Res Ipsa Loquitur Law
 
Andrea Sherman v. Healthsouth Specialty Hospital, Inc. d/b/a Healthsouth Dallas Rehab Hospital

Andrea Sherman appeals the trial court’s dismissal of her negligence claims against HealthSouth Specialty Hospital, Inc. d/b/a HealthSouth Dallas Rehab Hospital because of her failure to serve a chapter 74 expert report. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (West 2011). To resolve her issues, we must decide whether HealthSouth’s alleged failure to secure her and her wheelchair in its

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Annie Tummino v. Margaret Hamburg

Plan B and Plan B One-Step are emergency contraceptives that can be taken to reduce the risk of pregnancy after unprotected intercourse. In 1999, Plan B became the first emergency contraceptive drug approved for prescription-only use in the United States. In 2006, the Food and Drug Administration (“FDA”) approved non-prescription access to Plan B for women 18 and older, and with a prescription

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Christopher Boehringer and Enginuity Engineering, Inc. v. Mark A. Konkel

Appellants, Christopher Boehringer and Enginuity Engineering, Inc. (“EEI”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Mark A. Konkel, in Konkel’s suit against Boehringer and EEI for shareholder oppression. In five issues, Boehringer and EEI contend that the

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evidence is legally and factually insufficient to support the jury’s f

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Peter Fazio v. Cypress/GR Houston I, L.P.

In this suit arising from the sale of land, we examine the appropriate measure of damages for a sale obtained through fraudulent inducement. A jury concluded that the seller of the land had failed to disclose material information to the buyer about the financial state of a commercial tenant who leased the land. But the jury further concluded that the buyers suffered nothing in damages proximately

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South Walk at Broadlands Homeowner's Association, Inc. v. OpenBand at Broadlands, LLC

Southern Walk at Broadlands Homeowners Association brought this action seeking a declaratory judgment against OpenBand at Broadlands, the corporation with which it had contracted in 2001 for wire-based video services. Southern Walk alleges that the 2007 Exclusivity Order issued by the Federal Communications Commission renders "null and void" OpenBand’s exclusive rights under the 2001 contracts t

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United States of America v. Cortez Fisher

It is axiomatic that, "to be constitutionally valid, a plea of guilty must be knowingly and voluntarily made." United States v. Brown, 117 F.3d 471, 473 (11th Cir. 1997). And "a guilty plea is not knowingly and voluntarily made when the defendant has been misinformed" as to a crucial aspect of his case. Id.

In this extraordinary case, the law enforcement officer responsible for the investig

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WNET v. Aereo, Inc.

2 Aereo, Inc. (“Aereo”) enables its subscribers to watch broadcast television programs over
3 the internet for a monthly fee. Two groups of plaintiffs, holders of copyrights in programs broadcast
4 on network television, filed copyright infringement actions against Aereo in the United States
5 District Court for the Southern District of New York. They moved for a preliminary injunc

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State of Kansas v. Derek Alonzo

In this appeal, Derek Alonzo argues the district court did not have jurisdiction to resentence him to correct errors in his original sentence after his original sentence would have expired but for the sentencing errors. We agree and vacate the sentence imposed at his resentencing.

FACTS AND PROCEDURAL BACKGROUND

In 2005, Alonzo pleaded guilty to attempted possession of methamphetamin

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National Truck Equipment Association v. National Highway Traffic Administration

This case arises from a longstanding dispute between the National Highway Traffic Safety Administration (NHTSA) and the National Truck Equipment Association (NTEA). NHTSA is a federal agency within the Department of Transportation that writes and enforces safety standards for motor vehicles. NTEA is

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No. 09-3812 Nat’l Truck Equip. Ass’n v. NHTSA Page 2

a trade organizatio

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Dr. Jayen Patel v. Tulsa Pain Consultants, Inc., P.C.

Dr. Jayen Patel sued Tulsa Pain Consultants, Inc., P.C., Ebondie Titworth, Dr. Martin Martucci, M.D., Lame Nguyen, M.D., Alana Campbell, Robert Saenz, and Dr. Andreas Revelis, M.D. on breach of contract theories claiming:

1. Plaintiff is a physician residing in Tulsa County, Oklahoma.

2. Defendant Tulsa Pain Consultants, Inc., P.C. (hereinafter TPC’), is a domestic professional

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City of Freeport v. Briarwood Holdings, LLC

The City of Freeport brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(8) (West Supp. 2012). Briarwood sued the City and the Freeport

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Economic Development Corporation (FEDC) to set aside a deed to real property from FEDC to the City and to have the real property conveyed to Briar

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United States of America v. Billy Joe Reynolds

This case returns to us after the Supreme Court’s review in Reynolds v. United States, 132 S. Ct. 975 (2012). Remand requires that we reach the merits of Reynolds’s claim that the regulatory rule upon which his

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indictment was based was promulgated in violation of the Administrative Procedure Act (“APA”). This claim gives rise to three questions: (1) What is the appropri

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Jeffrey A. Wiest v. Thomas Lynch

Appellant Jeffrey Wiest brought an action under the whistleblower protection provisions set forth in Section 806 of the Sarbanes-Oxley Act (“SOX”), 18 U.S.C. § 1514A, and under Pennsylvania law against Appellees Tyco Electronics Corporation and several officers and directors of Tyco Electronics (collectively, “Tyco”). The District Court granted Tyco‟s Motion to Dismiss the federal whist

