Res Ipsa Loquitur Law
 
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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GoPets LTD. v. Edward Hise

The Anticybersquatting Consumer Protection Act (“ACPA”) prohibits “cybersquatters” from registering internet domain names that are identical or confusingly similar to registered service marks and trademarks. See 15 U.S.C. § 1125(d)(1). The prohibition contained in § 1125(d)(1) applies when a domain name is identical or confusingly similar to a mark that is distinctive “at the time of

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GoPets LTD. v. Edward Hise


The Anticybersquatting Consumer Protection Act
(“ACPA”) prohibits “cybersquatters” from registering internet
domain names that are identical or confusingly similar to registered
service marks and trademarks. See 15 U.S.C.
§ 1125(d)(1). The prohibition contained in § 1125(d)(1)
applies when a domain name is identical or confusingly similar
to a mark that is di

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Donna Hennigan v. Alicia White

Plaintiff Donna Hennigan sued defendant Alicia White, White‟s business, Dermatique Day Spa and Permanent Cosmetics, and Premier Pigments, claiming the defendants manufactured and injected defective permanent makeup into her eyelids and eyebrows, causing injuries to her face. She alleged causes of action for negligence and products liability. White moved for summary judgment, and the trial court

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Keri Hagler v. Coastal Farm Holdings, Inc.

2 Plaintiff sustained injuries at the Coastal Farm and Supply hardware store
3 in Oregon City when a post pounder fell and struck her foot. Plaintiff brought this action
4 for negligence against defendant, Coastal Farm Holdings, Inc., the owner of the store.
5 The trial court granted defendant's motion for summary judgment and subsequently
6 entered judgment against plaintiff. On a

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Matthew Marolla v. Department of Public Safety Standards and Training

2 Petitioner seeks review of a final order issued by the Department of Public
3 Safety Standards and Training (DPSST) that revoked petitioner's certification to work as
4 a police officer. This case turns on whether DPSST's administrative rule that requires
5 revocation of certification when an officer is found to have been discharged for cause is
6 consistent with ORS 181.662(4).

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Meanith Huon v. Johnson & Bell, Ltd.

Meanith Huon is a lawyer representing himself in this appeal. After he was fired from his job as an associate at Johnson & Bell, he initiated two lawsuits against the firm and three of its other attorneys. He filed his first action in state court, asserting state-law claims of defamation and intentional infliction of emotional distress resulting from allegedly damaging annual performance evaluatio

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Christopher Yancey v. Timothy Thomas

Christopher Yancey filed an action in the United States District Court for the Western District of Oklahoma contending that Oklahoma state-court rulings terminating his parental rights over his Indian child were invalid under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963. The district court dismissed his action, determining that either federal abstention was mandated, or the action

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Lisa Davis v. Corey G. Davis

¶1 Corey G. Davis appeals several aspects of the trial court’s ruling on Lisa Davis’s 2008 petition to modify the parties’ divorce decree. Lisa cross‐appeals, challenging the trial court’s ruling on her request for attorney fees and requesting fees on appeal. We affirm in part and reverse in part.

BACKGROUND

¶2 The parties were divorced by a Decree of Divorce entered May

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Sharon Swank Backhus v. Haven Lyn Werchan Wisnoski

Appellants, Sharon Swank Backhus, Benjamin F. Swank, III, Shannon Lea Werchan Pickering, Swank Turner Backhus, Benjamin Fontaine Swank, IV, Christian Harris Swank, and Suzanne Swank Porter, appeal a summary judgment in favor of appellees, Haven Lyn Werchan Wisnoski and Shane Alan Werchan, denying appellants’ request for declaratory relief relative to an attempt to partition certain real property

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Sherrylene Garcia v. Shell Oil Company and Gustavo Pennilla d/b/a Quality Turbo Services

Appellant, Sherrylene Garcia, appeals the trial court’s grants of summary judgment in favor of appellees, Shell Oil Company and Gustavo Penilla d/b/a Quality Thermo Services. In one issue, Garcia argues the trial court erred in granting summary judgment (1) on her sexual harassment claims on the basis of res judicata and (2) on her intentional infliction of emotional distress claims on the basi

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Jerry Bailey v. Safeway, Inc.

