Res Ipsa Loquitur Law
 
David Schmidt v. Celgene Corporation

Plaintiff David Schmidt appeals from the dismissal of a complaint charging his employer, Celgene Corporation, and one of Celgene's customers, CVS/Caremark Corporation (Caremark), with violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Schmidt filed the complaint well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, while he had a breach of contract

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Paulette Cassel-Hess v. Norman K. Hoffer

Appellant, Paulette Cassel-Hess, appeals from the order entered on March 29, 2011, granting summary judgment to Norman K. Hoffer and Matthew D. Hoffer, d/b/a 4507 Associates (collectively “Appellees”). We affirm in part, vacate in part, and remand.

On October 9, 2009, Appellant instituted the current action by filing a complaint against Appellees. As averred within the complaint, Appell

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E-Shops Corp. v. U.S. Bank National Association

After receiving a number of chargebacks resulting from fraudulent use of U.S. Bank National Association (“U.S. Bank”) credit cards, E-Shops Corp. (“E-Shops”) filed a class action complaint alleging U.S. Bank knowingly allowed itself to be an instrument of the fraud, thereby making E-Shops’s performance under its contract with its merchant bank more expensive. The district court1 dismisse

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Guincey Gerald Keeler v. Aramark

Plaintiff Quincey Gerald Keeler appeals the district court’s grant of summary judgment in favor of his employer, Aramark Healthcare Support Services, LLC (Aramark) and his supervisor, Larry Gengler. He challenges the district court’s * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this

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Harris Schwartzberg v. Kim K. Knoblock

The Appellants, Harris Schwartzberg, Maxwell Stolzberg, and multiple trusts are among the defendants in nursing home litigation brought by the Appellee, Kim K. Knobloch, as the personal representative of the Estate of William Knobloch, deceased. The Appellants challenge the circuit court's order denying their motions to dismiss for lack of personal jurisdiction.1 Because Ms. Knobloch failed to est

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Guillermo Herrera v. Churchill McGee, LLC

Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission

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Jiles Daniels v. Empty Eye, Inc., Empty Eye & Associates, L.P.

Jiles Daniels was sued by his former wife Judith Daniels and two of the former couple’s businesses for breach of fiduciary duty and breach of contract. A jury found that Jiles owed a fiduciary duty to the company in which he previously had been a limited partner and that he breached his fiduciary duty both to the limited partnership and to the corporation that served as the general partner. The

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Mary Frances Haferkamp v. Leonard Grunstein

The trial court granted Leonard Grunstein’s and Murray Forman’s special appearance in Mary Frances Haferkamp’s lawsuit against them. We affirm.

Background Facts

Appellant is a former employee of Mariner Healthcare Management Company. She filed suit against Mariner Healthcare Management Company; SSC Waco Greenview Operating Company, LP; SSC Pasadena Vista Operatin

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Estate of Michael Joyce v. Commercial Welding Co.

[¶1] Commercial Welding Co. appeals from a decision of a Workers’ Compensation Board hearing officer (Collier, HO) awarding the estate of Michael Joyce (Estate) benefits on a petition for an award of compensation pursuant to the Occupational Disease Law, 39-A M.R.S. §§ 601-615 (2011), and ordering benefits paid to Mary Joyce, widow of Michael, on a petition for death benefits pursuant to 39-A

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Joan B. Orr v. R.L. Edens

¶1 Appellants (Plaintiffs below) initiated this proceeding in the nature of a shareholders' derivative suit, 18 O.S. 1991 § 1126 . In a derivative suit, the real controversy is between the corporation and the persons whose acts are complained of. The corporation is the real or beneficial plaintiff, even though it is joined as a party defendant. A derivative suit is equitable in nature, even if p

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City of Abelene v. Victoria Carter

This is an interlocutory appeal from the trial court’s denial, in part, of the City of Abilene’s plea to the jurisdiction. Victoria Carter, appellee, brought tort claims as well as consti-tutional claims against the City to recover for water damage done to her property. She also sued to recover payments she made for water bills incurred during the time that water was leaking at her property.

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Mark H. Henry, M.D. v. Marcos V. Masson, M.D.

This case concerns breaches of a settlement agreement that attempted to resolve the differences between appellant, Mark Henry, and appellee, Marcos Masson. A jury found that both parties materially breached the Settlement Agreement, but it awarded damages only to Masson. In a previous opinion in this case, we affirmed the verdict in favor of Masson and reversed the trial court’s ruling that He

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Orlando Salinas v. Meaux Surface Protection, Inc.

This is a personal-injury suit stemming from a one-car accident that occurred when plaintiff-appellant Orlando Salinas was a passenger in his supervisor’s vehicle travelling home to Texas from a worksite in Louisiana. Salinas challenges the trial court’s granting summary judgment in his employer’s favor. We affirm.

