Res Ipsa Loquitur Law
 
Frederick E. Bouchat v. Baltimore Ravens Limited Partnership

For the fourth time we consider on appeal an aspect of Frederick E. Bouchat’s copyright infringement cause against the Baltimore Ravens football organization and National Football League entities for their unauthorized copying of a Ravens team logo, drawn by Bouchat, that was used for three seasons as the team’s official symbol. This appeal arises from an action Bouchat filed to enjoin defenda

More...   $0 (09-09-2010 - MD)

Wendy Gudmundson v. Del Ozone; OzoneSolutions, L.C.; Johnson Controls, Inc.

¶1 This appeal comes from a district court’s grant of summary judgment on Ms. Gudmundson’s claims against third parties for injuries she sustained in the workplace. Ms. Gudmundson, a former employee of the Utah State Prison, claims that ozone exposure from a newly installed ozone-laundry system injured her, causing significant brain injuries.

¶2 Ms. Gudmundson initially sought worke

More...   $0 (05-14-2010 - )

Pamela L. McKissick v. Henry C. Yuen

Pamela McKissick, a former Gemstar executive, sued the company and two of its former officers, accusing them of perpetrating a fraud that rendered her stock options in the company worthless. The district court granted summary judgment to the defendants, holding that Ms. McKissick released her claims long ago when she signed a separation agreement at the end of her employment. Based on another prov

More...   $0 (09-08-2010 - OK)

Brenton R. Smith v. Selma Community Hospital

The governing board of Selma Community Hospital (also SCH) terminated the hospital privileges of Brenton R. Smith, M.D., and Smith filed a petition for writ of mandamus seeking to have his hospital privileges reinstated. Smith prevailed in the writ proceeding and also won when the hospital appealed. Hospital (2008) 164 Cal.App.4th 1478 [superior court‟s issuance of writ affirmed].) After the ap

More...   $0 (09-01-2010 - CA)

Sandra Corrales Favila v. Katten Muchin Rosenman, L.L.P.

The assets of Motion Graphix, Inc. were sold to Get Flipped, Inc. after the death of Motion Graphix‟s founder and shareholder, Richard Corrales. The Estate of Richard Corrales (Estate) through its executor Sandra Corrales Favila, Corrales‟s sister, sued Get Flipped and its founder, Raleigh Souther, who was Motion Graphix‟s only other shareholder, for claims including conversion, breach of fi

More...   $0 (09-03-2010 - CA)

Robert Ziino v. Carolyn A. Baker

Robert Ziino appeals the district court’s grant of summary judgment on his claims against an estate and its representatives and a trust and its trustees. Ziino’s former domestic partner, Laura Wellman, allegedly owes him $800,000 on two promissory notes. In Wellman’s prior bankruptcy proceeding, the bankruptcy court allowed Ziino’s claims on the promissory notes. Ziino now seeks to levy ag

More...   $0 (08-21-2010 - FL)

Lucy Cross v. Prairie Meadows Racetrack

Lucy Cross appeals the district court’s1 grant of summary judgment to Prairie Meadows Racetrack and Casino, Inc. (Prairie Meadows) on her hostile work environment claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act of 1965 (ICRA), Iowa Code § 216.1 et seq. We affirm.

I.

From August 2005 until September 2007, C

More...   $0 (08-18-2010 - IA)

M.M. Silta, Inc. v. Cleveland Cliffs, Inc.

M.M. Silta, Inc. (Silta) appeals from the district court’s1 dismissal of its breach of contract action and related claims against Cleveland Cliffs, Inc. and its subsidiaries (collectively, Cliffs). Because a jury in a previous action found that Cliffs properly terminated the parties’ agreement, and because we conclude that the contract unambiguously precludes the post-termination obligations o

More...   $0 (08-17-2010 - MN)

Yvonne Flitton v. Primary Residential Mortgage, Inc.

