Res Ipsa Loquitur Law
 
Frontier Logistics, L.P., FLPCW, L.P., George Cook, Glenn Wiseman, James Madler and Christy Fulton v. National Property Holdings, L.P., Michael Plank and Russell Plank

A real estate developer sued two individuals and a limited partnership asserting various claims. The defendants filed third-party claims against various third-party defendants seeking defense and indemnity based upon an agreement to

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1 We deny the appellees’ motion for rehearing and the appellants’ motion for rehearing. We withdraw the opinion issued

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The Peterson Group, Inc., PGI Development Group, LP, and Wellington Yu v. PLTQ Lotus Group, L.P. and Cubo Group, L.L.C.

This is an appeal from a judgment after a jury trial in a case arising from two real estate transactions. Appellants Peterson Group, Inc., PGI Development, L.P., and Wellington Yu sued appellees PLTQ Lotus Group, L.P. and Cubo Group,

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L.L.C. (collectively, “PLTQ”) for money due under a purchase agreement and a real estate development agreement. PLTQ countersued for breach of the

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Kent Eric LeBere v. James Abbott

Kent LeBere is serving a 60-year term of imprisonment imposed by a Colorado
court as a result of his conviction for second-degree murder and second-degree arson. In
his 28 U.S.C. § 2254 petition for habeas relief, he contends the State relied on perjured
testimony and withheld potentially exculpatory evidence material to his defense in
violation of Brady v. Maryland, 373 U.S. 83 (

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Brenayder C. Williams v. Milwaukee Health Services, Inc.

The plaintiff, proceeding pro se, has sued her former employer, a private recipient of federal funding, charging that it violated the Rehabilitation Act of 1973, 29 U.S.C. § 794, by requiring her to complete certain duties as a dental assistant that she was incapable of performing because of an unspecified disability that limits her strength and mobility, and then firing her because of her disabi

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John W. Mullin, II v. Temco Machinery, Inc.

John Mullin, II, brought suit alleging that he was fired because of his age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. He was an employee with an allegedly less than sterling performance as a follower of corporate policy. He was also the oldest—and most profitable— salesman for a company that sells fire trucks and other

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Shafaii Children's Trust and Party and Reception Center, Inc. v. West American Insurance Company, Liberty Mutual Insurance Company, Ohio Casualty Insurance Company and America First Insurance Company

Appellant, Shafaii Children‘s Trust and Party and Reception Center, Inc., appeals the trial court‘s summary judgment in favor of appellees, West American Insurance Company, Liberty Mutual Insurance Company, Ohio Casualty Insurance Company, and America First Insurance Company, on its claims for breach of contract and fraud. We affirm.

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I. BACKGROUND

Shafaii is the named in

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Building Products Plus Co. L. C. v. Tamko Building Products, Inc.

Appellant Building Products Plus, Co., L.C. (BPP) appeals from the trial court’s take-nothing judgment in this breach of warranty suit against appellee TAMKO Building Products, Inc. In three issues BPP contends that the trial court

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erred in granting TAMKO’s motion for judgment n.o.v. BPP also raises three issues addressing TAMKO’s alternative reasons for affirming the tri

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Valle Del Sol, Inc. v. State of Arizona

Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona.1 The

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1 We use the term “unauthorized aliens” to refer to aliens who have entered or are present in the United States in violation of federal immigration law. This is the same convention

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Brandon Andrew v. Elisa Depani-Sparkes, D.O.

Brandon Andrew and Danielle Edwards, individually and as parents and next friends of Briana Andrew sued Elisa Depani-Sparkes, D.O.; The Physician Group, P.L.L.C. a/k/a Occo Healthcare Network; Mercy Health Center, Inc. d/b/a Mercy Health Center; Integris Health, Inc.; and Integris Ambulatory Care Corporation a/b/a Integris Family Care Edmond on medical negligence (medical malpractice) theories cla

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Emil Conway v. James Carter

There was a cross-complaint by the defendant surety, alleging that deceased administrator died seized of real estate, and praying that the court order the sale of the same, apply proceeds to payment of the debts of plaintiff and other creditors, and that suit on bond be stayed pending such proceedings. Held, no bar to plaintiffs' recovery upon the pleadings notwithstanding the cross-complaint.

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Timothy Michael Frazin v. Haynes & Boone, L.L.P.

Timothy Frazin appeals the judgment of the district court affirming the final judgment entered by the bankruptcy court on certain state-law counterclaims that Frazin filed against the Appellees, attorneys who were authorized by the bankruptcy court to represent Frazin in a separate lawsuit. Frazin argues that the bankruptcy court lacked the authority to enter a final judgment on these claims in li

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Thomas A. Atwater v. Mitchell D. Chester

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa

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City of McKinney v. Hank's Restaurant Group, L.P.

