Res Ipsa Loquitur Law
 
Rolly Redland v. Robert Redland

[¶1] These consolidated appeals stem from the Redland family’s dispute over ranch property and operations. Appeals numbered S-12-0010 and S-12-0012 relate to real property that some of the Redland children claim their father, Robert Redland, agreed to place in a family trust. The district court granted Robert Redland partial summary judgment, holding that the claims were barred by the statute o

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Wilson Advisory Committee v. Board of County Commissioners, Teton County, Wyoming

[¶1] The Teton County Board of Commissioners (the Board) approved a Final Development Plan Application by C&J, LLC (C&J). C&J owns 2.04 acres of property in Wilson, Wyoming. The northern portion of the property is zoned for commercial use, while the southern portion is zoned for a single-family residence. The plan approved by the Board allowed C&J to construct five residential units and one affor

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Jeffrey R. Arnott v. Paula a/k/a Polly A. Arnott

[¶1] Appellant, Jeffrey Arnott (Father), challenges the district court’s order denying his petition for modification of the parties’ divorce decree, which granted primary physical custody of the parties’ two daughters to Appellee, Paula (“Polly”) Arnott (Mother).

Father sought modification of custody after Mother gave notice of her intention to relocate to Virginia with the child

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Edward Venard v. Jackson Hole Paragliding, LLC

[¶1] Appellant, Edward Venard, filed suit against Appellees in Wyoming district court to recover damages for personal injuries sustained during a paragliding lesson. Appellees filed a motion to dismiss seeking to enforce a forum selection clause contained in a “Release, Waiver and Assumption of Risk Agreement” that Mr. Venard had signed as a condition of his membership with the United States

More...   $0 (01-17-2013 - WY)

Bradley Columbia v. Buffy Lawton

¶ 1. ROBINSON, J. This case requires us to consider the constitutional rights of a putative biological father who seeks an order of parentage when a court has already issued a parentage order determining the minor child’s parents. We conclude that Vermont’s parentage statute does not authorize a court to allow a second parentage action involving a particular child brought by or

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Jamie Fuhrmann v. Staples The Office Superstore East, Inc.

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (

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Vincent Peters v. The Top Gun Executive Group

Vincent Peters filed a New Jersey judgment in the trial court for domestication in Texas under the Uniform Enforcement of Foreign Judgments Act (UEFJA), TEX. CIV. PRAC. & REM. CODE ANN. §§ 35.001–008 (West 2008 & Supp. 2012). Peters appeals from the trial court‘s order vacating the judgment against appellee The Top Gun Executive Group. Peters contends that the trial court abused its discreti

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Gilbert H. Coulter v. Anadarko Petroleum Corporation

Royalty owners entitled to receive a share of the production of natural gas in the Hugoton gas field in southwest Kansas brought a class action against Anadarko Petroleum Corporation (APC) claiming that the company and its affiliates had effected an underpayment of the royalties required by the plaintiffs' respective oil and gas leases. The original petition, filed in 1998, sought an accountin

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Daniel T. Miller v. Chad Wright

This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The

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City of Duluth v. Fond Du Lac Band of Chippewa

The central question raised in this appeal is whether certain aspects of the district court's1994 consent decree involving 1 the City of Duluth and the Fond du Lac Band of Lake Superior Chippewa should be dissolved. After the National Indian Gaming Commission (NIGC) decided that the parties' 1994 agreement was incompatible with federal law, the Band moved for dissolution of the consent decree.

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John Gieseke v. IDCA, Inc.

A claim of tortious interference with prospective advantage—also referred to as tortious interference with prospective economic advantage, tortious interference with business expectancy, wrongful interference with business relations or relationships, tortious interference with prospective contractual relations or relationships, and wrongful interference with prospective contractual relations or

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Buck Creek Coal Company v. Gay Nell Sexton

Frable Sexton, a long-time smoker and career coal miner, filed a series of petitions for benefits under the Black Lung Benefits Act. This case arises from his final petition and award of benefits. After filing for benefits in 2001, Mr. Sexton passed away. However, an administrative law judge, hearing both Mr. Sexton’s claim and his widow’s survivor claim, found that the medical evidence establ

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William O. Welman v. Cameron Bunting Parker

The parties are former partners in the law firm of Welman, Hively, Godley & Parker, L.L.P. ("the partnership"). After Appellant Cameron Bunting Parker ("Parker") left the firm, her former partners, William O. Welman, Brian D. Hively, and Barbara A. Godley ("former partners"), brought an action for an accounting in an attempt to recover legal fees Parker had received after leaving the firm in cases

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Roger L. Sanders v. Allison Engine Company, Inc.