After appellant Jerry Bailey (Bailey) suffered an eye injury when a bottle of Cook‟s Champagne exploded as he was erecting a sales display in one of respondent Safeway, Inc.‟s (Safeway) stores, Bailey sued the manufacturer of the champagne bottle, Saint-Gobain Containers, Inc. (Saint-Gobain), for strict liability design defect under the consumer expectation theory; Bailey also sued Safeway und

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Lisa Schmidt v. Des Moines Public Schools

This case arises out of a contentious and long-running dispute between Lisa Schmidt and her ex-husband over the education and custody of their three minor children. Schmidt brought this action against two separate groups of defendants. The first is the City of Des Moines and police officers Michelle Strawser1 and Matthieu Dahlen (the “City Defendants”); Schmidt alleges that they unlawfully imp

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Kevvin B. Arnett v. Thomas A. Webster, M.D.

Kevin Arnett, a former prisoner at the Bureau of Prisons Federal Correctional Complex in Terre Haute, Indiana, brought this Bivens action, see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), for cruel and unusual punishment under the Eighth Amendment against a number of prison officials for violations he alleged occurred during his ten month stay there. When Ar

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Donzel M. Page v. National Railroad Passenger Corporation

In the taxonomy of the law, the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., is a platypus. Intended to provide a remedy for injured railroad workers, the FELA "hovers ambivalently between workers' compensation law and the common law of negligence. It is neither, but it partakes of characteristics of both." CSX v. Miller, 159 Md. App. 123, 129 (2004). This case calls us to consider

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Darwin R. Tobias v. Haifax Township

Darwin and Shirley Tobias appeal an order of the Dauphin County Court of Common Pleas granting Halifax Township’s motion for judgment on the pleadings in a civil action arising out of a long-standing dispute between the Tobiases and the Township over the realignment and reconstruction of Keefer Road, which abuts and bisects the Tobiases’ property. The trial court held that the Tobiases’ clai

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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 t

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Robert J. "Bob" Barton v. City of Midwest City

¶1 The plaintiffs, Robert J. "Bob" Barton (Barton); Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992 (Barton Trust); House of Realty, Inc. (HRI); and collectively the following "Tenants", Pamela L. Barton Stober, Sharlett R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Diane Frith, Richard Spriggs, Ric

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Joslyn M. Johnson v. City of Houston

Joslyn Johnson sued the City of Houston (“City”), alleging that the City’s policy preventing police officers from contacting federal immigration authorities violated her state and federal constitutional rights. The district court dismissed Johnson’s case, holding that a previous case Johnson had filed against the City barred the current case under principles of claim preclusion, or res jud

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William A. McGarvey, Jr. v. Steven R. Whittredge

[¶1] This case requires us to revisit a question that we have addressed several times in recent decades: how may the public use intertidal lands on the Maine coast? Specifically, we are asked to determine whether, as a matter of Maine common law, the public has the right to walk across intertidal lands to reach the ocean for purposes of scuba diving. All six justices answer that question in the a

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Bobby W. Sindle v. Livingston Parish School Board

Plaintiffs, Bobby and Tracy Swindle, brought this action for damages under 42 U.S.C. § 1983 on behalf of their minor daughter, Morgan Swindle, who allegedly was deprived of her constitutional rights of procedural and substantive due process and equal protection of the laws when she was expelled from public school and refused alternative education benefits during the 2005-2006 academic school year

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Toni Hollinger v. Home State Mutual Insurance Company

Plaintiffs, appellants and cross appellees Toni Hollinger, Bertha Johnson, Fernando Deluna, Norma Holder, Sandra Duplant, and Patricia Randolph, as class representatives (collectively “the Insured”), filed this class action case alleging violations of the Texas Insurance Code. The Insured allege insurance discrimination in the non-standard insurance market, which serves lower income individual

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Colin Andrew v. Matt Lohr

Colin Andrew appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2006) action without prejudice as unripe for review.* We affirm.

“Ripeness reflects constitutional considerations that implicate ‘Article III limitations on judicial power,’ as well as ‘prudential reasons for refusing to exercise jurisdiction.’” Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 13

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ETC Texas Pipline, LTD v. Grace Moore Payne

In this declaratory-judgment action, appellant, ETC Texas Pipeline, Ltd. (“ETC”), complains about the trial court’s judgment in favor of appellee, Grace Moore Payne. In three issues, ETC argues that: (1) the trial court erred in its interpretation of the underlying agreement, which described the easement at issue in this case; (2) the evidence supporting the trial court’s interpretation

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Edwin Vernon Lockett v. Keith Ericson

In 2005, officers entered Plaintiff-Appellant Edwin Lockett’s (“Lockett”) home without a warrant and obtained evidence that he had driven under the influence of alcohol earlier in the night. The ensuing state prosecution concluded when Lockett pled nolo contendere to a violation of California Vehicle Code section 23103.5(a). Believing the officers violated his Fourth Amendment rights when th

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