Res Ipsa Loquitur Law
 
Charter Oak Productions Co., L.L.C. v. Adrian O'Shea Morgan

¶1 Plaintiff/Appellant, Charter Oak Production Co., L.L.C., appeals from the trial court's order granting the dismissal motions of Defendants/Appellees, Adrian O'Shea Morgan and BNO Enterprises, L.L.C., on the ground Plaintiff did not have standing to bring this action as an "operator" under the Surface Damages Act (Act), 52 O.S. 2001 §318.2 et seq. For the reasons set forth below, we reverse an

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Eker Brothers, Inc. v. John G. Rehders, General Contractor, Inc.

{1} Eker Brothers, Inc. (Subcontractor) sued John G. Rehders, General Contractor, Inc. (General) seeking payment for work Subcontractor had performed. The district court found that Subcontractor was owed $74,964.05 and that General had incurred $42,448.20 in damages, but that Subcontractor’s “claims [were] barred by its willful, material[,] and 1It would appear that the additional $0.09 is a t

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Kalindi McAlpine v. Shaun Pacarro

A mother appeals the superior court’s denial of an evidentiary hearing for her motion to modify child custody. Because the mother was entitled to an evidentiary hearing in this case, we remand for further proceedings.

II. FACTS AND PROCEEDINGS

A. Facts

In December 1999, while Kalindi McAlpine and Shaun Pacarro were living together, Shaun assaulted Kalindi. Shaun pleaded guil

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Phillip Emerson v. Gregory J. Lioce

In this petition for extraordinary writ relief, we consider whether the district court can impose sanctions after it enters an order dismissing a case with prejudice pursuant to a stipulation of the parties under NRCP 41(a)(1)(ii). In resolving this issue, we initially address whether the district court has jurisdiction to impose sanctions after a stipulated dismissal. We conclude that the distr

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G.C. Wallace, Inc. v. Reef Centrapoint B2348, Inc.

In this original petition for a writ of mandamus, we consider whether a landlord who seeks summary eviction in justice court under NRS 40.253[1] against a tenant is precluded from subsequently bringing a damages claim in district court for breach of the lease agreement. In the underlying matter, the landlord prevailed in the summary eviction proceeding in justice court and thereafter filed a clai

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Peter J. Palka v. City of Chicago and Matthe Tobias

In 2007 Peter Palka was dismissed as a probationary police officer in the officer-training program at the Chicago Police Academy. He claims he was fired because of his Polish ethnicity. The City says he was terminated because he violated departmental rules and repeatedly flunked the firearms exam. Peter’s father, Tadeusz Palka, a Cook County Deputy Sheriff, contacted Matthew Tobias, Peter’s su

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Paola Oviedo v. Gregg M. Hallbauer

Paola Oviedo appeals from the decision of the district court dismissing the case after (1) refusing to remand her state court medical negligence claim against two purportedly federally-affiliated doctors, (2) vacating her state court default judgment, and (3) substituting the United States as the defendant. We agree with the appellant that the finality of the state court judgment at the time of re

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Gray Wireline Service, Inc. v. Larry R. Cavanna

This is an interlocutory appeal from three orders that (1) reformed several employment agreements, (2) compelled arbitration in part and denied a stay of the balance of the litigation involving third parties during the pendency of the arbitration, and (3) granted a temporary injunction. See TEX. CIV. PRAC. & REMEDIES CODE ANN. § 51.016 (West 2008). Gray Wireline Service, Inc. complains that the t

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Frances Ramirez Leyva v. Crystal City, Texas

Frances Ramirez Leyva appeals from the trial court’s order granting Crystal City’s plea to the jurisdiction and dismissing her suit under the Texas Whistleblower Act. See TEX. GOV’T CODE ANN. §§ 554.001-.010 (West 2004). We reverse the court’s order and remand to the trial court for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Frances Leyva was employed by Crystal

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Phillip and Benita Young v. Emilio and Mary Sanchez

Phillip and Benita Young appeal the trial court’s summary judgment rendered in favor of Emilio and Mary Sanchez, claiming in part that the court had no jurisdiction to grant summary judgment. We affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This case began in 2003 as a dispute between neighbors Phillip and Benita Young and Emilio and Mary Sanchez over a con

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Town of Flower Mound, Texas v. Mockingbird Pipeline, L.P.

Appellant Town of Flower Mound, Texas, attempts to bring an interlocutory appeal of the Denton County Probate Court’s denial of its plea to the jurisdiction in favor of Appellee Mockingbird Pipeline, L.P. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West 2008). We dismiss the appeal for want of jurisdiction.

II. Factual and Procedural Background

Mockingbird, a gas corpo

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Alfred Ocasio v. Federal Express Corporation

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a

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Karen Hall v. City of Bryan, Texas

The City of Bryan annexed part of Karen Hall’s property in 1999. For the second time, she sued the City for disannexation. See TEX. LOC. GOV'T CODE ANN. § 43.141(b) (West 2008). Because the trial court did not err in failing to file findings of fact and conclusions of law or in granting the City’s plea to the jurisdiction, we affirm the trial court’s judgment.

