Res Ipsa Loquitur Law
 
Sherrie Louise Taylor v. Foremost Lloyds of Texas

Appellant, Sherrie Louise Taylor, challenges the trial court’s summary judgment in favor of appellees, Alvin Lance Lough and Bank of America, N.A. (the “Bank”).1 In one issue, Taylor asserts that the trial court erred in granting summary judgment in favor of the Bank and denying her summary-judgment motion. We affirm.

I. BACKGROUND

The dispute in this case centers on who is ent

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Brandon S. Keller v. Robi P. Chatterji, M.D.

Tulsa Medical Malpractice Plaintiff's lawyer, Lisa Riggs, sued Robi P. Chatterji, M.D. and Baptist Health Care of Oklahoma, Inc. d/b/a Integris Bass Baptist Health Center on medical negligence (medical malpractice) theories claiming:

1. At all relevant times Brandon S. Keller (“Brandon”) was an individual residing in Garfield County, Oklahoma.

2. At all relevant times Alysia Kell

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Bostwick Properties, Inc. v. Montana Department of Natural Resources and Conservation

¶1 Bostwick Properties, Inc. (Bostwick) sought a water use permit from the Montana Department of Natural Resources and Conservation (DNRC). DNRC denied the water use permit. Bostwick petitioned for review by the District Court. The District Court agreed with DNRC that Bostwick had failed to prove no net depletion of surface water and lack of adverse effect, as required by § 85-2-360, MCA, and th

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Reinaldo Ramon Lamonica v. Safe Hurrican Shutters, Inc.

This is an appeal from a judgment awarding unpaid wages and liquidated damages under the Fair Labor Standards Act (“FLSA”). Appellees challenge the judgment itself, as well as the district court’s denial of their post-trial motions under Federal Rules of Civil Procedure 50(b) and 59(e). For the reasons that follow, we affirm.

I. BACKGROUND

Mario Feliciano and Augustin Milan

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Henry Pashby v. Albert Delia

In 2010, the North Carolina General Assembly voted to impose stricter eligibility requirements for in-home personal care services (PCS), an optional Medicaid program that assists disabled adults with daily tasks such as eating and bathing. Appellees—thirteen North Carolina residents who lost access to in-home PCS due to the statutory change (collectively "the PCS Recipients")—brought suit, con

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Juana Villegas v. The Metropolitan Government of Nashville and Davidson County

Plaintiff Juana Villegas brought suit under 42 U.S.C. § 1983, claiming violations of her Eighth Amendment rights (made applicable to pretrial detainees through the Fourteenth Amendment) as a result of her being restrained and shackled prior to and following giving birth while in the custody of law enforcement authorities employed by Defendant Metropolitan Government of Nashville and Davidson Coun

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After the February 12, 2009 crash of Continental Connection Flight 3407 on approach to Buffalo-Niagara International Airport, plaintiff-appellant County of Erie, New York (“the County”) sued defendants-appellees Colgan Air, Inc., Pinnacle Airlines Corp., and Continental Airlines, Inc. (collectively “defendants”) to recover its expenditures in responding to, and cleaning up after, the accid

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Nathan R. Baker v. David Speaks

[¶1] While a lawsuit by Appellees David and Elizabeth Speaks was pending against Rosemary and Byron Baker, the Bakers transferred two parcels of real property to their son Nathan. The original case resulted in a judgment against Byron, but a dismissal of the claims against Rosemary. Appellees’ judgment against Byron was upheld on appeal. After learning of the decision in that case, Natha

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North Fork Special Service District v. Robert Bennion

¶1 Robert Bennion appeals from the trial court’s entry of summary judgment in favor of the North Fork Special Service District (the District) for past due service fees and interest charges that exceed $200. Bennion also challenges the trial court’s award of attorney fees under Utah Code section 78B‐5‐825. See Utah Code Ann. § 78B‐5‐825 (LexisNexis 2012). We vacate the judgment and re

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Charles Lee Logan v. State of Oklahoma

¶1 Petitioner Charles Lee Logan appeals to this Court from an order of the District Court of Oklahoma County denying his Application for Post-Conviction Relief in Case No. CF-2008-6242. Logan was convicted by a jury of Robbery with a Firearm, AFCF, 21 O.S.2001, § 801 (Count 1) and Robbery in the First Degree, AFCF, 21 O.S.2001, § 791 (Count 2).1 Logan was sentenced to imprisonment for life on C

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Ricky Ray Malone v. The State of Oklahoma

¶1 Appellant, Ricky Ray Malone, was tried by jury and convicted of First Degree Murder (21 O.S.2001, § 701.7) in the District Court of Comanche County, Case Number CF-2005-147. In accordance with the jury's recommendation, the trial court imposed a sentence of death. This Court affirmed Appellant's conviction, but reversed the sentence and remanded the case for resentencing. Malone v. State, 200

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City of Harlingen, Texas v. Charles E. Lee

By five issues, appellant, the City of Harlingen, appeals from the denial of its plea to the jurisdiction in a suit brought by appellee, Charles Lee. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2011). We affirm in part and reverse in part.