Defendant-appellant Primary Residential Mortgage, Inc. (“PRMI”) appeals from the district court’s order awarding plaintiff-appellee Yvonne Flitton $367,689.00 in attorney’s fees as a prevailing party in a Title VII lawsuit. Ms. Flitton cross-appeals from the same order, challenging the district court’s conclusion that it lacked jurisdiction to award her appellate attorney’s fees becaus

More...   $0 (08-05-2010 - UT)

Betty Vargo-Schaper v. Weyerhaeuser Company

Betty Vargo-Schaper appeals the district court’s1 grant of summary judgment in favor of Weyerhaeuser Company (“Weyerhaeuser”), on Vargo-Schaper’s negligence claim. Vargo-Schaper contends there was sufficient evidence of negligence to submit the case to a jury. We affirm the district court’s grant of summary judgment in favor of Weyerhaeuser.

I

Mitchell Schaper was a truck d

More...   $0 (08-09-2010 - MN)

Jamie Gannon v. American Home Products, Inc.


Plaintiffs Jamie and Rebecca Gannon appeal from the grant of summary judgment dismissing their complaint against defendants American Home Products Corporation (American), American Cyanamid Company (Cyanamid), and Lederle Laboratories (Lederle) (collectively, defendants). We have considered the arguments raised in light of the record and applicable legal standards. We reverse and remand for fu

More...   $0 (07-29-2010 - NJ)

Robertet Flavors, Inc. v. Tri-Form Construction, Inc.



Commercial construction projects often present unique challenges to the courts, in part because when an argument erupts over a claimed construction defect, it is inevitably complicated by the conflicting interests of the parties. The project owner wants the building to be free of defects, while other parties to the project, including the general contractor, its subcontractors and suppliers

More...   $0 (08-03-2010 - NJ)

Noel Schenkel v. Richard Chevrolet

The defendant Richard Chevrolet, Inc.,1 appeals from the decision of the workers’ compensation review board (board) affirming the decision of the workers’ compensation commissioner (commissioner), awarding the plaintiff, Noel Schenkel, temporary total disability benefits, in addition to interest and attorney’s fees on the basis of the defendant’s unreasonable delay in the payment of the be

More...   $0 (08-03-2010 - CT)

Allied Resources, Inc. v. Department of Public Safety

[¶1] The City of Portland voted in February of 2009 to deny renewal of a liquor license to the “Cactus Lounge,” a bar owned and operated by Allied Resources, Inc. After a de novo review, the Liquor Licensing Division of the Department of Public Safety affirmed the denial, and the District Court (Portland, Beaudoin, J.) affirmed the decision of the Department. The bar has continued to operate

More...   $0 (07-20-2010 - ME)

Dallas Area Rapid Transit v. Oncor Electric Delivery Company, L.L.C.

Oncor Electric Delivery Company LLC (“Oncor”) filed an eminent domain proceeding against appellants, Dallas Area Rapid Transit (“DART”) and Fort Worth Transportation Authority (“The T”), to take an easement for an electrical transmission line. Appellants filed a plea to the jurisdiction based on governmental immunity, which, after a hearing, the trial court denied. We reverse the trial

More...   $0 (07-29-2010 - TX)

Matell, Inc. v. MGA Entertainment, Inc.

Who owns Bratz?

I

Barbie was the unrivaled queen of the fashion-doll market throughout the latter half of the 20th Century. But 2001 saw the introduction of Bratz, “The Girls With a Passion for Fashion!” Unlike the relatively demure Barbie, the urban, multiethnic and trendy Bratz dolls have attitude. This spunk struck a chord, and Bratz became an overnight success. Mattel, which

More...   $0 (07-23-2010 - CA)

Melody Strauss v. Robert Belt

Melody Strauss sold property that she owned to Joseph Gitlin in 1985. In 2001, various taxing entities filed suit against Strauss and Gitlin for back taxes that were owed on the property. Specifically, the entities sought back taxes for years 1984 to 2001. In May 2002, the district court entered a judgment holding Strauss liable for the taxes owed for 1984 and 1985 and holding Gitlin liable for t

