Res Ipsa Loquitur Law
 
Jaffe & Hough, P.C.

Jaffe & Hough, P.C., seeks review of the trial court's order denying its motion to dismiss for lack of personal jurisdiction. The underlying action is a summary proceeding1 filed by Laura and Michael Baine against Jaffe & Hough. The Baines sought to determine Jaffe & Hough's right to a charging lien for representation of the Baines as to a products liability claim against Bausch & Lomb Incorporate

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E. Frank Griswold, III v. County of Hillsborough

Appellant E. Frank Griswold is the president and sole shareholder of two businesses, Med Evac, Inc. and Med Evac, LLC (the Companies), that provide emergency medical transportation services. Griswold, a disabled veteran, argues that Appellees violated his rights under the Veterans Benefits Act of 2003, Pub. L. No. 108-183, § 36, 117 Stat. 2651, 2662 (codified at 15 U.S.C. § 657f (2003)) (the Vet

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Christopher W. Hesse v. Sprint Corporation

This case requires us to consider whether a broad release of claims in a nationwide settlement agreement between Sprint and its customers precludes the present class action involving a Washington state tax that Sprint invoiced to its Washington customers. That nationwide settlement arose out of a lawsuit that challenged Sprint’s billing of customers for certain federal regulatory fees. Because w

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Marylou Primiano v. Yan Cook

We address admissibility under Daubert1 of medical testimony.

I. Facts

Marylou Primiano has suffered a miserable ordeal since she had elbow surgery. The question raised by her litigation2 is whether her ordeal resulted from a defective product, the artificial elbow Howmedica Osteonics Corporation manufactured.

The district court granted summary judgment against her and dismiss

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Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc.

Metabolite appeals from the United States District Court for the District of Colorado’s grant of summary judgment. See Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 571 F. Supp. 2d 1199 (D. Colo. 2008). The district court granted LabCorp’s motion for summary judgment on its complaint for declaratory judgment that it did not breach a license agreement for failure to pay know-how royalti

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Christopher John Murray v. Travis Gary Mansheim

[¶1.] In this decision we affirm the circuit court and hold that a compulsory counterclaim seeking affirmative relief in a personal injury action cannot be served after the expiration of the statute of limitations. Christopher John Murray and Gary Travis Mansheim were involved in a two-car accident. Immediately prior to the expiration of the statute of limitations, Murray commenced an action agai

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Tyler Keup v. F. X. Hopkins

Tyler Keup, an artist in the custody of the Nebraska Department of Correctional Services (NDCS), tried to send drawings of a marijuana leaf and a bare-breasted woman to his mother and the Maoist Internationalist Movement (Maoists). When NDCS rebuffed Keup’s efforts, Keup sued various NDCS officials under 42 U.S.C. § 1983 for violating his First Amendment rights. The district court directed a ve

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Donald C. Austin v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford

Donald C. Austin (Austin) filed suit against Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford (Stokes-Craven), an automobile dealership, after he experienced problems with his used vehicle and discovered the vehicle had sustained extensive damage prior to the sale. A jury found in favor of Austin and awarded him $26,371.10 in actual damages and $216,600 in punitive damages.

Stoke

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Lloyd's Inc. v. Charles R. Lloyd

The appellant herein and plaintiff below, Lloyd's, Inc. (hereinafter “Lloyd's”), appeals from an order entered February 11, 2009, by the Circuit Court of Braxton County. By that order, the circuit court granted the motion to dismiss filed by the appellee herein and defendant below, Charles R. Lloyd (hereinafter “Charles Lloyd”), and dismissed Lloyd's complaint finding that the claims ass

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City of Wichita Falls v. Alfred Jenkins

The City of Wichita Falls appeals from the trial court=s order denying its plea to the jurisdiction in this Texas Tort Claims Act (TTCA) case involving a City automobile. In two issues, the City contends that it did not have either actual or formal notice of appellees= injuries within forty-five days after the accident as required by the TTCA. Because we hold that the City did receive the requir

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California Pharmacists Association v. David Maxwell-Jolly

Edmund G. Brown Jr., Attorney General of California, Jennifer M. Kim, Shannon M. Chambers and Randall R. Murphy, Supervising Deputy Attorneys General, and Gregory M. Cribbs, Deputy Attorney General, Los Angeles, California, for defendant-appellant David Maxwell-Jolly. Lloyd A. Bookman, Byron J. Gross, and Jordan B. Keville, Hooper, Lundy & Bookman, Inc., Los Angeles, California, for plaintiffs-app

More...   $0 (03-03-2010 - CA)