I. BACKGROUND

Appellant is a home-rule municipality. See TEX. LOC. GOV’T CODE ANN. § 9.001 (West 2008). In his live petiti

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RBS Mortgage, LLC v. Ramiro Gonzalez

RBS Mortgage, LLC appeals the trial court’s judgment, rendered after a bench trial, arguing the trial court erred by declaring a lien on real property void and enjoining foreclosure. We affirm.

BACKGROUND

In 2001, Ramiro Gonzalez Jr. (“Gonzalez”) and his then wife, Filomena Gonzalez, purchased the vacant lots at 844 S. San Joaquin St., San Antonio, Texas, that are the subject o

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Dittmer Properties v. FDIC

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati

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George Martin v. Ed Smith

Appellant, Camas County, appeals an injunction granted by the district court against the enforcement of Camas County Ordinances 150 and 153, and Resolutions 96 and 103 (“2007 zoning amendments”). Camas County challenges the standing of Plaintiff-Respondent, George Martin (“Martin”), in light of this Court’s recent decision in Martin v. Camas County, 150 Idaho 508, 509–11, 248 P.3d 1243

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Randall Phillip Bottum v. Idaho State Police

This is an appeal out of Kootenai County contending that the district court erred in holding that a 2009 amendment to the sex offender registration law applied to the appellant. Prior to the amendment, he could have petitioned the court to be exempted from the duty to register as a sex offender. The amendment foreclosed that opportunity. We hold that the amendment applied to appellant and affirm t

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Altrua Healthshare, Inc. v. Bill Deal

Appellant Altrua HealthShare appeals the district court’s decision affirming the Idaho Department of Insurance’s (Department) determination that Altrua transacted insurance without a certificate of authority in violation of I.C. § 41-305. Altrua argues that both the Department and the Ada County district court erred in finding that Altrua was an insurer because Altrua never assumed the risk o

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Adriana Berneike v. Citimortgage, Inc.

Adriana Berneike (Berneike) appeals the district court’s dismissal pursuant to Rule 12(b)(6) of her Real Estate Settlement Procedures Act (RESPA), Utah Consumer Sales Protection Act (UCSPA), and breach of contract claims asserted against CitiMortgage, Inc. (Citi). Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

On January 13, 2010, Berneike faxed twenty-eight different l

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New Millennium Homes, Inc. v. Texas Community Bank, N.A.

Debtor, New Millennium Homes, Inc., and Guarantors, Michael C. Owen and Tiffany Owen, appeal a summary judgment granted to Lender, Texas Community Bank, N.A., based on a deficiency balance that remained on Debtor’s note following the sale of the collateral securing the note. Debtor and Guarantors appeal, raising three issues: (1) the trial court failed to make a judicial determination of the def

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Memc I, LLC v. The Town of Double Oak

This is a summary judgment appeal. Appellees the Town of Double Oak, Charlie Wright, and Charlotte Allen moved for summary judgment on Appellant MeMc I, LLC’s claims; the sole ground for summary judgment asserted in Appellees’ motion for summary judgment was the affirmative defense of res judicata. Appellees premised their res judicata defense on a trial court judgment that had been appealed

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Jerry W. Gunn v. Vernon F. Minton

Federal courts have exclusive jurisdiction over cases“arising under any Act of Congress relating to patents.” 28 U. S. C. §1338(a). The question presented is whether a state law claim alleging legal malpractice in the handling of a patent case must be brought in federal court.
I In the early 1990s, respondent Vernon Minton developed a computer program and telecommunications network design

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Deborah K. Johnson v. Tara Sheneva Williams

The Antiterrorism and Effective Death Penalty Act of1996 (AEDPA) restricts the circumstances under which a federal habeas court may grant relief to a state prisoner whose claim has already been “adjudicated on the merits in State court.” 28 U. S. C. §2254(d). Specifically, if aclaim has been “adjudicated on the merits in State court,”a federal habeas court may not grant relief unless “t

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Oratai Culhane v. Aurora Loan Services of Nebraska

As the millennium dawned, American financial markets soared to new heights. One of the vehicles that propelled this dizzying flight involved the bundling and securitization of residential mortgage loans. Footnote But all good things come to an end, cf. Geoffrey Chaucer, Troilus and Criseyde (circa 1374) ("There is an end to everything, to good things as well."), and it was not long before the econ

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Kyle West v. Christopher Manfield

Kyle West sued Christopher Manfield, J. Edward Vierheller and Mr. Ed's Auction, Inc. on negligence theories claiming:

1. Petition for probate of the will was filed on April 2,2009, and Chnstopt.er Mansfield was appomted to serve as special administrator on April 27, 2009.

2. Kyle lives m Tulsa, Oklahoma, and Marie lives m Denver, Colorado Although they are brother and sister, the

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Debra Laizure v. Avante At Leesburg, Inc.

A nursing home patient, Harry Lee Stewart, signed an agreement providing for arbitration of disputes arising out of treatment and care at the nursing home. Stewart subsequently died, allegedly as a result of the nursing home’s negligence. Through the personal representative, Debra Laizure, his survivors brought a cause of action in circuit court for deprivation of rights under the applicable nur

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