Res Ipsa Loquitur Law
 
Friends of Minidoka v. Jerome County

were opposed to the LCO because of the potential harms to the neighboring farms and to the Minidoka National Historic Site petitioned the district court for review of the Board’s decision on remand from the district court. The district court affirmed the Board’s approval of the permit, finding in the process that four of the organizations concerned with the effects on the Minidoka National His

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Linda Velez v. Betsy Sanchez

26 This is an appeal from the district court’s grant of summary judgment against the plaintiff
27 and its prior grant of a motion to dismiss one count of the amended complaint. Plaintiff-
28 Appellant Linda Velez (“Velez”) brought this action against Betsy Sanchez (“Sanchez”),
29 Sanchez’s sister Shari Munoz, and Sanchez’s and Shari’s mother Yolanda Munoz under the

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Scott Sanders v. Mountain America Federal Credit Union

For certain mortgage loans covered by the Truth-in-Lending Act (TILA), a timely written notice of rescission triggers the creditor’s duty to release its security interest and refund any finance charges. Once the creditor satisfies this duty, the borrower must return the loan proceeds. Although we have not spoken authoritatively on the issue, several circuits allow district courts to equitably co

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Daewoo Shipbuilding & Marine Engineeing Co., Ltd. d/b/a DSME v. Ikanco, Inc.

This is a contract interpretation case. Appellee ikanco, Inc. [sic] sued appellant Daewoo Shipbuilding & Marine Engineering, Co., Ltd. d/b/a DSME for breach of a contract pursuant to which ikanco was to provide services to aid Daewoo in securing a shipbuilding project.1 The trial court deemed the two-page contract between ikanco and Daewoo ambiguous and submitted it to the jury for interpretation.

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R & R Marine, Inc. a/k/a R & R Marine Fabrication & Drydock v. Max Access, Inc.

Appellant, R&R Marine, Inc. challenges the trial court‟s rendition of partial summary judgment in favor of Max Access, Inc.1 and the trial court‟s order granting Max Access‟s Motion to Sever and Enter Judgment. We reverse the trial court‟s order partially granting summary judgment and order granting the motion to sever and enter judgment and remand this case to the trial court for further

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Colleen Conrad Fonte v. CBRCC, Inc. a/k/a Courtemanche & Associates

To recover unpaid wages and unreimbursed business expenses, Colleen Conrad Fonte sued her former employer, Courtemanche & Associates, for breach of contract. The trial court dismissed her case.

In two issues, Fonte contends that the trial court erred by (1) granting Courtemanche’s plea to the jurisdiction and dismissing her suit for lack of jurisdiction and (2) dismissing her suit with pr

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Joseph C. Hubbard v. Bankatlantic Bancorp, Inc.

This appeal concerns a private securities fraud class action brought under § 10(b) of the Securities Exchange Act of 19341 and SEC Rule 10b-52 against a bank holding company, BankAtlantic Bancorp, Inc., and its management (collectively, “Bancorp”)3 by State-Boston Retirement System, a shareholder and the lead plaintiff. State-Boston sought to prove at trial that the holding company had misrep

More...   $0 (07-25-2012 - FL)

Planned Parenthood Minnesota v. Mike Rounds

The Governor and Attorney General of South Dakota (“the State”), along with two intervening crisis pregnancy centers and two of their personnel (collectively “Intervenors”), appeal the district court’s permanent injunction barring enforcement of a South Dakota statute requiring the disclosure to patients seeking abortions of an “[i]ncreased risk of suicide ideation and suicide,” see

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Georgiacarry.org, Inc. v. The State of Georgia

In 2010, the Georgia legislature, apparently concerned that the carrying of weapons and long g 1 uns2 would likely present an unreasonable risk of harm to people who assemble in eight specific locations, enacted a statute barring the unrestricted carrying of weapons or long guns in those locations. O.C.G.A. § 16- 11-127(b) (this provision is hereinafter referred to as the “Carry Law”).3 This

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New Wave Properties, Inc. v. Kimberly Wikoff

By two issues, appellant, New Wave Properties, Inc., appeals from the judgment of the County Court at Law of San Patricio County, denying appellant’s claims for eviction and past due rent and ordering appellant to return to appellee, Kimberly Wikoff, personal property removed from her apartment. We affirm.

I. BACKGROUND

Appellant is a management company for several apartment units.

More...   $0 (07-19-2012 - TX)

Herbert Lawrence Polinard v. Ralph A. Medina

Appellant, Herbert Lawrence Polinard, challenges the trial court’s dismissal of his lawsuit against appellees, Ralph A. Medina and Ann Anthony, LLC (“Ann Anthony”), for want of prosecution. By two issues, Polinard contends that the trial court erred in dismissing the case and in denying his motion to reinstate. We affirm.

I. BACKGROUND

On September 24, 2009, Polinard sued M

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R.E. Wegman Construction Company v. Admiral Insurance Company

This appeal is a sequel to our decision last year reported at 629 F.3d 724 (7th Cir. 2011), in which we reversed the dismissal of Wegman’s suit against its primary insurance carrier, Admiral; the suit charges Admiral with having failed to discharge its duty of good faith to its insured by (as we put it in another case) “gambl[ing] with the insured’s money by forgoing reasonable opportunities

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Douglas Vail v. Delmar Woods

1. Plaintiff is a resident of Bethany, Oklahoma County, State of Oklahoma.

2, Defendant, Delmar Woods is a resident of Oklahoma City, Oklahoma County, State of
Oklahoma.