BACKGROUND

On Ju

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City of Beaumont, Texas v. Jay Brocato and wife, Valerie Brocato, Individually and as Next Friends of M.B.

After a jury trial, appellant City of Beaumont, Texas (―the City‖) appeals the trial court‘s determination of its subject-matter jurisdiction, as well as trial issues. We reverse the trial court‘s judgment and remand the case for a new trial.

BACKGROUND

Appellees Jay Brocato and wife Valerie Brocato, individually and as next friends of M.B. (―the Brocatos‖), filed suit ag

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J. Luecke Grandchildren's Partnership, LP v. Barnard Ranches, LLC; Michael A. Barnard and Margot A. Barnard

This interlocutory appeal is from a temporary injunction that ordered appellant J. Luecke Grandchildren's Partnership, LP (Luecke) to keep a gate on its land open pending trial. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (West 2008). Luecke's gate is across an easement that passes through Luecke's land and affords appellees Barnard Ranches, LLC, Michael A. Barnard, and Margot A. Barnard

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Patricia Tyson v. Chicago Title Insurance Company

Before Division Two: James M. Smart, Jr., P.J., Mark D. Pfeiffer and Cynthia L. Martin, JJ. Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two u

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Laura B. Downs v. Eldon Bugg

Eldon Bugg ("Bugg") appeals from the trial court's judgment approving a Statement of Account, entering an Order of Complete Settlement, and discharging the Personal Representative. Bugg contends that the trial court erred in: (1) not disqualifying trial court judge, Deborah Daniels ("Judge Daniels"), because Bugg timely filed an application for disqualification; and (2) overruling Bugg's objection

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Patricia Tyson v. Chicago Title Insurance Company

Chicago Title Insurance Co. ("Chicago Title") appeals the circuit court's entry of judgment in favor of Patricia Tyson, Respondent, on her petition for damages for negligence. We reverse.

Statement of Facts

This case involves switched legal descriptions in relation to two properties (two units of a duplex) located in Jackson County, Missouri, with street addresses of 106 and 108 SW D

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In the Matter of the Adoption of G.D.J.

¶1 The Petitioners/Appellees, Teryl Pearson and Robert Pearson (Pearsons) petitioned to adopt Teryl Pearson's (Pearson) grandson, G.D.J. (FA 2008-24, Jackson County, Oklahoma) by filing a Petition for Adoption, and an Application to Adjudicate Minor Eligible for Adoption Without Consent of the Natural Mother. The natural mother, Tessia Bre Stubbs (Stubbs), Respondent/Appellant, contested the adop

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Jeffrey Naier v. Roz-Lynn Beckenstein

The principal proposition presented in this appeal is whether a beneficiary of a trust has standing to maintain an action claiming impropriety on the part of a third party who settled a prior case with the trustee. On the facts presented in this matter, we hold that the beneficiary does not have such standing.

The plaintiffs, Jeffrey Naier and Andrea Naier, both individually and in their ca

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Diana Michele Milton v. Dorothy Robinson

The plaintiffs, Diana Michele Milton and her husband, Clive Milton,1 appeal from the summary judgment rendered by the trial court in favor of the defendants, Biogen Idec, Inc. (Biogen), Yale University School of Medicine (university) and Yale-New Haven Hospital (hospital).2 On appeal, the plaintiff claims that the court (1) erroneously ordered a Porter3 hearing regarding one of her expert witnesse

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Robert B. Barton v. City of Norwalk

The defendant, the city of Norwalk, appeals from the judgment of the trial court denying its motion for summary judgment against the plaintiff, Robert B. Barton. The defendant claims that the court improperly concluded that the plaintiff’s inverse condemnation action was not precluded by (1) the existence of a judgment in a related eminent domain proceeding, (2) the doctrine of res judicata and

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Alfred Ocasio v. Federal Express Corporation

In this personal injury case, the plaintiff, Alfred Ocasio, appeals the entry of judgment in favor of the defendant, Federal Express Corporation (FedEx). He argues that the Trial Court (Barry, J.) erred when it allowed the jury to apportion fault to his employer, the United States Postal Service (USPS), and when, despite the jury’s $1,445,700 verdict in his favor, it entered judgment for FedEx a

More...   $0 (09-22-2011 - NH)

El Paso County v. Laura Solorzano

This is an interlocutory appeal by the County of El Paso from the denial of its plea to the jurisdiction of Laura Solorzano’s claims under the Texas Tort Claims Act, the Fourth and Fourteenth Amendments of the U.S. Constitution, and 42 U.S.C. § 1983 for personal injury.

In February 2006, Daniel Reyes was a participant in the Samuel F. Santana Challenge Boot Camp Program while

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Severe Records, et al. v. John Rich

Plaintiff Mark Christopher “Chris” Sevier authored a song entitled “Better.” Defendant Shanna Crooks recorded the song and, because they were pleased with the results, they co-authored and recorded a second song, “Watching Me Leave.” Their relationship then collapsed, Crooks signed as a recording artist with unrelated recording and management companies, and various accusations and

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AK Morlan
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