information:

HICKEY, LAURIE GAYLE
Disposed: DISMISSED, 02/16/2012. Dismissed- Prosecution Witness Failed to Appear.
Count a

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Heather Edwards v. Broadwater Casitas Care Center

Plaintiff, Heather Edwards, has appealed cost and attorney’s fee awards imposed by the trial court against her following the unsuccessful arbitration of her employment discrimination claim. She argues the trial court exceeded its jurisdiction in awarding costs and attorney’s fees to defendants, Broadwater Casitas Care Center, LLC and Nathan Ure. Defendants have moved to dismiss plaintiff’s a

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State of Oklahoma v. Jentri Lynn Croley and Jeremy Wayne Olson

The State of Oklahoma charged Jentri Lynn Croley and Jeremy Wayne Olson with:

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE , in violation of 21 O.S. 1435
Date Of Offense: 01/12/2012

Party Name: Disposition Information:

CROLEY, JENTRI LYNN
Disposed: DEFERRED, 02/16/2012. Guilty Plea.
Count as Disposed:BURGLARY - SECOND DEGREE (BRG2)

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State of Oklahoma v. Zenita Lashey Alston

The State of Oklahoma charged Zenita Lashey Alston with:

Count # 1.
Count as Filed: FORG, UTTERING FORGED INSTRUMENT , in violation of 21 O.S. 1592
Date Of Offense: 12/28/2011

Party Name: Disposition Information:

ALSTON, ZENITA LASHEY
Disposed: DEFERRED, 08/13/2012. Guilty Plea.
Count as Disposed:UTTERING FORGED INSTRUMENT (FORG)
Violation of 2

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VIA Metropolitan Transit Authority v. Jose Barraza and Ruben Barraza

After a jury trial, the trial court entered judgment in favor of appellees Jose Barraza and Ruben Barraza, who filed suit against appellant VIA Metropolitan Transit Authority (“VIA”) and others alleging negligence. VIA appeals, contending: (1) the trial court lacked subject-matter jurisdiction over the case; (2) the evidence is legally and factually insufficient to support the jury’s damage

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David M. Evans v. Shoshone-Bannock Land Use Policy Commission

In this appeal, we consider whether the Shoshone- Bannock Tribes plausibly have the authority to regulate the land use of David Evans, a nonmember of the Tribes, who owns land in fee simple within the Fort Hall Reservation.1 Acknowledging the general rule that tribes may not regulate nonmember conduct on such “non-Indian fee land,” the district court nevertheless held that the Tribes had a pla

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Felicita Del Carmen Canas as Next Friend of Yenifer Estefani Canas Escobar, Javier Enrique Canas Escobar and Beatriz Abigail Del Carmen Canas, Minors v. CenterPoint Energy Resources Corp

This is an appeal from a summary judgment in a wrongful-death action in which the decedent’s children asserted claims against a natural gas provider based upon negligence, negligence per se, strict liability, gross negligence, negligent misrepresentation, and intentional misrepresentation. The trial court dismissed all

2

claims. On appeal, the three-member panel of this court is fr

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Richard Owen Taylor v. Dawn Grounds, et al.

While imprisoned in the Texas Department of Criminal Justice Correctional Institutions Division (TDCJ-CID), Telford Unit, Richard Owen Taylor failed a prison-administered drug test. As a result, the TDCJ demoted his prisoner status and forfeited his good time credit. Taylor filed a suit for damages against several employees of the TDCJ, his appointed counsel, and two John Does. Taylor’s original

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State of Oklahoma v. Cody Everett-Jessie Bailey

The State of Oklahoma charged Cody Everett-Jessie Bailey with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 12/18/2011

Party Name: Disposition Information:

BAILEY, CODY EVERETT- JESSIE
Disposed: DEFERRED, 05/01/2012. Guilty Plea.
Count as Disposed:ASSAULT & BATTERY UPON A P

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Bob Crozier v. Stanley Wint

Bob D. Crozier and Karen K. Crozier sued Stanley L. Wint to recover $82,653 on a promissory note. The district court granted summary judgment to Wint. The Croziers appeal, arguing the transaction was not secured, was not a consumer transaction, and was within a de minimis exception to Missouri’s no notice-no deficiency rule. Having jurisdiction under 28 U.S.C. § 1291, this court reverses and re

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State of Oklahoma v. Shilo McHargue

The State of Oklahoma charged Shilo McHargue with:

Count # 1.
Count as Filed: BRG1, BURGLARY - FIRST DEGREE , in violation of 21 O.S. 1431
Date Of Offense: 12/15/2011

Party Name: Disposition Information:

MCHARGUE, SHILO
Disposed: CONVICTION, 09/26/2012. Guilty Plea.
Count as Disposed:BURGLARY - SECOND DEGREE (BRG2)
Violation of 21 O.S. 1435

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ARBUCKLE SIMPSON AQUIFER PROTECTION FEDERATION OF OKLAHOMA, INC., Petitioner, v. THE OKLAHOMA WATER RESOURCES BOARD, J.D. STRONG, EMILY MEAZELL, FORD DRUMMOND, LINDA LAMBERT, TOM BUCHANAN, BON DRAKE, ED FITE, MARILYN FEAVER, RUDOLF JOHN HERMANN, JASON HITCH, and RICHARD SEVENOAKS, Respondents.

¶1 The proceedings in question concern the Arbuckle Simpson Aquifer Maximum Annual Yield (MAY) determination, made by OWRB on March 13, 2012. Pursuant to 82 O.S. 2011 § 1020.6, once the OWRB has set a tentative maximum annual yield for a groundwater basin or subbasin, it is required to call and hold hearings at centrally located places where any interested parties shall have the right to present

More...   $0 (11-28-2013 - )

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AK Morlan
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