This case arises out of a qui tam action pursuant to the False Claims Act (“FCA”). Following this panel’s prior decision in this case—finding that liability under the FCA did not require presentment of a false claim to the government—the defendant contractors and subcontractors appealed to the Supreme Court. The Supreme Court reversed, finding that 31 U.S.C. § 3729(a)(2) liability requi

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Candace Louise Curtis v. Anit Kay Brunsting

This appeal concerns the scope of the probate exception to federal subjectmatter jurisdiction in the wake of the Supreme Court’s decision in Marshall v. Marshall. The Plaintiff contends that, under Marshall, her claims for breach 1 of fiduciary duty against the co-trustees of an inter vivos trust do not implicate the probate exception. We agree.

I.

In 1996, Elmer H. and Nelva E. Br

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Inacio Lobo v. Celebrity Cruises, Inc.

In Lobo v. Celebrity Cruises, Inc. (“Lobo I”), 488 F.3d 891 (11th Cir. 2007), we held that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) and its implementing legislation, 9 U.S.C. §§ 202- 208, superceded the Seaman’s Wage Act, 46 U.S.C. § 10313, and required the District Court to grant a motion to compel arbitration of a foreign seaman’s

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Marjorie Friedman Scherr v. Marriott International, Inc.

Marjorie Friedman Scherr, an elderly woman who required the use of a walker, booked a room at the Courtyard Marriott Hotel in Overland Park, Kansas, in March 2006. She requested a room that complied with the Americans With Disabilities Act (“ADA”). The hotel had recently undergone a renovation and had installed spring-hinged door closers on the bathroom doors of some of its rooms, including th

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American Beverage Associaiton v. Rick Snyder

Plaintiff, the American Beverage Association (“Association”), appeals the district court’s order granting summary judgment to Defendants, Governor Rick Snyder, Attorney General Bill Schuette, and Michigan Treasurer Andrew Dillon in their official capacities (collectively Defendants), and the Michigan Beer & Wine Wholesalers Association (“MBWWA”), which intervened in support of Defendants

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Joan L. Lopez v. Oklahoma Gas and Electric Company

Joan L. Lopez, as Guardian Ad Litem of Omar Fernanfez, a minor, Oklahoma Gas and Electric Company and Keith - MFP Five OK 6, LLC d/b/a Lakeview Terrace Mobile Home Park on premises liability theories claiming:

1. Plaintiff Patricia Fennell is a resident of Oklahoma City, Oklahoma. Patricia Fennell is petitioning this Court to be appointed Guardian Ad Litem of minor child Omar Fernandez.

More...   $1 (01-07-2013 - OK)

Denise Woodham v. Geary Wallace

Denise Woodham, formerly known as Denise Sue Murphy, appeals from a final judgment denying her claims under The Wallace Revocable Trust established by her parents and under the Last Will and Testament of her father, Dewey Wallace. in seven issues, Woodham argues that the Trust is invalid due to certain ambiguities and the Will should be construed to convey a lake house that was owned by a limited

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Dionne A. McKinney v. John Whetsel

Dionne A. McKinney sued John Whetsel, individually and in his official capacity as Sheriff of Oklahoma County, State of Oklahoma and the Board of County Commissioners of the County of Oklahoma claiming that:

1. This court has jurisdiction over this action and venue is proper in Oklahoma County.

2. This action is an action for negligence and various tort claims which occurred at the

More...   $39000 (01-07-2013 - OK)

William G. Hogue v. City of Moore, Oklahoma

William G. Hogue sued the City of Moore, Oklahoma and Redlands Contracting, LLC on breach of contract theories claiming:

1. The City of Moore, Oklahoma, is an incorporated township in the State of Oklahoma, who contracted with Redlands Contracting, LLC on the 6th day of July, 2010 on 2009 G.O. Bond Issue Project No. 2 Reconstruction of N.E. 12TH Street from Eastern to Bryant (‘Project

More...   $1 (01-06-2013 - OK)

Michael D. Lillis v. Kachina Pipeline Company, Inc.

Michael Lillis entered into an agreement with Kachina Pipeline Company, Inc. ("Kachina"), under which he agreed to sell to Kachina the gas produced from his wells. After performing under the agreement for several years, Lillis sued Kachina and alleged that Kachina breached their agreement by impermissibly charging him costs that were not authorized under the agreement. When pursuing this claim, L

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Celeste Grynberg v. M-I L.L.C.

This is an appeal from a summary judgment entered in a bill of review proceeding. Appellants Celeste Grynberg and Jack J. Grynberg d/b/a Grynberg Petroleum appeal the denial of their petition for bill of review, which sought to overturn a no-answer default judgment rendered against them and in favor of appellee M-I L.L.C. By nine issues, which we reorganize as seven, the Grynbergs contend that (1)

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Parkway Dental Associates, P.A. v. Ho & Huang Properties, L.P.

In this case, a former tenant under a commercial lease sued the former landlord and its management company asserting breach of the lease and fraud, as well as other claims. The trial court granted the defendants’ no-evidence and traditional summary-judgment motions, dismissing all of the former tenant’s claims. The lease contained a provision under which the prevailing party in any legal proce

More...   $0 (01-01-2013 - TX)

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AK Morlan
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