Res Ipsa Loquitur Law
 
Vermont Human Rights Commission v. State of Vermont

Plaintiffs Vermont Human Rights Commission (HRC) and Ursula Stanley, an employee of the State Agency of Transportation, appeal the Washington Civil Division’s decision to grant the State’s motion to dismiss her complaint for failure to state a claim upon which relief can be granted. Ms. Stanley complains that, under the Vermont Parental and Family Leave Act (VPFLA), 21 V.S.A. § 472(c), which

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Timothy Daniels v. Narraguagus Bay Health Care Facility

[¶1] Timothy Daniels appeals from the Superior Court’s (Washington County, Cuddy, J.) entry of summary judgment in favor of the defendants, Narraguagus Bay Health Care Facility and North Country Associates, Inc. 1 Daniels contends that the court erred in concluding that Narraguagus and North Country were entitled to judgment as a matter of law on his disability discrimination and retaliation cl

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Robert L. Gray v. TD Bank, N.A.

[¶1] Robert L. Gray appeals from a judgment of the Superior Court (Waldo County, Hjelm, J.) granting TD Bank, N.A.’s motion to dismiss his complaint asserting claims for breach of contract, negligence, and punitive damages. We affirm the dismissal of Gray’s contract and punitive damages claims, but we vacate the judgment with respect to the negligence claim.

I. BACKGROUND

[

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Crystal Ludwig v. Township of Van Buren

Plaintiff Crystal Ludwig is an exotic dancer challenging the nudity ordinances of Van Buren Township under 42 U.S.C. § 1983. Ludwig works for Garter Belt, Inc., an entity that operates a strip club and is currently enjoined from violating the Van Buren nudity ordinances. This injunction was issued as part of a prior suit, in which Garter Belt unsuccessfully challenged the ordinances. In light of

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Leah A. Bilyeu v. Morgan Stanley Long Term Disability Plan

Leah A. Bilyeu appeals the district court’s dismissal of her claim challenging the termination of her long-term disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132. Bilyeu also challenges the district court’s grant of summary judgment in favor of First Unum Life Insurance Company (Unum) on Unum’s counterclaim for restitution of overpaid be

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Christopher F. Ford v. Michael B. Donley

Plaintiff Christopher F. Ford appeals from two adverse decisions entered by the district court in this suit over alleged employment discrimination at Tinker Air Force Base (TAFB). In Appeal No. 11-6203, Mr. Ford challenges the grant of summary judgment to his former employer, defendant Michael B. Donley, Secretary * After examining the briefs and appellate record, this panel has determined unanimo

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Richard Douglas Degroot v. Katherine Diane Degroot

In the parties' divorce decree, Katherine Diane DeGroot (Katherine) was awarded fifty percent of Richard Douglas DeGroot's (Douglas's) 401(k) plan. Douglas withdrew all funds from the 401(k) plan and, in a post-divorce enforcement order, the trial court ordered Douglas to pay Katherine $145,310.46 as her share of the 401(k) plan. Douglas appeals the order asserting it (1) substantively changed th

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Nadine Rogers v. Edward Redeemer Nursing Center

Oklahoma City Nursing Home Negligence Plaintiff Personal Injury Lawyers represented Plaintiff, Nadine Rogers, who sued Edward Redeemer Nursing Center and Promise Redeemer, LLC claiming:

Parties. Jurisdiction and Venue

1. Nadine Rogers, Guardian of Josephine Tennyson, (“Plaintiff”) is a citizen of the State of Oklahoma and a resident of Oklahoma City, Oklahoma County, Oklahoma

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Sandra Leonard v. John Crane, Inc.

Our law recognizes that when a spouse suffers a personal injury, the marital partner may likewise suffer injury as a consequence. In this case, appellant Sandra Leonard‘s husband, John Leonard, was diagnosed with mesothelioma, a progressive and fatal disease related to asbestos exposure. Sandra and John1 were married at the time of his diagnosis, but not at the time of his exposure to asbestos-c

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Sandra S. Byrd v. City of Collinsville

Sandra S. Byrd sued the City of Collinsville, Oklahoma, Metropolitan Environmental Trust, Res Care Oklahoma, Inc., Arbor E8T LLC DBA Rescare Workforce Services and Adili Rucker Murchison on general negligence theories.

The claims made and defenses asserted in this care are not available.

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Charles Patrick Cosgrove v. Kansas Department of Social and Rehabilitative [sic] Services

Plaintiff Charles Cosgrove appeals from the district court’s dismissal of his § 1983 case on various grounds. In his pro se § 1983 complaint, Plaintiff alleged his civil rights were violated when as a young child he was removed from his biological parents’ custody and placed with abusive foster parents. Plaintiff alleged he was kept in the abusive foster home for over eight years despite rep

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Jerry R. Henderson v. Southern Farm Bureau Insurance Company

Jerry R. Henderson alleges that his signature was forged in the settlement of one of his claims and, therefore, a purportedly agreed motion to dismiss was granted without his knowledge, consent, or participation. He appeals the dismissal with prejudice of the Estate of Melchor Guerrero and Texas Farm Bureau Casualty Insurance Company.1 Henderson had sued the Estate, Texas Farm, Pilgrim’s Pride C

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Latonya Monique Holmes v. Richard Ranee, M.D.

