Res Ipsa Loquitur Law
 
Dallas Morning News, Inc. v. City of Arlington

Appellant Dallas Morning News, Inc. (the "News") appeals a district court's order denying attorney's fees under the Texas Public Information Act (PIA). See Tex. Gov't Code Ann. §§ 552.001-.353 (West 2004 & Supp. 2010). The News argues that it substantially prevailed in its mandamus action against the City of Arlington (the "City") and that the trial court was therefore required to assess reasona

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Linda Baldwin v. Northrop Grumman Information Technology

Linda Baldwin appeals from an order granting Northrop Grumman Information Technology's ("NGIT's") motion for summary judgment. Baldwin sued NGIT for damages she allegedly sustained while serving as NGIT's employee. NGIT moved for summary judgment on three bases: (1) that Baldwin failed to state a claim for which relief could be granted; (2) that Baldwin's claims were barred by res judicata; and (3

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Byron Chapman v. Pier 1 Imports (U.S.) Inc., dba Pier 1 Imports #1132

Byron Chapman is unable to walk unassisted, and he requires the use of a motorized wheelchair when traveling in public. In July 2004, Chapman sued a Pier 1 Imports store (“Pier One” or “Store”) in Vacaville, California, alleging that some of the Store’s architectural features denied him full and equal enjoyment of the premises in violation of the Americans with Disabilities Act (“ADA

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Shane Dawson v. Entek International

Shane Dawson (Dawson), a male homosexual, appeals the district court’s grant of summary judgment in favor of his former employer, Entek International (Entek), on claims of discrimination arising from his termination. Entek is an Oregonbased company that manufactures polyethylene battery separators. On appeal, Dawson argues that the district court erred when it applied the McDonnell Douglas Corp.

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Cindy Lynn Revere v. Wilmington Finance

Cindy Lynn Revere lost ownership and possession of her home through non-judicial foreclosure and subsequent eviction proceedings in state court. She thereafter filed a pro se complaint in federal court, seeking to invalidate the foreclosure, the deeds transferring ownership to the property, and the state-court eviction judgment. The defendants moved to dismiss Revere’s complaint on jurisdictiona

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Ethel Cumbie v. City of Grand Saline

Ethel Cumbie had a rude awakening on Easter Sunday 2009. Cumbie awoke that morning to find sewage flowing throughout her house, allegedly a backup of sewer lines of the City of Grand Saline[1] (City). Claiming this had happened twice before, Cumbie sued the City for negligence “in the proprietary functions of operating and maintain[ing]” the sewer system, and alleged it was improperly instal

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Tim Calhoun, Gustine Gaston, and Jossie Gaston, as Heir and on Behalf of the Heirs of Gustine Gaston v. F. Hall Mowing Company

Appellants Tim Calhoun and Gustine Gaston[2] filed suit against Appellee F. Hall Mowing Company. Appellee had been hired to dismantle the central utility building on the campus of the University of Texas at Arlington. A switch gear housing building was located inside the central utility building; because the central utility building was being dismantled, roofing contractors (not Appellee) were h

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Terry Glenn and Monica Glenn v. Robert J. Pack, Jr

In eighteen issues, Appellants Terry and Monica Glenn appeal the trial court’s judgment awarding Appellee Robert Pack damages and attorneys’ fees for his breach of contract and tortious interference with contract counterclaims. We affirmed in part, reversed and rendered in part, and reversed and remanded in part.

II. Factual and Procedural History

On March 29, 2007, the Glenns si

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Hosea Anderson v. John S. Burson

Hosea Anderson and his wife, Bernice Anderson, live at 6534 Frietchie Row, Columbia, Maryland (the “Residence”). In 2006, the Andersons decided to refinance their home. Accordingly, on October 13, 2006, Mr. Anderson signed an “Adjustable Rate Balloon Note” promising to pay the lender, Wilmington Finance, Inc. (“Wilmington”), the amount he had borrowed ($227,250.00), plus interest, in m

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Susan Wintermute v. The Kansas Bankers Surety Co.

Susan Wintermute, a former director of the Sinclair National Bank (SNB), appeals the district court's grant of summary judgment in favor of The Kansas Bankers Surety Co. (KBS) in this insurance policy dispute concerning whether a directors and officers (D&O) liability insurance policy obligated KBS to defend Wintermute in a criminal action brought against her as a director of SNB. Wintermute also

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Ethel Cumbie v. City of Grand Saline

Ethel Cumbie had a rude awakening on Easter Sunday 2009. Cumbie awoke that morning to find sewage flowing throughout her house, allegedly a backup of sewer lines of the City of Grand Saline[1] (City). Claiming this had happened twice before, Cumbie sued the City for negligence “in the proprietary functions of operating and maintain[ing]” the sewer system, and alleged it was improperly instal

More...   $0 (01-06-2011 - TX)

RLI Insurance Company v. Sylvia Gonzalez

Appellants, family members of a deceased sandblaster, appeal the district court’s grant of summary judgment declaring that RLI Insurance Company (RLI) does not have a duty to indemnify Appellants’ gross negligence claim. We AFFIRM.

