Res Ipsa Loquitur Law
 
Wight Realty Interests, Ltd. v. City of Friendswood, Texas

Appellant, Wight Realty Interests, Ltd., challenges the trial court’s order granting the plea to the jurisdiction of appellee, the City of Friendswood, in Wight Realty’s suit against the City for breach of contract. In two issues, Wight Realty contends that the Texas Legislature waived the City’s immunity from suit under section 271.152 of the Texas Local Government Code,[1] the City waived

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Randall Coleman v. Joan Parnell Coleman

Randall Coleman appeals the trial court’s order granting his former wife’s petition for enforcement of their final divorce decree. In five issues he contends (1) the final divorce decree imposed an improper penalty; (2) the order granting the motion for enforcement imposed an improper penalty; and (3) the trial court erred in awarding attorney’s fees for the motion for enforcement. We affi

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Jeffery B. Kaiser v. Anit K. M. Silfvast

Appellant, Jeffery Kaiser, appeals the trial court’s judgment that awards appellee, Anita Silfvast, his former wife, $80,000 in unpaid alimony and $7,500 in attorney’s fees. In two issues, Kaiser contends that the trial court rendered a judgment that (1) violated the intent of the parties, and (2) constituted an unenforceable penalty.

We affirm.

BACKGROUND

In Au

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Tarrant Regional Water District v. Tamara Villanueva

In two issues, Appellant Tarrant Regional Water District (Tarrant) appeals the denial of its partial plea to the jurisdiction, asking this court to determine whether Chapter 21[1] of the Texas Labor Code should be read to automatically incorporate the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act).[2] We reverse and remand.

II. Factual and Procedural Hi

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Roger K. Parsons v. Ronald Windle Turley and Law Offices of Windle Turley, P.C. a/k/a Turley Law Firm, P.C.

In seventeen issues, Appellant Roger K. Parsons, Individually and as the Independent Administrator for the Estate of Esther Ann Kartsotis Parsons (Parsons), appeals the trial court’s summary judgment granted for Appellees Ronald Windle Turley and the Law Offices of Windle Turley, P.C. a/k/a Turley Law Firm, P.C. (collectively Windle Turley). Because Parson’s claims against Turley are barred b

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Justin E. Briggs, Individually and Justin E. Briggs as Next of Friend of Austin E. Briggs v. Toyota Manufacturing of Texas, et al.

Justin Briggs, an employee of a subcontractor on a construction site, appeals from the trial court’s dismissal of his suit against the premises owner, general contractor, and other subcontractors (Toyota Motor Manufacturing of Texas, Toyota Tsusho America, Inc., Automatic Fire Protection, Walbridge Aldinger Company, Bartlett Cocke Operations, Inc., and Walbridge/Bartlett Cocke). We reverse the

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Geneke Antonio Lyons v. Lynn Switze

Appellant, Geneke Antonio Lyons, appeals the trial court’s granting of a summary judgment and plea to the jurisdiction in favor of each appellee, Lynn Switzer, Jason Henderson, the Texas Department of Public Safety, and the State of Texas. We affirm.

Factual and Procedural Background

This case arose out of the seizure of $106,251.91 by Trooper Jason Henderson of the Te

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Lilia V. Mendoza v. Victor M. Ramirez

Appellant, Lilia Mendoza, appeals the trial court’s grant of summary judgment in favor of Appellees, Victor M. Ramirez, et al, otherwise known as the Ramirez Mineral Trust (“RMT”), with respect to the title to the B-2 tract. On appeal, Ms. Mendoza argues the trial court erred because res judicata elements were not satisfied for a grant of summary judgment based on a prior federal condemnati

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Dr. Linda C. Haynes v. Baylor Universit

Dr. Linda C. Haynes appeals the trial court’s summary judgments in favor of Baylor University. We will affirm.

Dr. Haynes brought suit against Baylor, alleging in pertinent part: In 1992, Dr. Haynes became employed by Baylor University School of Nursing as a clinical faculty member, non-tenure track. In 1997, she was promoted to a tenure-track Assistant Professor position. In accordan

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Gordon R. Cooper, II and Cooper & Cooper v. James B. Harris

An attorney appeals from a judgment on a jury verdict against him based on negligence and breach-of-contract claims asserted by his former client in connection with the attorney’s handling of a lawsuit against the client’s former employer. Concluding that the evidence of causation is legally insufficient as to the negligence claim and that the client cannot assert the breach-of-contract claim

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City College, Inc. v. Moore Sorrento, LLC

¶1 Moore Sorrento, LLC (Landlord) appeals the trial court's order confirming the October 3, 2007, arbitration award, confirming the December 20, 2007, final order including attorney fees, and denying Landlord's motion to vacate the award. Based on our review of the facts and applicable law, we find the trial court correctly confirmed the arbitration panel's award and denied Landlord's motion to v

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Deborah Ward v. River Parks Authority

¶1 In this Review Proceeding, Petitioner Deborah A. Ward challenges the Workers' Compensation Court's order denying Ward's motion to reopen on a change of condition based on expiration of the statutory time period for reopening a claim. Respondents River Parks Authority and CompSource Oklahoma (collectively, Employer) successfully argued that Ward sought to reopen more than three years after the

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Grayhorse Energy, LLC v. Crawley Petroleum Corp.