Lydia Dominguez v. Arnold Schwarzenegger

In 1973, the State of California established the In-Home Supportive Services (IHSS) program to provide in-home assistance and care to low-income elderly and disabled persons who otherwise would be unable to remain safely in their homes. See Cal. Welf. & Inst. Code § 12300. Plaintiffs- Appellees, a putative class comprised of recipients of the State’s IHSS program and the unions who represent IH

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New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs

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Charles Kalil v. Town of Dummer Zoning Board of Adjustment

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their appeal of

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Ferrisburgh Realty Investors v. Robert A. Schumacher and Bonnie L. Schumacher

Developer Ferrisburgh Realty Investors (FRI) appeals from the trial court’s decision, following a jury verdict, in this contract dispute. Landowner Robert Schumacher cross-appeals.[1] FRI argues that the court erred by: (1) denying its request to allow certain claims to go to the jury; (2) refusing to allow it to amend its complaint to add a new claim; (3) reducing the jury’s award of damage

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Youxin Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

This appeal, arising from a judgment of the United States District Court for the Southern District of New York (Cote, J.), requires us to consider whether the New York Uniform Commercial Code Section 4-A-505, which imposes a one-year statute of repose on certain claims based on electronic funds transfers, bars Plaintiffs-Appellants’ common law claims, which have longer limitations periods. The D

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Media Technologies Licensing, LLC. v. The Upper Deck Company

Media Technologies Licensing, LLC (“Media Tech”) appeals the judgment of the United States District Court for the Central District of California granting summary judgment that U.S. Patent No. 5,803,501 (“’501 patent”) and U.S. Patent No. 6,142,532 (“’532 patent”) are invalid due to obviousness. Media Techs. Licensing LLC v. Upper Deck Co., No. 01-1198 AHS-AN (C.D. Cal. Oct. 6, 2008

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Rene Sawanie Merswin v. The Williams Companies, Inc.

Rene Sawanie Merswin, who at all times has proceeded pro se, appeals from the district court’s order dismissing under Fed. R. Civ. P. 12(b)(6) his 42 U.S.C. § 1981 claims as barred by the doctrine of res judicata and his 42 U.S.C. § 1985(2) claim for failure to state a claim upon which relief may be granted. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I. BACKGROUND

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Donald Earl Deweese v. Patterson UTI Drilling Company

¶1 The issue on certiorari is whether the Court of Civil Appeals erred when it reversed the judgment entered upon a jury verdict in favor of plaintiffs, Donald Deweese and his wife, Pamela, because the trial court instructed on res ipsa loquitur. 1 Plaintiffs contend the appellate court reached its erroneous decision by weighing the evidence and substituting its judgment on contested factual matt

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Walter Wiesenberg v. Costa Crociere, S.p.A.

This is an appeal of an order dismissing Walter Wiesenberg’s complaint for personal injuries he sustained as a passenger on a cruise ship. We affirm the dismissal order on the theory that the forum selection clause in the cruise ticket is enforceable. The lawsuit of plaintiff Wiesenberg had to be filed in federal court.

I.

The trial court dismissed the case now before us on the

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Jorge Chacon v. Edward Litke

In these consolidated appeals, defendants Edward Litke and the Edward Litke Revocable Trust of 1995 (Litke) appeal from a judgment and postjudgment order of the San Francisco Superior Court in a wrongful eviction action in favor of plaintiffs Jorge Chacon, Sr., Gilma Chacon and their adult children, Jorge Chacon, Jr., Amilcar Chacon, and Tania Chacon (Chacons).1 Following a bench trial, the court

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Shell Oil Company v. Ralph Ross

Appellants, Shell Oil Company (“Shell Oil”) and Shell Western E&P (“Shell Western”) (collectively “Shell”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Ralph Ross, in Ross’s suit against Shell for breach of contract, unjust enrichment, and fraud concerning the underpayment of oil and gas royalties to Ross’s grandmother, Gertrude T. Reus

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Michael E. McKinzy Sr. v. Internal Revenue Service

Pro se plaintiff Michael E. McKinzy, Sr., sued the Internal Revenue Service (IRS) for its alleged failure to pay him tax refunds. The district court granted the IRS’s motion for summary judgment, holding the claims for tax years 1999, 2001, 2002, and 2003, were barred by the doctrines of res judicata and/or collateral estoppel.

The court further held the claim for 2003 was moot because

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Bessemer & Lake Erie Railroad v. Seaway Marine Transport

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Ship

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Donald Hagerott and Mark Hagerott v. Morton County Board of Commissioners

[¶1] Donald and Mark Hagerott appeal from a district court order affirming a decision by the Morton County Board of Commissioners to issue Fred Berger a conditional use permit to operate a feedlot on Berger's property in Morton County. The Hagerotts argue they have standing to challenge the conditional use permit, the Morton County Commission's interpretation of a Morton County Animal Feeding Ope

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