FACTS AND PROCEEDINGS

Hector Gonzalez, now deceased, was previously employed by ICO, Inc. (ICO) at its Odessa, Texas facility. In 2002, Gonzalez and h

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Dunn-McCampbell Royalty Interest, Inc. v. National Park Service

Before 1963, there was no Padre Island National Park off the coast of the State of Texas. It took a lot of maneuvering between the State of Texas and the United States to create the national park out of these coastal island lands, much belonging to the State of Texas, some belonging to private parties. The Texas Consent Statute, the deeds of conveyance, the federal Enabling Act of 1962, and the Oi

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Uniloc USA, Inc. v. Microsoft Corporation

Uniloc USA, Inc. and Uniloc Singapore Private Lim-ited (collectively, “Uniloc”) appeal from the decision of the United States District Court for the District of Rhode Island granting Microsoft Corporation’s (“Microsoft”) motion for judgment as a matter of law (“JMOL”) of non-infringement and no willful infringement of asserted claims of Uniloc’s U.S. Patent No. 5,490,216 (“’216

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Glenda Sue Claus v. Intrigue Hotels, L.L.C.

Intrigue Hotels, L.L.C. appeals from a judgment entered in the Circuit Court of Jackson County in favor of Glenda Claus in her action for age discrimination, awarding her $50,000.00 in actual damages and $150,000.00 in punitive damages. For the following reasons, the judgment is affirmed.

Claus started working at the Park Place Hotel in Kansas City, Missouri, in 1984 as a room attendant.

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Ernesto Alonso Mejia Rodriguez v. U.S. Department of Homeland Security

The Department of Homeland Security (DHS) can grant temporary protective status (TPS) to an otherwise removable alien unable to return to his native country due to ongoing armed conflict, environmental disasters, or other extraordinary and temporary conditions. 8 U.S.C. § 1254a(b)(2 1)(B)(i). An alien who has been convicted of two or more misdemeanors, however, is ineligible for TPS. 8 C.F.R. §

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LaBella Winnetka, Inc. v. The Village of Winnetka and Douglas Williams

On February 28, 2007, a roof fire broke out at the Italian restaurant operated by LaBella Winnetka, Inc. in the Village of Winnetka, Illinois. The restaurant’s doors have remained closed since that date. LaBella blames the Village and its manager, Douglas Williams, for preventing it from reopening the restaurant. LaBella appeals the district court’s dismissal of its equal protection, substanti

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Shelby County Health Care Corporation d/b/a Regional Medical Center v. Nationwide Mutual Insurance Company

On May 29, 2006, Kevin L. Holt (“Holt”) sustained head trauma in an automobile accident in Arkansas. He was initially taken by ambulance to the Regional Medical Center of Northeast Arkansas, but the nature of his injuries required his transfer to the Regional Medical Center in Memphis, a hospital operated by the plaintiff, Shelby County Health Care Corporation (“the Med”). On the day follo

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Joann Abshure v. Methodist Healthcare-Memphis Hospitals

Joann Abshure, a woman in her mid-sixties with a family history of colon and pancreatic cancer, complained of bloating and changes in her bowel patterns to Dr. Whitney T. Slade, her primary care physician. Dr. Slade advised her to have a colonoscopy. Dr. Jeremiah Upshaw performed the colonoscopy as an outpatient procedure on May 2, 2001 at the GI Diagnostic and Therapeutic Center in Memphis. Dr. U

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Board of Regents of the University of Wisconsin System v. Phoenix International Software, Inc.

Phoenix International Software created software that it called Condor and registered the CONDOR mark with the Patent and Trademark Office (PTO) for “computer software for on-line programming development, library management and system utilities functioning on mainframe systems.” Phoenix used this mark since June 1978 and registered it in January 1997.

The delay in registration was due to

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Charles J. Farley v. Country Coach Incorporated

In this diversity action, Defendant-Appellant Country Coach, Inc. appeals a $191,784 jury verdict for Plaintiff-Appellee Charles Farley on a claim for breach of the implied warranty of merchantability on Farley’s 2004 Country Coach Magna motor home. In particular, Country Coach alleges that the district court erred by reversing its grant of summary judgment on Farley’s implied-warranty claim,

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Willie Mae Taylor v. Plastech Engineered Products, Inc.

Willie Mae Taylor appeals a summary judgment that dismissed her workers’ compensation claim. She also appeals an earlier judgment that sustained the compensation carrier’s dilatory exception of vagueness. For the reasons expressed, we affirm the judgment insofar as it dismissed the claim for weekly indemnity benefits. However, finding genuine issues of material fact as to Ms. Taylor’s choice

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Marathon Oil Company v. James C. Bowling

This appeal is from the WCJ’s denial of a motion to compel a second medical opinion/evaluation filed by the employer, Marathon Oil Company. Claimant, James C. Bowling, injured his lower back in the course of and arising out of his employment with Marathon in 1995. Since that time, Marathon has paid Bowling weekly indemnity benefits in the amount of $323 and has authorized all reasonable, necessa

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Patricia Brown v. East Carroll Parish Police Jury

In this workers’ compensation case, the employer appeals the denial of its motion to dismiss. In its motion, the employer alleged that the claimant failed to obtain a court-ordered neuropathy workup within a reasonable period of time and should be penalized. We affirm in part and amend in part.

FACTS

In March 2002, the claimant, Patricia Brown, injured her right knee, leg and foot

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Clute Apartments 1, Ltd. and George Michaelson v. Jerry Lorson, DBA Tufftop Refinishing Services

The trial court rendered partial summary judgment for appellee, Jerry Lorson d/b/a Tufftop Refinishing Services (“Lorsen”), in his suit to recover from appellants, Clute Apartments 1, Ltd. and George Michaelson (collectively, “Michaelson”), for breach of contract, fraud, and fraud in the inducement, giving him the right to foreclose a lien on Michaelson’s property. The court severed Lors

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AK Morlan
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