Latonya Monique Holmes, Administrator of the Estate of Tyron Anton Holmes sued Richard Ranee, M.D., Saint Francis Hospital South, LLC, St. Francis Hospital, Inc., Lab Medicine of Greater Tulsa, P.C., Tulsa Medical Laboratory, LLC, Floral Haven Funeral Home, Floral Haven Funeral Home, Inc., Board of Medicolegal Investigations, North Star Memorial Group, LLC, North Star Funeral Service of Oklahoma,

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Laki Kaahumanu v. State of Hawaii

Plaintiffs are Laki Kaahumanu, a Native Hawaiian pastor who performs religious wedding ceremonies, and Maui Wedding and Event Professionals Association (“Event Professionals”), an association of individuals and businesses providing commercial services for weddings. Defendants are the State of Hawai’i Department of Land and Natural Resources (“DLNR”), which manages, controls and administe

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David M. Coover, Jr. v. Enerfin Field Services, LLC

David M. Coover Jr. and Joe McManus, as trustees of the Frank A. Cech Testamentary Trust for the Use and Benefit of Charles Trefflich, Charlotte Groner, and the Children of Charlotte Groner, and as trustees of the Mary Cech Trefflich Testamentary Trust for the Use and Benefit of Charlotte Groner and the Children of Charlotte Groner, and Charles E. Trefflich III, Individually and as Independent Exe

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Price Otho Hubbard, Jr. v. Marc G. Rosenthal

This dispute involves a probate court’s apportionment of $100,000 received from the settlement of a wrongful-death and survival action. Raising seven issues, Appellant Price Otho Hubbard Jr. complains about the apportionment. We will affirm.

BACKGROUND

This case arose out of a house fire in February 2006 that left three children dead and another severely injured. Among the children

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State of Oklahoma v. Bezdicek

¶1 The State of Oklahoma, Appellant, has appealed to this Court from an order of the District Court of Garfield County sustaining a magistrate's ruling which granted Appellee's motion to suppress evidence in Case No. CF-2000-619. In that case, the State filed an Information charging Appellee with the crime of Intercepting Oral Communication By an Electronic Device. The Information alleged that on

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Red River Freethinkers v. City of Fargo

Government displays of the Ten Commandments sometimes will violate the Establishment Clause of the First Amendment, see McCreary Cnty., Ky. v. ACLU of Ky., 545 U.S. 844 (2005), other times they will not, see Van Orden v. Perry, 545 U.S. 577 (2005).

This appeal presents the question whether a city commission’s adoption of an initiated ordinance that in effect countermanded the commission

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Nancy K. Alanis v. Edward F. Valdespino

Nancy K. Alanis sued Edward F. Valdespino and Strasburger & Price, LLP, asserting seven claims based on allegations that she was wrongfully deprived of payment of a portion of the proceeds awarded in a separate condemnation proceeding. Nancy also sued Artemio A. Alanis, Jr. for fraud and conversion based on the same allegations. Two claims were dismissed when Nancy failed to timely amend her plead

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John Shavers v. Sunbelt Equipment Marketing, Inc.

Sunbelt Equipment Marketing, Inc., sued Jens Lorenz and John Shavers in connection with a contract for the leasing and damage to heavy equipment. Lorenz and Shavers appeal from the trial court’s judgment rendered against them on June 6, 2011. Because Lorenz and Shavers entered a general appearance and participated in a partnership, and because the evidence is sufficient to support Sunbelt’s fr

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Note Portfolio Advisors, LLC v. Adrienne M. Wilson

{¶1} Plaintiff-appellant, Note Portfolio Advisors, LLC, appeals the decision of the Cuyahoga County Court of Common Pleas that dismissed the case with prejudice. For the reasons stated herein, we affirm.

{¶2} Appellant filed a foreclosure action against defendant-appellee, Adrienne M. Wilson, on December 10, 2010.1 The complaint alleges that appellant is the owner and holder of a promisso

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Peter Paul Toland, Jr. v. Akiko Futagi

This case involves the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 9.5-101 to 9.5-318 of the Family Law Article, Maryland Code (1984, 2006 Repl. Vol.).1 Peter Paul Toland, Jr.,2 Appellant, challenges the Circuit Court for Montgomery County’s determination that a Japanese decree providing guardianship of his minor child to the child’s grandmother, Akik

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Robert William Clayton v. State of Oklahoma

¶1 Robert William Clayton, Petitioner, was convicted of Murder in the First Degree and sentenced to death in the District Court of Tulsa County, Case No. CRF-85-2501. Judgment and sentence were affirmed by this Court in Clayton v. State, 840 P.2d 18 (Okl.Cr. 1992), cert. denied, ___ U.S. ___, 113 S.Ct. 1655, 123 L.Ed.2d 275 (1993). Petitioner's subsequent Application for Post Conviction Relief wa

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David Clickner, et ux. v. Magothy River Association, Inc., et al.

Six individuals and the Magothy River Association, Inc. (collectively, “Association” or “Appellees”) brought suit against the recent purchasers of Dobbins Island, David and Diana Clickner (“Clickners” or “Appellants”), seeking to establish a public right to use a beach located alongside the island’s northern crescent area. Following a bench trial on the merits, the trial judge de

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Robert S. Cochran, Jr. v. Griffith Energy Services, Inc.

In this case, we apply the principles of res judicata in deciding whether a pair of adult children (“Petitioners”) may proceed with a lawsuit against an energy company that spilled heating oil in their parents’ home. Their parents (“Cochran Parents” or “Parents”) had previously sued Griffith Energy Services (“Griffith”), the same company, and won a judgment after a jury trial.

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