Res Ipsa Loquitur Law
 
In the Interest of D.N. and D.N., children

Appellant, Martha, appeals the trial court‘s order terminating her parental rights to her two daughters, D.N. and D.N. On appeal, Martha contends the evidence is insufficient to support the trial court‘s order of termination. We will reverse.

Factual and Procedural History

Emergency Removal and First Petition for Termination In February 2010, the Spearman Police Department was al

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Lafayette Escadrille, Inc. v. City Credit Union

Appellant Lafayette Escadrille, Inc. appeals a summary judgment granted in favor of City Credit Union (CCU) on its claim for wrongful termination of a contract. In five issues, Lafayette generally contends the trial court erred in granting CCU’s motion for summary judgment because the claim was not barred by a prior suit. For the following reasons, we affirm the trial court’s judgment.

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Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect

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Todd Kurtin v. Bruce Elieff

We affirm the trial court‟s judgment holding defendant Bruce Elieff liable for misstating his authority to bind a group of real estate businesses known as the “Joint Entities” in the course of agreeing to buy out his former partner, plaintiff Todd Kurtin. We affirm the trial court‟s posttrial order denying Elieff‟s motion for judgment notwithstanding the verdict. And we affirm the trial

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City of West Palm Beach, Florida v. Terance Emmanuel Chatman

The issue presented for our review is whether a municipal ordinance criminalizing “loitering with intent to commit prostitution” is facially unconstitutional. We find that the ordinance is overbroad and vague, and as such, we affirm the trial court which correctly found this ordinance unconstitutional.

Appellee was charged with violating the City of West Palm Beach ordinance regarding

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Jose J. Loera, Jr. v. United States of America

The petitioner, Jose Loera, asks us to set aside his conviction on the ground that his trial lawyer had been ineffective. See 28 U.S.C. § 2255. Loera had been indicted back in 2005 on drug charges. In response to a motion to suppress, the judge had forbidden the government to offer evidence of what the petitioner had told DEA agents after he allegedly asked for a lawyer. After repeated continuanc

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Federal Trade Commission v. Meggie Chapman

This appeal arises from a bench trial in which the district court found that Appellant Meggie Chapman violated the “assisting and facilitating” provision of the Telemarketing Sales Rule, 16 C.F.R. § 310.3(b).

The underlying consumer protection action was brought by the Federal Trade Commission and four states against several individual and corporate defendants who marketed and sold to

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Carole Elisabeth Burris v. Odis D. Smith

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

2. Defendant Odis D. Smith, Otis D. Smith, Odis Smith and/or / a/Ic/a Otis Smith (hereinafter 0. Smith) was at all material times upon information and belief a resident of Crawford County, Arkansas at all material times.

3. Defendant Nancy Smith was at all material times upon information and belief a

More...   $1 (05-03-2013 - OK)

James & Elizabeth Carlson, Et Al v. City of Houston

Appellants James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola,

2

and Manny Espinola (Homeowners) appeal from an order granting the City of Houston‘s plea to the jurisdiction. We reverse and remand for proceedings consistent w

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Frank Chalfant v. Brookdale Senior Living Communities, Inc.

Appellant, Frank Chalfant, challenges the trial court’s dismissal of his health

2

care liability claim1 against appellees, Brookdale Senior Living Communities, Inc. (“Brookdale”) and ARC Post Oak, L.P., doing business as The Hampton at Post Oak (“ARC”), for negligence. In four issues, Chalfant contends that the trial court erred in granting Brookdale and ARC’s motion to d

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R. Dean Anglin v. Norman Regional Hospital

Plaintiff, the Estate of Charles Henry Alinger, deceased, by and through its duly appointed Administrator, R. Dean Anglin (“Plaintiff’), for its cause of action against the above- named Defendants, alleges and states as follows:

JURISDICTION AND VENUE

1. Plaintiff is the authorized Administrator of the Estate of Charles Henry Alinger,
deceased (“Decedent”), pursuant t

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District of Columbia v. Heller

We consider whether a District of Columbia prohibition on the possession of usable handguns in the home violates the Second Amendment to the Constitution.

I The District of Columbia generally prohibits the possession of handguns. It is a crime to carry an unregistered firearm, and the registration of handguns is prohibited. See D. C. Code §§7–2501.01(12), 7–2502.01(a), 7– 2502.02(a)

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Jonathan C. McIntosh v. David Partridge, M.D.

Jonathon C. McIntosh, D.D.S. appeals the trial court’s judgment dismissing his case for want of prosecution. McIntosh presents one issue, asserting that the trial court “reversibly erred when it dismissed [his] cause of action with prejudice.”

We affirm the judgment as modified.

Background

McIntosh was the Director of Dentistry for the residents of the Richmond Sta

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Frank Chalfant v. Brookdale Senior Living Communities, Inc.

