Res Ipsa Loquitur Law
 
Raymond B. Bielskis v. Louisville Ladder, Inc.

high mini-scaffold and injuring his hand and knee, Raymond B. Bielskis brought this product liability action against Louisville Ladder, Incorporated, the manufacturer of the scaffold. The district court granted Louisville Ladder’s motion to bar the trial testimony of Bielskis’s expert witness, Neil J. Mizen. Subsequently, the district court granted Louisville Ladder’s motion for summary judg

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Luis Carlos Josendis v. Wall To Wall Residence Repairs, Inc.

This is a Fair Labor Standards Act case. Luis Carlos Josendis sued his former employer, Wall to Wall Residence Repairs, Inc.,1 for unpaid overtime and back wages pursuant to the Fair Labor Standards Act of 1938 (the “FLSA”),2 its implementing regulations, and Florida law for unpaid overtime and back wages. Wall to Wall moved to dismiss the complaint pursuant to Federal Rule of Civil Procedure

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George H. Russell v. Waterwood Improvement Association, Inc.

This is an appeal from the trial court‟s grant of a temporary injunction restraining George and Suzanne Russell from interfering with the Waterwood Improvement Association‟s (“WIA”) maintenance of Waterwood Parkway. Appellants argue that the trial court erred in finding that WIA established a probable right to recovery, in improperly restricting their right to free speech, and in drafting

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Friends of the Norbeck v. United States Forest Service

Friends of the Norbeck and Native Ecosystems Council (collectively Friends of the Norbeck) brought this action against the United States Forest Service in connection with its Norbeck Wildlife Project (the Project). The State of South Dakota and the South Dakota Department of Game, Fish, and Parks (collectively South Dakota) intervened to defend the Project. The district court1 dismissed the compla

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Tarika Kelly v. Marvin's Midtown Chiropractic, LLC

Marvin’s Midtown Chiropractic, LLC, appeals the judgments of the trial court denying its claims for statutory liens on the proceeds of Tarika Kelly’s and Marie Espino’s personal injury settlements. It contends that the trial court erroneously declared that it was not entitled to a hospital lien under section 430.225, RSMo Cum. Supp. 2011, because it was not supported in whole or in part by c

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Mary Sloan v. Chelsea Community Hospital

Defendant Chelsea Community Hospital appeals as of right the judgment on the jury verdict in plaintiff Mary Sloan’s favor finding Chelsea Community Hospital negligent after another patient raped Sloan. We affirm.

I. FACTS

In October 2006, Sloan was involuntarily admitted to Chelsea Community Hospital after she attempted to commit suicide. Shortly after her arrival, Sloan and her ro

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Frank H. Richter v. Village of Oak Brook

¶ 1 The plaintiff, Frank Richter, was a firefighter employed by the fire department of the
defendant, the Village of Oak Brook. He sustained certain injuries and developed certain
conditions related to his job, and filed several workers’ compensation claims relating to those
injuries and conditions. He and the defendant settled his workers’ compensation claims, and
the pension

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Robert E. Taylor, Sr. v. Police Board of the City of Chicago

¶ 1 Plaintiff Robert E. Taylor, Sr. appeals the decision of the Police Board of the City of
Chicago (Board) discharging him from his position as a Chicago police officer for committing
perjury in violation of Rule 1 of the Chicago Police Department (Department), which prohibits
"[v]iolation of any law or ordinance," and for making false statements before two different
tribunals in

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Yolanda Asnderson v. Sean D. Anderson

¶ 1 Defendants Sean D. Anderson and Frank A. Fratto appeal a ruling of the circuit court of
Cook County granting a postjudgment motion for a new trial. Sean Anderson and Fratto
contend that the trial court’s ruling should be reversed because the jury’s verdicts were not
legally inconsistent or against the manifest weight of the evidence; thus the order granting
a new trial was

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Korey Currie v. Wisconsin Central, Ltd.

¶ 1 Plaintiff, Korey Currie, is appealing the decision of the circuit court which granted
defendant’s motion to dismiss plaintiff’s complaint based on res judicata. The trial court
found that the claims were precluded by the federal class action decree in Barnes v. Canadian
National Railroad, No. 04-1249, Final Approval Order (N.D. Ill. Jan. 7, 2010) (Barnes class
action).

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Maria Guadalupe Sosa Razo v. Hector Cuevas Vargas

This is an appeal from orders of the trial court in an international child custody dispute. Appellee Hector Cuevas Vargas (“Hector”) registered the decrees of a Mexican civil court regarding custody of the child, G.S., in Texas state court and asked that they be confirmed and enforced. Appellant Maria Guadalupe Sosa Razo (“Maria”) asked for a hearing to contest the validity of the regist

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Wayne Pearson v. BP Products North America, Inc.

