Res Ipsa Loquitur Law
 
Timoteo Cuevas v. BAC Home Loans Servicing, LP

Defendants–Appellants BAC Home Loans Servicing, LP (formerly known as Countrywide Home Loans Servicing, LP); Countrywide Home Loans of Texas, Incorporated; and Countrywide Home Loans, Incorporated appeal an order for remand. The district court dismissed the lone federal claim under the Truth in Lending Act (“TILA”), and declined to exercise supplemental jurisdiction over the remaining state

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National Football League Players Association v. Blake's Bar-B-Q, Inc.

Blake’s Bar-B-Q, Inc. (Blake’s) appeals from the summary judgment granted in favor of National Football League Players Association (“NFLPA”). In five issues, Blake’s argues that the trial court erred in granting NFLPA’s traditional and no-evidence motions for summary judgment. We affirm.

Background

In connection with the 2004 Super Bowl, Blake’s signed an agreement wi

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City of Houston v. Christopher Rhule

In 1990, appellant, the City of Houston (“the City”), and appellee, Christopher Rhule, a former firefighter for the Houston Fire Department, entered an agreed judgment settling their dispute regarding Rhule’s worker’s compensation claim. The City subsequently breached the settlement agreement, and Rhule filed suit to enforce it. The City now appeals the jury verdict in Rhule’s favor fo

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Stafford Bailey v. Michael Brewer

Michael Brewer and Brewer Media Associates, Inc. appeal from an order of the superior court denying their special motion to strike under Code of Civil Procedure section 425.16 (the anti-SLAPP statute).1 Appellants contend the trial court erred in denying their anti-SLAPP motion because (1) respondent Stafford Bailey’s claims against appellants are subject to being stricken under the anti- SLAPP

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Kenneth J. Thomas v. iStar Financial, inc.

In August 2003, iStar Financial, Inc. (“iStar”) fired Kenneth Thomas. A year and a half later, Thomas sued iStar and one of his supervisors there, Ed Baron, (collectively “defendants”) for various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and parallel provisions of the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin.

Code § 8-1

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Raymond W. Cahoon, Jr. v. Oscar Shelton

We are entering an era in which retirement benefits paid to public employees are subject to heightened scrutiny. In this case, a municipality became convinced that former firefighters and police officers who had retired on disability pensions were collecting a particular benefit (full reimbursement of certain medical expenses) without legal warrant. The municipality acted on this conviction and st

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Lane Warenski v. Advanced RV Supply

¶1 Plaintiff Lane Warenski appeals the district court’s grant of summary judgment on his negligence claim in favor of defendant Advanced RV Supply. We affirm.

¶2 Warenski brought a negligence action against Advanced RV Supply, alleging that its failure to properly inspect and repair a tie rod on Warenski’s all‐terrain vehicle (ATV) caused him to crash. After the parties completed di

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Skypark Airport Association, LLC v. Jay Jensen

¶1 Dynasty Corporation (Dynasty) appeals from the trial court’s denial of its motion to intervene in a suit between Skypark Airport Association, LLC (Skypark) and defendants Jay Jensen, Elinor Jensen, and Gas Busters (collectively, Gas Busters). We affirm.

¶2 Dynasty argues that the trial court erred in denying its motion to intervene, asserting that the trial court misinterpreted and m

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Nancy Burnett v. Clarence Burnett

Clarence Burnett ("Mr. Burnett") reopened his Chapter 13 bankruptcy proceedings and, thereafter, moved the bankruptcy court to hold in contempt his former spouse, Nancy Jo Burnett ("Ms. Burnett"), and her subrogee, West Virginia's Department of Health and Human Resources, Bureau of Child Support Enforcement (BCSE), for violating the terms of Mr. Burnett's confirmed Chapter 13 repayment plan by see

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Mike Touris v. Flathead County

¶1 Mike Touris and Chuck Sneed (“Touris”) appeal from an order of the District Court, Eleventh Judicial District, Flathead County, granting summary judgment in favor of Flathead County, Bigfork Land Use Advisory Committee, Flathead County Planning Board, Flathead County Board of Commissioners, Flathead County Planning and Zoning Office, Flathead County Zoning Administrator Jeff Harris, and Do

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Perception Construction Management, Inc. v. Stephen Bell

Stephen and Marilee Bell (the Bells) hired contractor Perception Construction Management, Inc. (PCM) to build a log home. The parties’ relationship deteriorated, and the Bells terminated the contract before construction was complete. The Bells refused to pay final invoices, and PCM filed suit to enforce a lien for the amounts claimed to be due. The Bells filed several counterclaims, including co

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Glenn Brown v. Continental Airlines, Inc.

This appeal involves the question of whether ERISA allows a retirement plan administrator to seek restitution of benefits that were paid to a plan participant’s ex-spouse pursuant to a domestic relations order such as a divorce decree, if the administrator subsequently determines that the domestic relations order is based on a “sham” divorce. We agree with the district court’s holding that

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Lamar Elder, Jr. v. Anadarko E & P Compan

The question in this trespass to try title action is whether Appellants’ predecessor in title conveyed by royalty contract her royalty interests in Rusk County or in Rusk and Gregg Counties. The trial court found the royalty contract was not ambiguous and that it conveyed the described royalty interests in both Rusk and Gregg Counties. In three issues, Appellants, who are pro se, assert that t

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Scott Slagle v. Josh Prickett, M.D., Nikki Long, M.D. and Nalini Reddy, M.D.