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Philip Morris USAS, Inc. v. James L. Douglas

We review the decision of the Second District Court of Appeal in Philip Morris USA, Inc. v. Douglas, 83 So. 3d 1002, 1011 (Fla. 2d DCA 2012), in which the Second District certified the following question of great public importance:1 DOES ACCEPTING AS RES JUDICATA THE EIGHT PHASE I FINDINGS APPROVED IN ENGLE V. LIGGETT GROUP, INC., 945 So. 2d 1246 (Fla. 2006), VIOLATE THE [ENGLE DEFENDANTS’] DUE

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Roman Pino v. The Bank of New York

The issue we address in this case involves an interpretation of the applicable Florida Rules of Civil Procedure governing voluntary dismissals and the extent of the trial court’s inherent authority to remedy alleged fraud on the court through the reinstatement of a dismissed lawsuit. Although the context of the issue as presented in this case arises out of a widespread problem associated with fr

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Sherry Ervin v. Cinemark, Inc.

Sherry Ervin sued Cinemark, Inc., Cinemark Holdings, Inc., Cinemark Holdings Group, Inc., Cinemark USA, LLC, Cinemark, LLC and Cinemark Leasing Company on premises liability theories.

The Pre-Trial order provided in part:

What: Just as Plaintiff Sherry Ervin started to stand up from her chair after a movie at Defendant’s movie theater, the right side of her seat crashed to the

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Patrice McBride v. Albert McBride

This appeal involves competing motions for enforcement and contempt orders entered against both appellant, Patrice McBride, and appellee, Albert McBride, for violating several provisions of their divorce decree. Albert was held in contempt for failing to pay certain child support commitments; Patrice was held in contempt for violating certain provisions of the parties’ standard possession order.

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Ike & Zack, Inc. v. Matagorda County and City of Placios

Appellants, Ike & Zack, Inc., Miss Gabrielle, Inc., Little Ken, Inc., Capt Anthony, Inc., Miss Adrianna, Inc., Sandra G. Inc., Capt Christopher, Inc., Father Mike, Inc., St. Daniel Philip III, Inc., Lady Toni, Inc., Kelly Marie, Inc., Capt Marcus, Inc., Capt Bubba, Inc., Trawler Emmanuel, Inc., Mariah Lynn, Inc., Trawler Santa Maria, Inc., and Josh & Jack, Inc., challenge the trial court’s summa

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Betty Lou Bradshaw v. R.J. Sikes

In three issues in this interpleader-based appeal, Appellant Betty Lou Bradshaw appeals the trial court’s orders granting summary judgment for, and distributing the interpleaded proceeds to, Appellees R.J. Sikes, Roger Sikes, Kathy Sikes, Greg Louvier, Pam Louvier, Christy Rome, Dacota Investment Holdings, L.L.P. a/k/a Dacota Investment Holdings, L.P., Colorado State Bank & Trust as custodian of

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Michelle Gilstrap v. United Air Lines, Inc.

Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries as a result. Gilstrap sued United, alleging several causes of action under California stat

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Thomas J. Alfes v. Educational Credit Management Corporation

Thomas J. Alfes appeals the district-court judgment affirming the bankruptcy court’s order granting summary judgment in favor of Educational Credit Management Corporation (ECMC). We AFFIRM.

I.

Between 1982 and 1997, Alfes took out student loans funded in whole or in part by the Federal Family Education Loan Program (FFELP). Alfes consolidated his student-loan debt and, on the final

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Michael L. Lee v. Raven Resources, LLC

Michael L. Lee sued Raven Resources, LLC and David Stewart seeking a declaratory judgment claiming:

1. At all relevant times, Plaintiff was and now is a resident of Oklahoma County, State of Oklahoma.

2. At all relevant times, Defendant Raven was and now is an Oklahoma limited liability company with its principal place of doing business in the City of Oklahoma City, Oklahoma County,

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John N. Horne v. Los Alamos National Security, LLC

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This case arises from an employee grievance at Los Alamos National Laboratory (LANL), operated by Los Alamos National Security, LLC. After succeeding in arbitration, the employee, John Horne, filed a lawsuit in state district court in 2008, in which he alleged more expansive claims arising out of the same subject matter covered in the arbitration agreement. LANL objected, claiming t

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Robert Crookshank v. Venerated Home Health Express, LLC

Robert Crookshank, as Parent and Next of Kin of Teresa Crookshank, deceased, sued Venerated Home Health Express, LLC and Volunteers of America of Oklahoma, Inc. on wrongful death theories claiming:

1. Robert Crookshank is the natural father of Teresa Crookshank and the proper person to bring this cause of action pursuant to 12 O.S. § 1054.

2. Venerate is a limited liability corp

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Cynthia Hatchett v. Panda Restaurant Group, Inc.

Cynthia Hatchett sued Panda Restaurant Group, Inc., Praxis Development, Inc.a and MAE Development, LLC on premises liability theories claiming:

1. Plaintiff Cynthia L. Flatchett and Plaintiff Donald E. Yardley (hereinafter “Plaintiffs’) are individuals residing in Oklahoma County, Oklahoma.

2. On February 1, 2010, Plaintiffs entered the Panda Express restaurant located at 500

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