Res Ipsa Loquitur Law
 
Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

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counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r

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TREIMee Corp. d/b/a Park on Westview Apts and Park on Westview Apartments, LP v. Armando Garcia

In this premises liability case, appellants, TREIMee Corp. d/b/a Park on Westview Apts (“TREIMee”) and Park on Westview Apartments, LP (“Park on Westview”), appeal from the trial court’s judgment rendered on the jury verdict in

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favor of appellee, Armando Garcia, for injuries sustained when he fell through a collapsed concrete platform on an outside stairway of an apartmen

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City of Houston v. BCCA Appeal Group, Inc.

The present dispute requires us to determine the constitutionality of a home-rule city’s ordinance which purports to regulate air pollution within that city’s

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borders. The BCCA1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollution control ordinan

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Edward Baldridge v. Chuck Brauner

We originally issued our opinion and judgment in this appeal on June 27, 2013. Appellant Edward Baldridge has moved for en banc reconsideration. We

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withdraw our previous opinion and judgment, and issue this opinion and a new judgment in its place. We dismiss the motion for en banc reconsideration as moot.1

After Edward Baldridge’s employment was terminated by Spring Branch

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Helen Hatchett v. W2X, Inc.

¶ 1 This appeal arises from the November 1, 2010 order entered by the circuit court of Cook County, which granted a directed finding against the plaintiff, Helen Hatchett (Helen), and in favor of the defendants, Avalon Betts-Gaston (Attorney Gaston)1 and The Bank of New York Mellon Trust Company (BONY), and which entered a default judgment against Warren Jackson (Jackson)2 and in favor of Helen i

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National Credit Union Administrative Board v. Nomura Home Equity Loan, Inc.

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and

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Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa

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United States of America v. Q2Administrators, LLC

Relator Thomas M. Zizic, M.D. (“Zizic”) filed this qui tam1

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1 The term “qui tam” is an abbreviation of the phrase “‘qui tam pro domino rege quam pro se ipso in hac parte sequitur,’ which means ‘who pursues this action on our Lord the King’s behalf as well as his own.’” United States ex rel. Atkinson v. Pa. Shipbuilding Co., 473 F.3d 506, 509 n.1 (

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Wolf Hollow I, L.P. v. El Paso Marketing, L.P. and Enterprise Texas Pipeline, LLC

Wolf Hollow I, L.P. appeals from a final judgment granted in favor of El Paso Marketing, L.P. and Enterprise Texas Pipeline, LLC. On remand from the Texas Supreme Court, our review is limited to deciding whether Wolf Hollow is entitled to replacement-power damages in its claims against El Paso. The trial court ordered that Wolf Hollow take nothing on these claims. Finding error in

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Joe Ella Wells v. Carolyn W. Colvin

In a social security disability or Supplemental Security Income (SSI) case, an administrative law judge (ALJ) must evaluate the effect of a claimant’s mental impairments on her ability to work using a “special technique” prescribed by the Commissioner’s regulations. 20 C.F.R. §§ 404.1520a(b)-(d), 416.920a(b)-(d). At step two of the Commissioner’s five-step analysis,1 this special techn

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Jennifer Pratt v. Joseph Petelin, M.D.

Mrs. Jennifer Pratt sued Joseph Petelin, M.D. for medical negligence. The district court submitted four factual theories of negligence to the jury, which returned a general verdict against Dr. Petelin in the amount of $153,000. Dr. Petelin appeals, claiming three of the four factual contentions submitted to the jury were unsupported by sufficient evidence. We hold that Dr. Petelin waived this argu

More...   $153000 (08-20-2013 - KS)

Compass Bank v. Manchester Platinum Management, Inc. et al

This is an appeal from a summary judgment in a deficiency action. Compass Bank brings two issues contending the trial court erred in denying its motion for summary judgment and granting appellees’ motion for summary judgment because appellees waived their right to a fair market value offset against the deficiency owed. Because we conclude that appellees contractually waived their right to an off

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Jason Priest v. Blue Dolphin Production, LLC

Jason Priest and Ryan Priest sued Blue Dolphin Production, LLC, Dlue Dolphin Energy, LLC; Jet Well Service Co., Merle Davis, American Safety Services, Inc. a/k/a ASSI, Renco Tool Co., Inc. and Halliburton Company on negligence theories claiming:

1. Plaintiff, Jason Priest, is an individual whose resides in the State of Oklahoma.

2. Plaintiff, Ryan Priest, is an individual whose resid

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American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. v. John D. Cooper, Sr.