¶1 Plaintiffs/Appellants Grayhorse Energy, LLC, TLJ Investments, LLC, Singer Bros. LLC, and Pedestal Oil Company, Inc., (collectively, the GrayHorse1 group) seek review of the trial court's order sustaining Defendant/Appellee Crawley Petroleum Corporation's (Crawley) motion to dismiss for lack of subject matter jurisdiction.2 We express no view upon the merits of any element of the GrayHorse grou

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Estate of Stephen J. Komninos v. Bancroft Neurohealth, Inc.

On leave granted, we review an interlocutory order denying a motion for partial summary judgment filed by twenty-two defendants in this wrongful death and survival action. In their motion, defendants sought to have the claims against them dismissed pursuant to the Charitable Immunity Act ("the Act"), N.J.S.A. 2A:53A-7. The motion judge denied the application, based upon his perception that genuine

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Mary Jo Takacs v. Indian Lake Borough

Mary Jo Takacs (Takacs) appeals from the December 4, 2009, order of the Court of Common Pleas of Somerset County (trial court), which granted the preliminary objections filed by Indian Lake Borough (Borough) and dismissed her appeal challenging the September 9, 2009, decision of Indian Lake Borough Council (Council) to grant a boat dock easement to St. Clair Resort Development, LLC (St. Clair). We

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Robert Freeman v. Jon S. Corzine

Plaintiffs – two New Jersey wine enthusiasts, a New Jersey couple who seeks access to more Kosher wines, and a California winery – have brought suit in the United States District Court for the District of New Jersey against Jerry Fischer, New Jersey’s Director of Alcoholic Beverage Control, alleging that several aspects of New Jersey’s Alcoholic Beverage Control Law (“ABC Law”) infring

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Clayton Harmstron v. City of San Francisco

The district court sanctioned police officer Andrew Cohen and attorney Waukeen Q. McCoy (collectively, “Cohen”) in 2007 for violating the court’s discovery protective order. After the district court remanded the case to state court in 2008, and after the state court entered judgment, Cohen appealed the district court’s sanctions order in 2009. We are first asked to decide whether the reman

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Noemia Carvalho v. Equifax Information Services, LLC

We must decide whether a credit reporting agency is liable for a disputed credit report under California’s Consumer Credit Reporting Agencies Act.

I

A

In October 2001, Noemia Carvalho received medical treatment from Bayside Medical Group, Inc. (“Bayside”), in Pleasanton, California. Prior to receiving her treatment, Carvalho signed the following agreement (“Agreement

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The Minch Family LLLP v. Buffalo-Red River Watershed

During contentious litigation in Minnesota state court, a judge entered an order authorizing the Buffalo–Red River Watershed District (BRRWD) to “clean out” or remove accumulated silt and topsoil from a ditch running next to a road along the length of one of A. R. Minch’s fields. The Minch Family LLLP, Lois A. Minch and trustee Roger J. Minch2 (collectively, Minch) later sued BRRWD, Roger

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Tyree W. Brown v. Illinois Central Railroad Company, Inc.

Tyree W. Brown appeals following the district court’s grant of summary judgment in favor of the defendants. Brown alleged in his suit that the defendants were liable for personal injuries and wrongful death as a result of exposure to toxic chemicals. The district court determined that Brown’s claims were barred by Mississippi’s three-year statute of limitations. Pursuant to 5TH CIR. R. 47.5,

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Gordon R. Cooper v. James B. Harris

An attorney appeals from a judgment on a jury verdict against him based on negligence and breach-of-contract claims asserted by his former client in connection with the attorney’s handling of a lawsuit against the client’s former employer. Concluding that the evidence of causation is legally insufficient as to the negligence claim and that the client cannot assert the breach-of-contract claim

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UL, Inc., D/B/A Urgan Living and George Silaski v. Jose L. Pruneda

This appeal involves a suit brought by real estate agent, Jose L. Pruneda, to recover commissions from appellants, UL, Inc., d/b/a Urban Living and George Silaski arising from the sale of two pieces of real property. The trial court rendered summary judgment for monetary damages and attorney’s fees in favor of Pruneda against Urban Living and Silaski.

On appeal, Urban Living a

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William S. Hansuld v. Lariat Diesel Corporation

[¶1] In these consolidated appeals, two adjoining landowners dispute two separate easements. In appeal No. S-09-0206, the Hansulds appeal a district court finding that they do not have an easement for a water line across the property of Lariat Diesel Corporation. We reverse.

[¶2] In appeal No. S-09-0207, Lariat Diesel Corporation and its president, Marvin Peil, appeal a district court’s

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Bondell F. Mitchell v. KDJM-FM

Blondell Mitchell, a pro se litigant,1 appeals from the district court’s dismissal of her defamation action as barred by res judicata. Because the district court correctly dismissed the complaint, we affirm. We also deny Mitchell’s request to proceed in forma pauperis on appeal.

I. BACKGROUND

Beginning in 2006, Mitchell filed several actions against numerous defendants allegi

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Larry Roth v. Ronald Joseph, M.D.

¶1 This medical malpractice case involves two questions, one involving the setting aside of a default certificate, the other the application of the limitations statute. Plaintiff Larry Roth filed a medical malpractice action against Dr. Ronald Joseph and St. Mark's Hospital (the Hospital), alleging that Dr. Joseph negligently failed to clearly identify for the surgeon a spot in Mr. Roth's colon t

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