Res Ipsa Loquitur Law
 
Andrea Barber v. American Airlines, Inc.

After plaintiff Andrea Barber filed a class action against defendant American Airlines, Inc., defendant moved quickly to refund the $40 baggage fee that plaintiff had paid in connection with her cancelled flight and that had been the subject of her class action suit. Citing the refund, the trial court found that there was no longer a controversy between the parties, and dismissed the suit pursuant

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Omar F. Jimenez, v. Wellstar Health System,

This case involves the allegedly discriminatory suspension of a physician’s medical staff privileges. Medical staff privileges allow a physician both to treat patients at the privilege-granting hospital and to receive patient referrals from that hospital. Appellees—physicians, administrators, and hospitals associated with WellStar Health System (WellStar)—suspended the medical staff privileg

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James and Elizabeth Carlson v. City of Houston

James and Elizabeth Carlson, Jose and Elizabeth Referente, Roger Campodonico, Sergio A. Lopez, Yan Wang, Hui Yao, Daniel and Andrea Seluk, Robert Hutchins, Robert and Kelly Farfan, Bonnie Corbett, Helen Pagola, and Manny Espinola appeal from an order granting the City of Houston’s plea to the jurisdiction. We reverse and remand.

Background

Appellants own residential un

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Farouk (Frank) Alattar v. John Ganim

In the dispositive issue in this appeal, we are asked to determine whether the statute of frauds bars a claim for appellant’s alleged breach of an agreement to purchase real property on behalf of a partnership. Because the statute of frauds applies but was not satisfied, we reverse and render judgment that appellee take nothing.

I. Factual and Procedural Background

On

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The City of Wichita Falls v. Mary E. Romm

Appellant The City of Wichita Falls (Athe City@) (SIC) appeals the trial court=s order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(8) (Vernon 2008). In seven issues, the City argues that the trial court erred by denying its plea to the jurisdiction because Appellee Mary E. Romm did not establish a waiver of the City=s governmental immunity under the Tex

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Service Employees International v. United States Department of Labor

Petitioners Service Employees International, Inc. and its insurer, Insurance Company of the State of Pennsylvania (together the “Employer”), seek review of a Final Order of the Benefits Review Board (the “Board”), an entity established within the office of respondent director, Office of Workers’ Compensation Programs, United States Department of Labor.

In the petition for revie

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Tommy Williams v. American Family Mutual Insurance

In this diversity action against American Family Mutual Insurance Company (American Family), Tommy Williams appeals the District Court’s1 adverse grant of summary judgment based on res judicata. Proceeding pro se on appeal following his attorney’s suspension from this court’s bar, Williams contends that his attorney failed to prosecute his prior state court case, which resulted in a final ad

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Karon R. Robinson v. Cavalry Portfolio Services, LLC

KaRon Robinson (KaRon) filed a Title VII suit claiming her employer, Cavalry Portfolio Services, L.L.C. (Cavalry), discriminated against her because she is a white woman married to a black man, Orlando Robinson (Orlando).1 KaRon represented herself at trial. The jury returned a verdict in her favor on claims of disparate treatment, retaliation and hostile work environment. Cavalry appeals from the

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Leon County, Texas v. Frances Donahoe

Frances Donahoe sued Leon County for personal injuries, asserting a premises liability claim. Leon County filed a plea to the jurisdiction and special exceptions, and Donahoe filed an amended petition. After some discovery had taken place, Leon County filed a “motion to dismiss for lack of subject-matter jurisdiction and, alternatively, for summary judgment.” The trial court denied the plea

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Pagosa Oil and Gas, L.L.C. and Sombrero Oil and Gas Company, L.L.C. v. Marrs and Smith Partnership and Rickey Smith

Pagosa Oil and Gas and Sombrero Oil and Gas Company appeal a summary judgment in favor of Marrs and Smith Partnership and Rickey Smith. We find that Pagosa Oil and Gas lacks standing to sue and we dismiss its claim for lack of subject-matter jurisdiction. The remaining summary judgment is reversed and the cause remanded.

This case marks the third chapter of litigation involving

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Counsel Financial Services, L.L.C. v. David McQuade Leibowitz, P.C. and David McQuade Leibowitz

The issue in this appeal is whether the Craddock motion for new trial standard relating to default judgments applies to proceedings under the Uniform Enforcement of Foreign Judgments Act. We hold that it does not.

Background

Appellant Counsel Financial Services, L.L.C. (“CFS”) provides case financing for attorneys. In 2004, CFS and David McQuade Leibowitz, P.C. enter

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Matthew T. Hinterlong v. Arlington Independent School District

Appellant Matthew T. Hinterlong appeals the trial court=s (SIC - The Texas Court of Appeals, Second District publishes reports with various characters substituted for the quotes and other symbols that one would expect.) judgment that he take nothing from Appellee Arlington Independent School District (AISD) on his due process claim asserted pursuant to 42 U.S.C. ' 1983 (2003). Hinterlong=s due pr

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Matthew T. Hinterlong v. Arlington Independent School District

Appellant Matthew T. Hinterlong appeals the trial court=s (SIC - The Texas Court of Appeals, Second District publishes reports with various characters substituted for the quotes and other symbols that one would expect.) judgment that he take nothing from Appellee Arlington Independent School District (AISD) on his due process claim asserted pursuant to 42 U.S.C. ' 1983 (2003). Hinterlong=s due pr

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American Zurich Insurance Company v. Daniel Samudio

Appellant, Zurich American Insurance Company (Zurich), a workers' compensation carrier, appeals from the trial court's judgment awarding attorney's fees to Daniel Samudio, appellee, and dismissing its appeal for lack of subject matter jurisdiction. Zurich had filed a petition for judicial review of a final decision by the Texas Department of Insurance Division of Workers' Compensation (Division)

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Hayluri Beckles-Palomarres v. Michael Andrew Logan, Jr.