This is an interlocutory appeal from the trial court’s order denying pleas to the jurisdiction filed by appellant City of McKinney, Texas. We affirm in part and reverse in part.

I. BACKGROUND

A. Summary of the allegations

Appellee Hank’s Restaurant Group, L.P. (HRG) operates a restaurant and live-music venue in McKinney, Texas, named Hank’s Texas Grill. According to HRG,

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Rock River Communications, Inc. v. Universal Music Group, Inc.

This case concerns the licensing rights for several early musical recordings by reggae legends Bob Marley and the Wailers. When the music was initially recorded in Jamaica in the 1960s, record keeping was not a primary concern. The absence of legal documentation has led to confusion in the marketplace as to which entities own licensing rights for these recordings.

Defendants Universal Mus

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Physicians Liability Insurance Company v. Russell Gornichec, M.D.

Physicians Liability Insurance Company sued Russell Gornichec, M.D. on a breach of contract theory claiming:

1. PLICO is a licensed insurer doing business in the State of Oklahoma.

2. On information and belief, Gomichec is a resident of Cleveland County, Oklahoma.

3. On or about June 16, 2004, Gornichec submitted a Supplemental Application to PLICO for professional liability i

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Danford Maintenance Service, Inc. v. The Dow Chemical Company, a Delaware Corporation

In eight issues, Danford Maintenance Service, Inc. contends the trial court erred by granting summary judgment against Danford on its quantum-meruit and breach-of-contract claims against The DOW Chemical Company, a Delaware Corporation. We affirm.

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I. BACKGROUND

DOW is a chemical company which maintains a facility in Freeport, Texas, called “Texas Operations – TXO” (“

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Stanley Bacon, Jr. v. Texas Historical Commission

Although the heroism and sacrifice of forebears are never far from the minds of her citizenry, Texas has nonetheless accorded special emphasis to certain of these persons and their deeds through the placement of thousands of state government-approved historical markers, known today as “Official Texas Historical Markers.” While these markers can vary somewhat in appearance, they uniformly conve

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Gary Jones and Carolyn Jones v. Pesak Brothers Construction, Inc.

When their newly-constructed house showed signs of foundation distress, Gary and Carolyn Jones sued their builder, Pesak Brothers Construction Company (Pesak Brothers), for breach of a construction contract, express and implied warranties, negligent construction of the home, and for violations of the Texas

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Deceptive Trade Practices Act. After a jury trial on the Joneses’ claims,

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Alvin Walker v. R.J. Reynolds Tobacco Company

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t

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Bushco v. Mark Shurtleff

Plaintiffs-Appellants—Bushco Corp; Companions, L.L.C.; and TT II, Inc. (“Appellants”)—are escort services licensed as sexually oriented businesses. Defendant-Appellee is the Attorney General of the State of Utah (“Attorney General”).1

Appellants brought a lawsuit in federal district court for the district of Utah, seeking declaratory and injunctive relief. They claimed that cer

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Delbert Ingram v. Hashib D. Faruque, M.D.

Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons

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Farrell-Cooper Mining Company v. U.S. Department of the Interior

Plaintiff-Appellant Farrell-Cooper Mining Company (“Farrell-Cooper”) and Defendant-Appellant Oklahoma Department of Mines (“ODM”) appeal the district court’s dismissal of their claims for declaratory and injunctive relief against the Department of Interior; the Secretary of the Interior; the Office of Surface Mining, Reclamation and Enforcement (“OSMRE”); and the Director of OSMRE (c

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Kimberly Martin-Bragg v. Ivan Rene Moore

Ivan Rene Moore appeals in pro. per. from the superior court’s judgment following trial on the unlawful detainer complaint of Kimberly Martin-Bragg seeking forfeiture of a lease and possession of a property. The judgment, entered January 23, 2012, awarded Martin-Bragg possession of the disputed property, along with rent of $50,068.34 and rental damages of $57,220.96 for the period from May 1, 20

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Donald W. Sowell v. International Interests, LP

In this case we address an issue of apparent first impression in Texas: whether an action brought against a guarantor of payment to recover a deficiency after a non-judicial foreclosure is barred by the four-year statute of limitations in section 16.004 of the Texas Practices and Remedies Code if the action is filed more than four years after the claim on the guaranty accrued but less than two yea

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John Harrison v. The University of Texas Health Science Center at Houston

Appellant, John Harrison, challenges the trial court’s order granting the plea to the jurisdiction of appellee, University of Texas Health Science Center at Houston (“UTHSCH”), in his suit against UTHSCH and others for medical

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malpractice. In his sole issue, Harrison contends that the trial court erred in granting UTHSCH’s plea and denying him the opportunity to replead

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