More...   $0 (07-23-2010 - TX)

State of Oklahoma v. Alfred Brian Mitchell

¶1 Alfred Brian Mitchell, Appellant, was tried by a jury in June 1992 and convicted of First-Degree Malice Aforethought Murder, in violation of 21 O.S. 1991, § 701.7; Robbery with a Dangerous Weapon, in violation of 21 O.S.1991, § 801; Larceny of an Automobile, in violation of 21 O.S.1991, § 1720; First-Degree Rape, in violation of 21 O.S.1991, §§ 1111, 1114; and Forcible Anal Sodomy, in

More...   $0 (07-01-2010 - OK)

Thomas Ed Cole v. Anadarko Petroleum Corporation and Permian Basin Joint Venture, LLC

This suit arises out of a surface use dispute between the owners of the JY Ranch, Thomas Ed Cole and Roy Franklin Cole (the Coles), and the operators of a waterflood partially situated on that ranch. The trial court granted multiple motions for partial summary judgment and certified an interlocutory appeal. We affirm in part and reverse and remand in part.

I. Background Facts

More...   $0 (07-23-2010 - TX)

Francis P. Doherty v. The Old Place, Inc.

Appellant, Francis P. Doherty, appeals the summary judgment granted in favor of appellee, The Old Place, Inc., on his causes of action for trespass to try title and for removal of cloud on title. We affirm.

I. Background



On March 21, 1978, appellant and his wife were deeded 9.93 acres in Brazoria County, Texas. On April 3, 1978, appellant and his wi

More...   $0 (07-22-2010 - TX)

Inliner Americas, Inc. v. MaComb Funding Group L.L.C.

After the appellants defaulted on a secured loan and their creditor began proceedings to foreclose on the collateral, the appellants assigned the collateral to the creditor. Under the terms of the parties’ agreements, the “collateral” was defined to include all assignable causes of action the appellants owned or later acquired, as well as the proceeds of such collateral. In the central iss

More...   $0 (07-22-2010 - TX)

Manuel B. Cerda v. 2004-EQR1 L.L.C.

Manuel and Petra Cerda appeal from the district court’s judgment rejecting their claims that aspects of their home equity loan violated the Texas Constitution. We agree with the district court that the Cerdas have failed to show a violation of the Texas Constitution, and we affirm.

I. BACKGROUND

In 1993, Manuel and Petra Cerda purchased an unimproved five-acre lot in San Antoni

More...   $0 (07-22-2010 - TX)

Marguerite F. Freeman v. X-Ray Associates, P.A. and Randall W. Ryan, M.D.

In this medical malpractice dispute, Marguerite F. Freeman appeals from a directed verdict granted in favor of Dr. Randall Ryan and X-Ray Associates, P.A. Freeman contends that 18 Del. C. § 6853 creates a presumption of negligence when a surgical procedure is performed on the wrong organ, which may be rebutted but only before a jury. In response, Dr. Ryan asserts that Freeman’s liver biopsy was

More...   $0 (07-22-2010 - DE)

Daryl Murphy v. Eddie Murphy Productions, Inc.

This is an appeal from the dismissal of the third lawsuit that Plaintiff Daryl Murphy has brought against the same group of defendants arising out of the same set of events. It deals with whether the district court properly denied a motion for an extension of time to file an amended complaint. In order to resolve the current appeal we must first sort through a fairly complicated procedural history

More...   $0 (07-01-2010 - IL)

Tamike Jones v. Res-Care, Inc. and Shane McFall

Tamika Jones filed suit against her employer, Res-Care, Inc., and another Res-Care employee, Shane McFall, in the United States District Court for the Southern District of Indiana. Jones alleged discrimination because of race and retaliation under Title VII of the Civil Rights Act of 1964. Jones also brought claims under state law for slander per se, negligent supervision and vicarious liability u

More...   $0 (07-18-2010 - IN)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher