Res Ipsa Loquitur Law
 
In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle

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Casey Beville v. Joseph W. King, III, M.D.

Casey Beville sued Joseph W. King, III, M.D., Elcy John, M.D., and Valleylab, formerly Tyco Healthcare Group, L.P. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff is an individual and a resident of the State of Oklahoma.

2. Defendant Joseph W. King, III, M.D., was at all times material hereto, a medical doctor licensed by the State of Oklahoma holding hims

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Mickey V. Elliott v. Rockwood Village Partners, Ltd.

Mickey V. Elliott sued Rockwood Village Partners, Ltd. ("Rockwood") for breach of a promissory note ("the Elliott Note"). Rockwood asserted various affirmative defenses and counterclaims, including breach of contract and breach of the duty of loyalty by Elliott. After a bench trial, the district court ruled in Rockwood's favor and reformed the Elliott Note's payment term. The court also rendered

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St. Agnes Academy v. Texas Alcoholic Beverage Commission

St. Agnes Academy, Sharpstown Civic Association, and Clarewood House Residents Association (collectively "Protestants") contested the application of Club Bellaire, Inc. d/b/a El Corral ("Club Bellaire") for a permit to sell alcoholic beverages in the vicinity of Protestants' properties. See Tex. Alco. Bev. Code Ann. § 5.435 (West 2007) (public participation in licensing or permitting hearings).

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Gayen Hancock v. American Telephone and Telegraph Company, Inc.

Gayen Hancock, David Cross, Montez Mutzig, and James Bollinger (collectively “Plaintiffs”) seek to represent a class of customers dissatisfied with “U-verse,” a digital telecommunications service. The United States District Court for the Western District of Oklahoma dismissed their claims based on forum selection and arbitration clauses in the U-verse terms of service. Plaintiffs appeal th

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Christopher N. Kirrie v. Indian River County Code Enforcement Board

Christopher N. Kirrie, individually and as trustee of the Christopher N. Kirrie Trust u/t/d June 20, 1995, and Ishiko Kirrie (collectively, the Kirries) filed a petition for writ of certiorari in this court. They challenge a n order of the Indian River County circuit court, in its appellate capacity, affirming per curiam, without opinion, a n administrative determination of the Indian River County

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George J. Borik v. Alameda Unified School District

This case involves the validity of a parcel tax approved by Alameda Unified School District (District) voters in June 2008 as Measure H. The issue before us is whether the tax violates Government Code section 50079, which authorizes school districts to levy “qualified special taxes.” (Gov. Code, § 50079, subd. (a).)1 Such taxes are statutorily defined as “taxes that apply uniformly to all t

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Sharon Ann Gribble v. Brent Allen Layton

Appellant Sharon Ann Gribble, individually and in her capacity as guardian of the person and estate of Michael Ray Gribble, her disabled adult son, sued Michael’s alleged biological father, appellee Brent Allen Layton, for a determination of parentage and child support. Layton moved to dismiss the suit on statute-of-limitations grounds and, alternatively, on the grounds that Sharon lacked standi

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David T. Kenney v. Gregory Willis Floyd

In May of 2007, there were two shooting deaths, one of a civilian, Liko Kenney, and one of a police officer, Bruce McKay, following traffic stops in Franconia, New Hampshire. Kenney shot Officer McKay four times and ran over him twice with his car. Thereafter, a witness to the shooting, Gregory Floyd, approached Kenney and asked him to drop his weapon. When Kenney refused, Floyd shot and killed Ke

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William C. Jarvis v. K&E Re One, LLC

William C. Jarvis and Cindy Jarvis appeal (I) the trial court’s judgment granting K&E Re One, LLC (K&E) declaratory and injunctive relief and awarding K&E attorney’s fees, and (2) the trial court’s grant of summary judgment in favor of Stewart Title Company (Stewart Title) and Bayview Loan Servicing (Bayview). In four points of error, the Jarvises contend the trial court erred by (I) denying

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Tim Sosebee v. Steadfast Insurance Company

Appellant Steadfast Insurance Co. (“Steadfast”) appeals from the district court’s order denying Steadfast summary judgment and granting summary judgment to Appellees Sosebee, Writesman, and Patillo (“Sosebee”). The district court held Steadfast waived its coverage defense. We REVERSE and render summary judgment in favor of Steadfast.

I

Tim Sosebee, Mark Writesman, and Dale

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National City Bank of Indiana and Home Loan Services, Inc. v. Albert Ortiz

In this opinion, we address cross-appeals and a mandamus petition arising out of the foreclosure of a residential property. The borrower, Albert Ortiz, sued the bank and its mortgage servicer for a variety of claims including wrongful foreclosure, breach of contract, negligence, trespass to real property, trespass to personalty, and conversion. The bank counterclaimed to recover on the note and to

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Tony Lynn Hailey v. Richard Glaser

Tony Lynn Hailey, proceeding pro se, appeals the dismissal of his lawsuit against the Honorable Lauren J. Blake, presiding judge of the 336th Judicial District Court of Texas; Richard Glaser, the Fannin County District Attorney; and Nancy Young, the current Fannin County District Clerk.1 Hailey filed suit seeking declaratory and injunctive relief for violations of the “Due Course of Law” Claus

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Iain Walker v. Norene Walker

Iain Walker, a citizen of Australia, filed this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., in an effort to compel his wife, Norene, a citizen of the United States, to return the couple’s three children to Australia.