Appellant, Scott Slagle, appeals the trial court's judgment, dismissing his health care liability case against Appellees, Dr. Nalini Reddy, Dr. Josh Prickett, Dr. Nikki Long, and Diane Ott. In six issues on appeal, Slagle complains of the trial court's entry of summary judgment and dismissal of the case, alleges violations of the federal and state constitutions, alleges there was ex parte communic

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Rachel Rivera v. PNS Stores, Inc.

Federal Rule of Civil Procedure 60(a) allows a district court to correct a clerical error in a judgment if the error causes the judgment to inaccurately reflect the results of the court’s adjudication. Plaintiff–Appellant Rachel Rivera contends that the district court exceeded its authority under Rule 60(a) when it corrected the judgment dismissing Rivera’s case to reflect that the dismissal

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Sierra Club v. Southwestern Electric Power Co

The Sierra Club and several related parties brought this action against the U.S. Army Corps of Engineers (the Corps) in February 2010, seeking to set aside a Clean Water Act permit (the § 404 permit) the Corps had issued to the Southwestern Electric Power Company (SWEPCO) which planned to construct a new power plant.

After SWEPCO intervened as a defendant, the Sierra Club moved to enjoin c

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Gerald S. McCarthy v. Omega Psi Phi Fraternity, Inc.

After a bench trial, defendants Omega Psi Phi Fraternity, Inc., and Tenth District were found liable for defamation per se of plaintiff, Gerald McCarthy. Although defendants raised a number of issues on appeal, the dispositive issue is whether plaintiff’s amended complaints adding defendants were barred by the statute of limitations. The resolution of this issue depends on whether plaintiff made

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John DiCosolo v. Janssen Pharmaceuticals, Inc.

¶ 1 Defendants, Janssen Pharmaceuticals, Inc., and ALZA Corporation, appeal from an $18 million judgment in favor of plaintiff, John DiCosolo, as administrator of the estate of Janice V. DiCosolo, deceased, for noneconomic damages entered in a wrongful death product liability case involving the Duragesic® prescription transdermal patch that they manufactured and distributed. Defendants raise sev

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Starkey v. Builders FirstSource Ohio Valley, L.L.C.

{¶ 1} In this discretionary appeal, we address an issue left open in an earlier case: “whether a claim for a certain condition by way of direct causation must necessarily include a claim for aggravation of that condition for purposes of either R.C. 4123.512 or res judicata.” Ward v. Kroger Co., 106 Ohio St.3d 35, 2005-Ohio-3560, 830 N.E.2d 1155, ¶ 15, fn. 1 (the claimant in an R.C. 4123.512

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Columbia Association, Inc. v. Joseph L. Poteet

On August 14, 1969, appellees, Joseph Poteet and Shirley Clarke-Poteet (the “Poteets”), acquired title to real property that, pursuant to a declaration executed by the Poteets’ predecessor in title, was subject to certain covenants, easements, charges, and liens. Article II of the declaration provided for a charge to be levied in each year against the property subject to the declaration, whi

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Andria Priestley v. Michael J. Astrue, Commissioners of Social Security

The plaintiffs in these three cases prevailed in district court on their appeals from the Social Security Administration’s denial of their claims for disability benefits, and then, as prevailing parties, filed motions under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), for "fees and other expenses." In the motions, the plaintiffs sought reimbursement for the attorneys fees of P

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Estate of Kyle Thomas Brennan v. Church of Scientology Flag Service Organization, Inc.

The Church of Scientology Flag Service Organization, Inc. (“Scientology”), appeals from the District Court’s order permanently enjoining a Florida state court from sanctioning counsel for the Estate of Kyle Thomas Brennan (“the Brennan Estate”) for his continued representation of the Brennan Estate in this matter, in violation of a state court order prohibiting that representation. This

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Adrienne Gallien v. Houston Independent School District

Adrienne Gallien sued her former employer, Houston Independent School District (“HISD”), for breach of contract and for violation of the Texas Whistleblower Act. [1] The trial court granted summary judgment in favor of HISD, concluding that Gallien had failed to exhaust her administrative remedies before filing suit. In two issues, Gallien appeals the summary judgment.

We af

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Rhonda Ezell v. City of Chicago

For nearly three decades, the City of Chicago had several ordinances in place “effectively banning handgun possession by almost all private citizens.” McDonald v. City of Chicago, 130 S. Ct. 3020, 3026 (2010). In 2008 the Supreme Court struck down a similar District of Columbia law on an original‐ meaning interpretation of the Second Amendment.1 District of Columbia v. Heller, 554 U.S. 570,

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Simon E. Kirk v. New York State Department of Education

8 The New York State Department of Education and related defendants appeal from an
9 order of the United States District Court for the Western District of New York (Siragusa, J.)
10 denying their motion to vacate an award of attorney’s fees to Simon E. Kirk. The district court
11 had awarded Kirk attorney’s fees pursuant to 42 U.S.C. § 1988(b) after he successfully
12 challeng

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