Res Ipsa Loquitur Law
 
Hyundai Motor America and Hyundai Motor Company v. Ola Mae Applewhite

¶1. In this wrongful death, product liability case, the jury awarded the plaintiffs $4.5 million, or $1.5 million for each of three decedents, finding that the automobile at issue was defective in both its design and manufacture. In an effort to convince this Court to reverse the trial judgment and to render judgment in its favor, Hyundai challenges the reliability of the plaintiffs’ three exp

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Roberthenry Davis, Sr. v. Time Warner Cable of Southeastern Wisconsin, L.P.

Roberthenry Davis, Sr., an African American salesperson, was fired from Time Warner Cable of Southeastern Wisconsin (“Time Warner”) after his white boss concluded that Davis violated Time Warner’s zero-tolerance Employee Guidelines by processing a noncommissionable transaction as a commissionable one. Davis complained about his termination to Time Warner’s human resources department and wa

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Jason Spooner v. EEN, Inc.

After prevailing at trial in this copyright infringement case, the plaintiff sought and recovered substantial attorneys' fees. The defendants contest the fee award. Concluding that the district court acted within the realm of its discretion, we affirm.

I. BACKGROUND

The relevant facts are easily catalogued. On August 8, 2008, plaintiff-appellee Jason Spooner filed a complain

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Residential Savings Mortgage, Inc. v. Ramona Keesling

Ramona Keesling filed suit against Residential Savings Mortgage, Inc., based on claims of fraud and negligence regarding Residential's solicitation of and inducement to Keesling to take out a new mortgage loan. Residential appeals a nonfinal order denying its motion to transfer venue from Pinellas County to Broward County. We reverse and direct the trial court on remand to transfer venue to Browa

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David Barboza v. California Association of Professional Firefighters

David Barboza appeals from the district court’s summary judgment in favor of the California Association of Professional Firefighters, that Association’s Long-Term Disability Plan, and the California Administration of Insurance Services, Inc. (collectively the Plan). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand for further proceedings.

I.

In March

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United States of America ex rel. Charles Wilkins v. United Health Group, Inc.

This matter comes on before this Court on an appeal from an order the District Court entered on May 13, 2010, granting the motion of appellees United Health Group, AmeriChoice, and AmeriChoice-New Jersey (collectively “appellees”) under Federal Rule of Civil Procedure 12(b)(6) to dismiss Charles Wilkins‟ and Daryl Willis‟ (collectively “appellants”) qui tam action1 based on the False C

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Michelle Ramsey v. Palm Harbor Homes, Inc.

Appellant Michelle Ramsey appeals the trial court’s grant of summary judgment in favor of Palm Harbor Homes, Inc. We affirm.

I

Michelle Ramsey purchased a manufactured home from Palm Harbor Homes, Inc. in January 2001. In 2004, Ramsey sued Palm Harbor over alleged defects in the home, claiming statutory fraud, breach of implied warranty of “good and workmanlike ser

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D. Christopher Peterson v. RES America Construction, Inc.

Appellants, Christopher D. Peterson, individually and as administrator of the estate of Matthew C. Peterson, deceased, and Judith Peterson, challenge the trial court’s summary judgment dismissing their wrongful death suit against appellees, RES America Construction, Inc. (“RES-AC”), Renewable Energy Systems Americas, Inc. (“RES-A”) and RES (Construction), L.P. (“RES-C”).[1] By two i

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Ronald J. Holleman v. Daugherty Homes, Inc. d/b/a Freedom Homes

In eight issues, Appellant Ronald J. Holleman asserts that Robert Holleman deeded away property in which Ronald owned a one-half interest. Ronald appeals the trial court’s order dismissing his trespass to try title action “with prejudice.” We reverse and remand.

II. Factual and Procedural Background

Ronald, incarcerated since 1994, is the adopted son of Zeb and Stemilee Holl

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Feimei Li Duo Cen v. Daniel M. Renaud

Plaintiffs-Appellants appeal the judgment of the District Court for the Southern District of New York (Marrero, J.), dismissing their complaint for failure to state a claim. Plaintiffs- Appellants argue that the Child Status Protection Act, and in particular 8 U.S.C. § 1153(h)(3), entitles Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grand

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In this workers’ compensation case, the Judge of Compensation Claims (JCC) found that the Employer knew or should have known that Claimant (its employee), an illegal immigrant from Mexico, was without the legal right to work in the United States. The JCC further found that notwithstanding this knowledge, the Employer hired and continued to unlawfully employ Claimant, until he was injured in a si

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David Roth v. Norfalco, L.L.C.

David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (―HMTA‖), 49 U.S.C.