Appellant, Frank Chalfant, challenges the trial court’s dismissal of his health

2

care liability claim against appellees, Brookdale Senior Living Communities, Inc. (“Brookdale”) and ARC Post Oak, L.P., doing business as The Hampton at Post Oak (“ARC”), for negligence. In four issues, Chalfant contends that the trial court erred in granting Brookdale and ARC’s motion to di

More...   $0 (04-25-2013 - TX)

Michael Sylvain v. Attorney General of the United States

Statutory language is important. It takes on added significance when a person‘s freedom is at stake. Under the Immigration and Nationality Act, immigration offi-cials ―shall take into custody any‖ deportable alien who has committed various crimes ―when the alien is re-leased‖ from detention for those crimes. 8 U.S.C. § 1226(c)(1). The Act requires officials to hold such aliens without a

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Becky White v. Westview Living Center

Becky White on behalf of and as Legal Guardian for M.D., a mentally incapacited person, sued Westview Living Center; WVL I. P.P, WVL I, LLC, Westview Living Centers, LLC; Westview Living sCenters, LP; GMGP, Inc.; Marty Machtloff, indeividually and as R.N. Consultant for Westview Living Center; Sandra Adkins, R.N. Consultant for Westview Living Center; Gerald Duehning Corporate Compliance Officer f

More...   $1 (04-18-2013 - OK)

United States of America v. Alvin Whitlow

Alvin Whitlow, a convicted sex offender, moved from the District of Columbia to Massachusetts in 2009 without complying with the Sex Offender Registration and Notification Act (SORNA or the Act), 42 U.S.C. §§ 16901-16962. He was then arrested and indicted for violating 18 U.S.C. § 2250(a), which criminalizes a knowing failure to abide by SORNA's registration requirements. Whitlow pled guilty, b

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Betty Lou Bradshaw v. Peter G. Bennis

This is an appeal from the trial court’s judgment releasing interpleaded funds to Peter G. Bennis and Cleburne Bible Church (CBC). We affirm.

Background

A detailed description of the history of the underlying trial court case preceding this interpleader action may be found in Bradshaw v. Steadfast

___________________

1See Tex. R. App. P. 47.4.

2

Financia

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Fain Family First Limited Partnership v. EOG Resources, Inc.

In five issues, Appellants Fain Family First Limited Partnership and Fain Family Management Corporation (collectively, FFFLP) appeal the trial court‘s

__________________

1See Tex. R. App. P. 47.4.

2

summary judgment for Appellee EOG Resources, Inc. We affirm in part and reverse and remand in part.

II. Background

In 2004, FFFLP and EOG entered into a ―p

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Donita Odutayo d/b/a Samaritan Park & Rider, LLC v. City of Houston

Appellant, Bonita Odutayo, doing business as Samaritan Park & Ride, L.L.C. (“Samaritan”), challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Houston (“the City”), in her suit against the

2

City for declaratory relief, injunctive relief, and violations of the Equal Protection Clause1 and the Due Process Clause2 of the Texas Cons

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Penny Morris v. Pliva, Inc.

Appellants Penny and John Morris sued Appellees PLIVA, TEVA, and Actavis—generic drug manufacturers—for injuries related to use of the drug metoclopramide (brand-name Reglan). This case is yet another in the expanding cohort controlled by PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which held state law claims against generic manufacturers of Reglan preempted by FDA regulations. See also De

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Danielle Helms v. Max H. Rudicel, M.D.

Danielle Helms filed a lawsuit in Delaware Circuit Court (hereinafter “trial court”) against Dr. Max Rudicel, the Open Door Health Clinic (“the Clinic”), Cardinal Health Systems d/b/a Ball Memorial Hospital (“BMH”), Nurse Practitioner Anna Steinbarger, and Emergency Physicians of Delaware County for malpractice related to treatment she received during her pregnancy. The Defendants file

More...   $0 (04-09-2013 - IN)

State Farm Fire & Casualty Company v. Joesph Martin Radcliff

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s

More...   $14500000 (04-13-2013 - IN)

TWI XVII, Inc. v. Christopher S. Carroll Number 1, Ltd.

Appellants TWI and Texas Wings appeal the trial court‘s judgment awarding Christopher S. Carroll Number 1, Ltd. (Carroll) $869,950 for TWI‘s breach of a lease between it and Carroll. We affirm.

Background Facts

In June 1998, Carroll and TWI entered into a lease agreement for property in Lewisville, Texas, where TWI planned to operate a Hooters restaurant. TWI operated the res

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Douglas K. McDaniel v. Wells Fargo Investment, LLC

We must decide whether federal securities law preempts the enforcement of California’s forced-patronage statute against brokerage houses that forbid their employees from opening outside trading accounts.

I

A

Federal law requires brokerage firms to take measures reasonably designed to prevent their employees from misusing material, nonpublic information. To meet that obligati

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