Background

Salinas and his supervisor, defendant Octave

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Rex Gilbert, Jr. v. Residential Funding LLC

Rex and Daniela Gilbert appeal the district court’s dismissal of their claim that Deutsche Bank Trust Company Americas (Deutsche), as trustee for Residential Accredit Loans, Inc. (RAL); David A. Simpson (Simpson), substitute trustee; Residential Funding LLC (RFL); and GMAC Mortgage LLC (GMAC) violated various consumer protection laws in connection with a mortgage the Gilberts secured on their ho

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Ahmad Jajeh v. County of Cook

Dr. Ahmad Jajeh was an attending physician in the Hematology/Oncology Department at John H. Stroger, Jr. Hospital of Cook County, until extensive budget cuts forced the County to lay off over 200 physicians, including Dr. Jajeh. Following his termination, Dr. Jajeh brought suit in district court claiming he was subjected to discrimination on the basis of his religion and national origin, and termi

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Edna Gayle Bovey v. Caren J. Coffey

Caren J. Coffey, Independent Executrix of the Estate of Elton Bovey, obtained a default judgment against Edna Gayle Bovey (“Bovey”) and the trial court awarded certain property to the estate. Coffey filed a complaint for forcible entry and detainer to remove Bovey from the property, but the Justice of the Peace granted judgment in favor of Bovey. Coffey appealed to the County Court at Law No.

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Vickie Smith Gedney v. Gregory Gerald Gedney

Gregory Gerald Gedney filed a petition for divorce from Vickie Smith Gedney. The trial court granted the divorce and signed a final judgment. Neither party appealed. A year later, Greg filed a motion for judgment nunc pro tunc and a motion for contempt and enforcement. The trial court signed the judgment nunc pro tunc. Three months later, the trial court found Vickie in contempt, sentenced her to

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Berthel Land and Livestock v. Rockies Express Pipeline, LLC fka Entrega Gas Pipeline, LLC

[¶1] Berthel Land and Livestock (Berthel) entered into a Pipeline Easement Agreement (Agreement) with Rockies Express Pipeline (Rockies Express). After completion of the pipeline, Berthel filed an action against Rockies Express asserting claims for breach of contract and fraudulent inducement. The breach of contract claims alleged a failure to remove rock from the property and a failure to provid

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Gary Olsen v. Neil Milner

¶1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District’s grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass.

¶2 We restate the issues as follows:

¶3 Issue one: Did the District Court err in determining that Olsen’s claims were not barred b

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Heather W. v. Rudy R.

Rudy R. moved to modify the agreement through which he and Heather W. share 50-50 custody of their daughter. He argued that recent legal troubles and instability in Heather’s life amount to changed circumstances that required modifying the custody agreement in the child’s best interests. The superior court agreed. Heather now appeals, arguing that the evidence does not show that any of her cha

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Thomas Schultz v. Butterball, LLC

The instant appeal involves a challenge to a wage-withholding order stemming from child-support arrearages. Appellant Thomas Schultz appeals the order of the Franklin County Circuit Court dismissing his complaint against Appellee Butterball, LLC, his employer, wherein Appellant sought to restrain Appellee from any further wage withholdings, as well as damages to compensate him for the wages alread

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Riley McCoy v. The Hereshewe Law Firm, P.C.

The Hershewe Law Firm ("HLF") appeals the ruling of the circuit court of Jackson County determining the value of the law firm's claim in quantum meruit for attorneys' fees in a personal injury contingency case. HLF contends that the trial court erred in refusing to transfer the venue of the attorneys' fee determination to Jasper County, the county in which the law firm's office is located. The fir

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Marcie Isaacson v. Joe B. Isaacson

Plaintiff Marcie Isaacson appeals from the district court’s grant of summary judgment to her ex-husband, defendant Joe B. Isaacson, D.D.S., and its denial of her motion for partial summary judgment in this suit alleging violations of the Oklahoma wiretap act, formally known as the Security of Communications Act, Okla. Stat. tit. 13, §§ 176.1-176.14, and the federal wiretap act, formally known

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Johnnie W. Brooks v. Davey Tree Expert Company

Plaintiff-Appellant Johnnie Brooks, Jr. appeals from the order and judgment of the district court granting Defendant-Appellee The Davey Tree Expert Company’s motion for summary judgment in this action under the Age Discrimination Employment Act, 29 U.S.C. § 621 et seq. (“the ADEA”). As explained below, because Brooks has established a prima facie case of age discrimination and has submitted

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Center for Special Needs, etc. v. Carol Olson, etc.

This case addresses the effect of a pooled special-needs trust created by an over-65-year-old beneficiary on his Medicaid benefits. The Center for Special Needs Trust Administration, a section 501(c)(3) non-profit, appeals a summary judgment in favor of the North Dakota Department of Human Services. Invoking 42 U.S.C. § 1983 and the Constitution’s Supremacy Clause, Article VI, clause 2, the Cen

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