ICARA implements the Hague Convention on the Ci

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National Security Systems, Inc. v. Robert L. Iola, Jr.

We are called upon once again to address litigation arising out of a tax avoidance scheme devised in the late 1980s.1 Defendant James Barrett, a financial planner, induced the plaintiffs, four small New Jersey corporations and their respective owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (―EPIC‖). EPIC‘s advertised tax benefits,

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Cindy Kennedy v. Richard J. Langerman, Jr., D.O.

Cindy Kennedy sued Dr. Richard J. Langerman, Jr., D.O. on a medical malpractice theory claiming:

1. This case was previously filed in Oklahoma County, Case No. CJ-2008-5576 and assigned to the Honorable Noma Gurich. The matter was Dismissed Without Prejudice on October 27, 2010 and is refiled under the authority of 12O.S. §100.

2. Defendant, Richard J. Langerman, Jr., D.O. is a lice

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Margaret White v. Baptist Memorial Health Care

Plaintiff Margaret White appeals the district court rulings that granted summary judgment for Defendant Baptist Memorial Health Care Corp. (Baptist) and decertified her class action against Baptist. She argues the district court incorrectly held that Baptist’s policy for compensating hourly employees for missed meal breaks was lawful under the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201,

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Fundamentalist Church of Jesus Christ of Latter-Day Saints v. Thomas C. Horne

The defendants have filed interlocutory appeals from an order of the district court granting a preliminary injunction in favor of plaintiff, an association of individual members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints and beneficiaries of a charitable religious trust (“FLDS Association”). After granting the defendants’ motion for an emergency stay pending resolution

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Aneita J. Weaver v. John Jamar

This is a contract dispute between appellant Aneita J. Weaver and her nephew, appellee John Jamar. It arises from a loan Weaver made to Jamar enabling him to purchase a townhouse, which he was to renovate and ultimately resell for profit. Following a bench trial, the trial court awarded title of the property and attorney’s fees to Weaver while awarding construction expenses to Jamar—all at fiv

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John E. Gibson v. Texas Department of Insurance - Division of Workers' Compensation

In February 2011 the Texas Department of Insurance issued a cease and desist letter to Appellant John Gibson, arguing that his use of the words “Texas” and “Workers’ Comp” in the domain name of his website violated § 419.002 of the Texas Labor Code. Gibson filed a complaint in the Northern District of Texas, alleging that the statute was unconstitutional under the First, Fifth, and Four

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Jason Bovier v. Simon Crane Service, Inc.

Jason Bovier (“Plaintiff”) appeals the trial court’s grant of summary judgment in favor of Simon Crane Service, Inc. and John Simon (collectively “Defendants”) on his claims for negligence and res ipsa loquitor. We reverse and remand.

I. BACKGROUND

The undisputed facts are as follows. Plaintiff was employed by Whittaker Builders, Inc. (“Whittaker”) as a carpenter. He wa

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Susan E. Bowman v. Gerard L. Pinster

Gerard Prinster (Husband) appeals the judgment entered by the Circuit Court of St. Louis County dissolving his marriage to Susan Bowman (Wife). Husband claims the trial court erred in: (1) permitting his attorneys to withdraw and denying his motion for a continuance; (2) relying on incompetent testimony and stale appraisals in valuing the parties’ real estate; (3) determining that the home the p

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Joanne Peterson v. Kitsap Comm. Federal Credit Union

Kitsap Community Federal Credit Union (KCU)1 appeals the superior court's

grant of summary judgment to Joanne Peterson on her Washington Consumer Protection Act

(CPA)2 claim in her class action lawsuit for breach of contract, unjust enrichment, and violation of

the CPA. Peterson's CPA claim was based on KCU's having charged her and 428 other plaintiffs

an a

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Matt Miller Company, Inc. v. Taylor-Martin Holdings, LLC

Matt Miller Company, Inc. ("Contractor") appeals a judgment awarding net damages in the amount of $228,138.72 to Taylor-Martin Holdings, LLC ("Owner") after a bench trial. The lawsuit arose out of a construction contract (the "Agreement") to renovate a historic commercial building in Springfield. Contractor presents ten points that challenge the evidence supporting its breach of the Agreement, the

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Verizon Business Network Services, Inc. f/k/a MCI Worldcom Network Services v. Melinda McKenzi

Verizon Business Network Services, Inc., formally known as MCI Worldcom Network Services, Inc. and doing business as MCI Telecommunications Corp. (MCI), appeals the district court’s judicial review ruling of a workers’ compensation decision asserting the district court erred in holding it responsible to pay for the unauthorized weight-loss surgery of the injured worker, Melinda McKenzie. McKen

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