3. Third Party Claimant, OU Medical Center is a Domestic For Profit Business Corporation
with their principal place of business in Oklahoma County.

4. Third Party Claimant, Chad W. Moody, PC is a

More...   $25000 (06-28-2012 - OK)

Francisco Venegas, III v. J.R. Silva

Francisco Venegas III, Appellant, sued J.R. Silva alleging that Silva, an assistant principal with Midland Independent School District, used excessive force in disciplining Appellant with a paddle when he was eleven years old. Silva filed a motion to dismiss for want of subject-matter jurisdiction, and the trial court granted the motion and dismissed Appellant’s suit for want of jurisdiction.

More...   $0 (07-12-2012 - TX)

James Brooks v. Howard R. Arthur, Sr.

Plaintiffs James Brooks and Donald Hamlette, corrections officers at the Correctional Unit in Rustburg, Virginia, sued under 42 U.S.C. § 1983, alleging that the defendants unlawfully fired them for exercising their First Amendment rights to free speech. The Supreme Court has been quite clear, however, that "‘complaints about . . . the employee’s own duties’" that are "filed with an employer

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The Village of Palmetto Bay, Florida v. Palmer Trinity Private School, Inc.

The Village of Palmetto Bay petitions for certiorari relief from an order of the circuit court appellate division granting a motion to enforce its mandate in Palmer Trinity Private School, Inc. v. Village of Palmetto Bay, 18 Fla. L. Weekly Supp. 342a (Fla. 11th Jud. Cir. Ct. Feb. 11, 2011).1 Both Palmetto Bay and Palmer Trinity maintain, and we agree, that this order is subject to “first tier”

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Cynthia Sotelo v. Medianews Group, Inc.

Cynthia Sotelo, Jose Garcia, Jessica Garcia, Joseph Garcia, Ashley Garcia, Tiffany R., and Brandon L., appeal from the trial court‟s denial of their motion for class certification in a suit alleging that respondents engaged them, and those similarly situated, to work as independent contractors though they were actually employees, and that as a result of this misclassification, respondents are li

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City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The City of San Antonio appeals the trial court’s denial of its pleas to the jurisdiction in this lawsuit by the Rogers Ranch property owners and developers seeking a declaratory judgment recognizing the development project’s vested rights under Chapter 245 of the Texas Local Government Code. TEX. LOC. GOV’T CODE ANN. §§ 245.001-.007 (West 2005). The issues in this interlocutory appeal are

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Ray A. Basaldua v. Forest Woods Subdivision Property Owners Association, Inc.

This appeal arises from a traditional summary judgment rendered in favor of appellee and from an order sanctioning appellant for failing to attend court-ordered mediation. We affirm both the summary judgment and the sanctions order.

BACKGROUND

Appellee, Forest Woods Subdivision Property Owners Association, Inc., is a non-profit property owners’ association (the “association”).

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Jerry Lee White v. Midfirst Bank

Jerry Lee White sued Midfirst Bank on breach of contract and unjust enrichment theories. He sought class action certification seeking to assert claims on behalf of others against Midfirst.

Plaintiff here, Jerry Lee White, filed an amended petition against MidFirst Bank. Plaintiff alleged three claims, of the Oklahoma Consumer Protection Act (“OCPA”), breach of express contract and unj

More...   $1 (06-30-2012 - OK)

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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Mary Blanche Boegner v. Christopher C. Kirk, Sheriff Brazos County

By two issues, appellant, Mary Blanche Boegner, as executrix of the estate of Allan Patrick (“A.P.”) Boegner and as trustee of the Betty Blanche Boegner revocable trust, challenges the trial court’s February 24, 2011 final judgment in favor of appellees, Christopher C. Kirk, Sheriff Brazos County, Texas, and Revere Financial Corporation (“Revere”). We reverse and remand.

I. BACK

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Dennis Davis v. Steven L. Johnston

This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a

More...   $0 (06-29-2012 - TX)

Eden Cooper, L.P. v. City of Arlington, Texas

In three issues, appellant Eden Cooper, LP appeals the trial court’s orders granting the pleas to the jurisdiction of appellee City of Arlington, Texas (the City) and of appellees James Holgersson, Edward Dryden, Sheri Capehart, Mel LeBlanc, and Kathryn Wilemon (the individual appellees).[2] We affirm.

Background Facts

In early 2009, Carrizo Oil & Gas Inc. (Carrizo) appl

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Frater Oklahoma Realty Corp. v. Allen Lauhon Hardware Co.

¶1 The parties to this action will be referred to in this opinion as they appeared in the trial court.

¶2 On January 26, 1948, Allen Lauhon Hardware Company filed its petition to quiet its title to the south 75 feet of lot three (3), block one hundred sixty two (162), in the city of Tulsa, Tulsa county, Oklahoma, and alleges the defendants are trespassing on the north wall of the building

More...   $0 (02-26-1952 - OK)

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