American Eagle Title Insurance Company and Lawyers Title of Oklahoma City, Inc. sued John D. Cooper, Sr. claiming:

1. AETIC is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

2. Lawyers Title is an Oklahoma corporation doing business in Oklahoma County, Oklahoma.

3. Cooper is the holder of a mortgage on real property located in Oklahoma County, Oklah

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Megan D. McCafferty v. Preiss Enterprises, Inc.

Megan McCafferty appeals from the district court’s grant of summary judgment in favor of Preiss Enterprises, Inc. d/b/a McDonald’s (“Preiss”) and Jacob Peterson. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

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In February 2007, McCafferty submitted an employment application to Preiss, * This order and judgment is not binding precedent, except under the doctr

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Harold M. Nyanjom v. Hawker Beechcraft, Inc.

Harold M. Nyanjom filed the instant employment discrimination suit against his former employer, Hawker Beechcraft, Inc (“Hawker”). Shortly

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*This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 an

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Renee M. Korban v. Boostpower, USA

Plaintiff Renee M. Korban, the personal representative of the Estate of Thomas Shelby Morris, Deceased, appeals from the grant of summary judgment in favor of defendant Boostpower U.S.A., Incorporated (Boostpower) in this products liability suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

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* After examining the briefs and appellate record, th

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In the Estate of Ruby Renee Byrom, Deceased

Jerry Byrom appeals from the county court’s order for the sale of real property and appointment of a receiver. In one issue, he contends the county court erred in imposing a constructive trust on his homestead property and ordering its sale to pay guardian’s fees, accounting fees, attorney’s fees, and the interest thereon. We affirm.

BACKGROUND1

Jerry Byrom was appointed execut

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Maneese Wall v. Phillip M. Orr, Jr.

This is an appeal from a summary judgment granted on the grounds of res judicata or collateral estoppel. Maneese Wall sued Phillip M. Orr, Jr., as Trustee of the Orr Family Trust for debt and breach of fiduciary duty alleging Orr did not pay her a distribution in the same manner as paid to other contingent beneficiaries. Orr’s answer, among other things, raised the defenses of res judicata and c

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Richard King v. Deutsche Bank National Trust Co., as Trustee for Asset-Backed Pass-Through

Richard King challenges the summary judgment granted in favor of Deutsche Bank National Trust Company, as the Trustee for Asset-Backed Pass-Through Certificates, series 2004-W5 (“the Bank”). We affirm the judgment of the trial court.

BACKGROUND

On January 28, 2004, King obtained a home-equity loan secured by real property commonly known as 13722 Hunter Moss, San Antonio, Texa

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Samuel Jones v. Norman Regional Hospital

Samuel Jones sued Norman Regional Hospital and Stephanie Barnhart, D.O. on medical negligence theories claiming:

1. On or about August 12, 2010, Sam Jones presented to Norman Regional Hospital ER with a laceration to his right buttock. The wound was stitched and stapled by Stephanie Barnhart, DO., the attending physician, and assisted by staff. An x-ray was performed to rule out any forei

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Webb County v. Khaledi Properties, Ltd.

Webb County appeals the trial court’s order denying its plea to the jurisdiction in Khaledi Properties, Ltd.’s suit for specific performance of a contract for the sale of real estate. We hold that Webb County did not waive its immunity from suit, either by contract or by its conduct. We therefore reverse the trial court’s order denying Webb County’s plea to the jurisdiction and render judg

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IN THE MATTER OF J.P.M.

J.P.M. appeals an order removing him from the custody of the Texas Juvenile Justice Department (TJJD) and transferring him to the Texas Department of Criminal Justice (TDCJ). See TEX. FAM. CODE ANN. § 56.01 (c)(2) (West 2008 & Supp. 2012) (appeal may be taken from order transferring custody of juvenile to TDCJ). He contends the order violates his rights under the Eighth Amendment. We affirm.
<

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Kelly L. Kilpatrick v. Timothy S. Kilpatrick and Kevin K. Kilpatrick

In one issue, Appellant Kelly L. Kilpatrick appeals the trial court’s summary judgment for Appellees Timothy (Tim) S. Kilpatrick and Kevin K. Kilpatrick. We affirm. 1See Tex. R. App. P. 47.4.

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II. Background

In 1997, Kelly sold his shares in Pescor, a closely held, family-run business, to his brothers, Tim and Kevin (the 1997 Sale). As part of the sale, Kelly signed a

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James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr

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State Farm General Insurance Company v. Workers' Compensation Appeals Board

Labor Code section 5950 provides that any person aggrieved by a final order, decision, or award of the Workers' Compensation Appeals Board (WCAB) may, within the prescribed time limit, apply to the Court of Appeal for a writ of review. Appellate review is limited to final orders that affect a substantial right or liability of a party. (Duncan v. Workers' Comp. Appeals Bd. (2008) 166 Cal.App.4th 29

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