On 20 May 2006, seven-year-old Joshua Beckles-Palomares1 (“Joshua”) was riding his bicycle south on Freeman Street in Winston-Salem, down a slight grade and approaching a “T” intersection with Wells Street. The intersection is controlled by a stop sign requiring vehicles on Freeman Street to stop before entering Wells Street. Michael Logan (“defendant Logan”) was driving his sport util

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Danny L. Benson v. AJR, Inc.

The appellants herein and defendants below, AJR, Inc., and John M. Rhodes (hereinafter collectively referred to as “AJR”), appeal from an order entered July 18, 2008, by the Circuit Court of Wood County. By that order, the circuit court entered judgment in favor of the appellee herein and plaintiff below, Danny L. Benson (hereinafter referred to as “Mr. Benson”), in the amount of $94,910.2

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Terri Crandall v. City and County of Denver

Plaintiffs Terri Crandall and JoAnn Hubbard sued for injunctive relief against the City and County of Denver under the citizen-suit provision of the Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. § 6972(a)(1)(B). Their concern is that aircraft deicing fluid (ADF), which can produce hydrogen-sulfide gas when it decomposes, endangers human health at Concourse B of the Denver Inter

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Arezou Mansourian v. Regents of the University

The statute known as Title IX, 20 U.S.C. § 1681, is widely recognized as the source of a vast expansion of athletic oppor- MANSOURIAN v. REGENTS OF UNIVERSITY OF CALIFORNIA 2213 tunities for women in the nation’s schools and universities, so much so that a company that sells women’s athletic apparel now mimics its name. See www.titlenine.com.

Despite that renown, the district court in

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Gerald Covell v. Harmon P. Menkis

The Illinois Deaf and Hard of Hearing Commission (“IDHHC”) is a state government agency that was established after the Illinois General Assembly passed the Deaf and Hard of Hearing Commission Act (“the Act”) in 1996. IDHHC coordinates services for, and advocates on behalf of, deaf and hard-of-hearing individuals in Illinois. Gerald Covell became the Director of IDHHC in November 1998, and

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Mulligan Law Firm, -v- Zyprexa MDL Plaintiffs' Steering Committee II

This interlocutory appeal concerns the attorney compensation structure established by the district court in this ongoing multidistrict litigation ("MDL"), and the applicability of that compensation structure to the Mulligan Law Firm ("Mulligan"). Mulligan represents more than two thousand plaintiffs in upwards of seventy cases that have been transferred by the Judicial Panel on Multidistrict Litig

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Bacon Construction Co. v. Dept. of Public Works

The defendant, the department of public works, appeals1 from the judgment of the trial court granting the application of the plaintiff, Bacon Construction Company, Inc., to confirm an arbitration award for damages relating to a public works contract between the parties and denying the defendant’s motion to vacate the award, and from the court’s denial of the defendant’s motion to dismiss the

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Proshiplilne, Inc. v. Aspen Infrastructures, Ltd.

The litigants’ legal relationship formally began on April 9, 2006, when EP-Team1 and Aspen2 entered into the Sales and Logistics Services Agreement. Under the Agreement, ProShipLine, 3 as EP-Team’s designated agent and assignee, agreed 1EP-Team is incorporated in Delaware. EP-Team is a consulting and management enterprise that works with companies across a variety of business sectors.

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The Cincinnati Insurance Company, v. Beazer Homes Investments, LLC et al.

The Cincinnati Insurance Company (CIC) sued Beazer Homes Investments, LLC in a declaratory-judgment action to establish that CIC was not obligated to cover the costs that Beazer incurred in repairing water damage to several houses that Beazer had built as the general contractor.

The damage was allegedly caused by faulty workmanship on the part of Beazer’s subcontractors. CIC’s motion f

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Mulligan Law Firm v. Zyprexa MDL Plaintiffs' Steering Committee

24 This interlocutory appeal concerns the attorney
25 compensation structure established by the district court in this
26 ongoing multidistrict litigation ("MDL"), and the applicability
27 of that compensation structure to the Mulligan Law Firm
28 ("Mulligan"). Mulligan represents more than two thousand
29 plaintiffs in upwards of seventy cases that have been transferred
30

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Dolores Hanrahan v. Riberhead Nursing Home

Dolores Hanrahan appeals the dismissal of her employment discrimination
16 complaint, which the district court held was barred by res judicata, based on the prior
17 dismissal of her state court petition for review of an adverse discrimination decision for
18 failure to join a necessary party. Because the state court’s dismissal was not a decision on
19 the merits that would prec

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