In 2005, as a precaution due to Hurricane Rita, BP Products North America (“BP” or the “Appellant”) decided to shut down all of its Texas City Refinery (the “Refinery”). Following Hurricane Rita, BP decided to audit, evaluate, and “turn around” each of the units at the Refinery on an individual basis before resuming production. To complete the turnaround, BP used independent contra

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Karl Thun v. City Of Bonney Lake

The ripeness doctrine ensures that regulatory takings claims are not

litigated before they are fully developed at the local level. Because land use decisions involve a

great deal of government discretion, courts must be careful not to weigh in on a dispute until the

government has had an opportunity to render a final decision regarding the use of the land in

quest

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James O'Neill v. Louisville/Jefferson County Metro Government

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin

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James O'Neill v. Louisville/Jefferson County Metro Gov't

This is perhaps the dog-gonest case ever to reach a federal appellate court. In October 2008, several uniformed officers of the Louisville Metro Animal Services (LMAS) intruded into the O’Neills’ home without a warrant and without consent, confiscated the O’Neills’ two adult dogs and the dogs’ litter of seven puppies, neutered and spayed the adult dogs and implanted microchips in all nin

More...   $0 (11-08-2011 - OH)

Gerard Keating v. Nebraska Public Power District

Several Nebraska farmers filed suit under 42 U.S.C. § 1983, alleging their due process rights were violated when Nebraska officials ordered the farmers to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing. We reversed the district court’s prior dismissal and remanded the matter to the court with specific instructions. On remand, the district court1 deter

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Gerard J. Keating v. Nebraska Public Power District

Several Nebraska farmers filed suit under 42 U.S.C. § 1983, alleging their due process rights were violated when Nebraska officials ordered the farmers to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing. We reversed the district court’s prior dismissal and remanded the matter to the court with specific instructions. On remand, the district court deter

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Charles Raymond Wheeler v. Commissioner of Internal Revenue

Petitioner Charles Raymond Wheeler appeals from a Tax Court decision finding him liable for (1) income-tax deficiencies for the years 2002, 2004, and 2005; (2) additions to tax for those years under 26 U.S.C. § 6651(a)(1) (failure to file return), id. § 6651(a)(2) (failure to pay amount shown as tax on return), and * After examining the briefs and appellate record, this panel has determined una

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Diamond Offshore (Bermuda), Ltd. v. Suzanne Elisabeth Haaksman

Diamond Offshore (Bermuda), Ltd. appeals the trial court‘s recognition, pursuant to the Texas Uniform Foreign Country Money-Judgments Recognition Act,1 of two judgments rendered by a court in The Netherlands in favor of Duncan Burn Quinn and Thomas Joseph McCartney. Because we conclude that the trial court erred by denying Diamond Bermuda‘s motion for nonrecognition, we reverse and render.

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Dallas County, Texas v. Roy Logan

In this interlocutory appeal, appellant Dallas County, Texas, asserts a single issue challenging the trial court's denial of its plea to the jurisdiction in a suit brought by appellee Roy Logan pursuant to the Texas Whistleblower Act. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 2004). For the reasons below, we affirm the trial court's order.

I. FACTUAL AND PROCEDURAL BACKGROUND

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Ginger Hinch Durio v. Horace Mann Insurance Company

This writ application arises from Plaintiff’s claims for property damage to her home following Hurricane Rita and for damages and penalties against her homeowner’s insurer pursuant to La. R.S. 22:658 and La. R.S. 22:1220.1 We granted the writ application primarily to review the correctness of the rulings of the lower courts applying the penalty provision of La. R.S. 22:1220(C) to contractual d

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In re Marriage of Terry Tutor and Brian Tutor

¶ 1 Respondent, Brian Tutor, appeals an order awarding petitioner, Terry Tutor, postjudgment interest for Brian’s failure to make timely payments he owed Terry for her share of the parties’ marital estate. On appeal, Brian argues that (1) the trial court erred by granting the petition for postjudgment interest, because the parties entered into a settlement agreement that did not provide for i

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Jeanette Rick v. Wyeth, Inc.

In 2004 and 2005, appellants, citizens of New York, sued the appellee pharmaceutical companies in New York state court claiming that appellees’ hormone replacement therapy drugs caused appellants to develop breast cancer. After substantial discovery, appellees moved for summary judgment on the ground that the claims were time-barred under the three-year New York statute of limitations. Appellant

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Alvin Peterson v. Todd Sando

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[¶1] Alvin Peterson appealed and the State Engineer, Todd Sando, cross-appealed from a district court judgment affirming in part and reversing in part a State Engineer order determining there was an unauthorized dam on Peterson's property in Walsh County and requiring Peterson to construct a drainage ditch to maintain water impounded by the dam at a level of 1543.5 feet mean sea level. T

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Edward J. Tarnavsky v. David A. Tschider

[¶1] Edward Tarnavsky appeals from a district court order denying his N.D.R.Civ.P. 60(b) motion for relief from a judgment dismissing his action against David Tschider--an attorney who represented Tarnavsky's brother and sister-in-law in previous cases where Tarnavsky was the adverse party--for various claims of fraud, deceit, and misrepresentation. Tarnavsky also submitted a motion for leave to

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