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Bank of New England Corporation, v. HSBC Bank USA, National Association

HSBC Bank USA, N.A. appeals, for the second time, a district court judgment that affirmed a bankruptcy court's authorization of a distribution of assets from the estate of Bank of New England Corporation ("BNEC") to holders of BNEC junior debt. The parties agree that the holders of the senior debt are entitled to priority payment of their principal along with pre-petition interest – that is, int

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District of Columbia v. Chike A Ijeabuonwu

The District of Columbia filed
this suit to recover its attorneys’ fees from Chike Ijeabuonwu,
a lawyer who brought an administrative complaint against the
District on behalf of a student with special educational needs.
Under the Individuals with Disabilities Education Act
(IDEA), a court may award attorneys’ fees to the “prevailing
party,” whether it be the plainti

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Stephanie Williams v. CSX Transportation Company, Inc.

Plaintiff, Stephanie Williams, sued her employer, CSX Transportation Company, Inc. (“CSX”), for allegedly subjecting her to both racially and sexually hostile work environments. The district court held that Williams failed to file a document that meets the test for a “charge” with the Equal Employment Opportunity Commission on her claim of a sexually hostile work environment and, thus, fai

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Marjorie Goodman v. Holly Angle, LMT

Marjorie Goodman and Bradley Goodman ("the Goodmans") appeal the circuit court's judgment following a jury verdict in favor of Holly Angle, LMT, on the Goodmans' negligence and loss of consortium claims against Angle. The Goodmans claim that the circuit court clearly erred in overruling their Batson1 challenges to Angle's use of her peremptory strikes against three minority venirepersons. The Good

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Delbert Williams v. Leone & Keeble, Inc.

A Washington resident injured on a construction job brought suit against the general contractor, a Washington corporation, in superior court in Washington State. But the injury took place in Idaho, and the worker received workers' compensation benefits from the Idaho State Insurance Fund. The trial court granted the general contractor's motion to dismiss, the Court of Appeals affirmed, and w

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Parker Jensen v. Kari Cunningham

¶1 This appeal is the latest stage in a protracted dispute between the State of Utah and Barbara and Daren Jensen regarding the proper medical care of the Jensens’ son, Parker. In it, we must balance the right of parents to direct the medical care of their child with the State’s interest in protecting the health and safety of children within its borders.

¶2 A doctor who was treating P

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Titus Regional Medical Center v. Glenna Virginia Roach

This appeal calls on us to address an oft-debated, but seldom crystal clear issue regarding a governmental entity’s immunity from suit. Glenna Virginia Roach (Roach) underwent surgery at Titus Regional Medical Center (Titus). After Roach’s surgery, she was taken to a hospital room and placed in a hospital bed. In her suit, Roach alleged that the hospital staff failed to raise the bed’s sa

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Gail M. MacFarlane v. Dr. Robert L. Burke, M.D.

Appellant, Gail MacFarlane, appeals the trial court’s grant of appellee’s—Robert L. Burke—motion for summary judgment based on the affirmative defense of the expiration of the limitations period. In one issue, MacFarlane argues that the trial court erred in granting summary judgment because (1) she filed her suit within the limitations period and, alternatively, (2) she tolled the limitat

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Terrica Barnes as Next Friend of Kainan Cooper v. United Parcel Service, Inc.

Nathaniel Cooper suffered a heart attack and died on the job while employed by appellee United Parcel Services, Inc. A workers’ compensation claim was filed by Cooper’s fiancée, appellant Terrica Barnes, on behalf of their son, Kainan. After Cooper’s injury was determined to be not compensable for purposes of workers’ compensation, Barnes filed suit against UPS, alleging gross negligenc

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Diaz, Reus & Targ, L.L.P. v. Bird Wingate, LLC, II

Redfield Investments, A.V.V., a Netherland Antilles corporation (“Redfield”), appeals a non-final order granting Bird Wingate, LLC II’s (“Wingate”) motion to vacate voluntary dismissal with prejudice. We have jurisdiction. Fla. R. App. P. 9.130 (a)(5). We affirm.

We give below a summary of the procedural facts of this case, not because most of the facts are relevant to the outcome

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United States of America v. Donald W. Dawes

Can a taxpayer avoid income taxes by selling farm assets after declaring Chapter 12 bankruptcy? In at least this respect, the tax collector bears resemblance to the grim reaper: always hovering, never avoidable. While the law provides some forms of tax relief, it stops short of forgiving taxes incurred by a Chapter 12 debtor after filing a bankruptcy petition. And the taxes at issue here were incu

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Miami County Board of Commissioners v. Kanza Rail-Trails Conservancy, Inc.

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr

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Riverwood Commercial Park, LLC v. Standard Oil Company, Inc.

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of

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