Res Ipsa Loquitur Law
 
City of Fort Worth v. Audrey Robinson

The City of Fort Worth (the City) appeals the trial court=s denial of its plea to the jurisdiction in the lawsuit filed against it by Appellee Audrey Robinson. We hold the City conclusively established its employee=s official immunity from suit, thereby establishing the City=s governmental immunity. We reverse the trial court=s order and dismiss this cause for lack of subject-matter jurisdiction

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Dealer Computer Services, Inc. v. Old Colony Motors, Inc.

Dealer Computer Services, Inc., (Dealer Services) sued under 9 U.S.C. § 4 to compel Old Colony Motors, Inc., to pay a deposit in the underlying arbitration. In that arbitration, Old Colony informed the arbitrators that it could not afford to pay its share of the required deposit before the final arbitration. The arbitrators asked Dealer Services to pay the full deposit. Dealer Services refused an

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Chauncey M. Depree, Jr. v. Martha Saunders, et al.

Dr. DePree, a tenured professor, sued the University of Southern Mississippi’s president and various administrators and faculty members (“Appellees”) after he was removed from teaching duties in August 2007 and evicted from his office in the College of Business. The district court granted summary judgment in favor of the Appellees and denied DePree’s motion for temporary and permanent inju

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Eugene Cobbs v. Septa, David Abell, John Bleiler, and Susan Flower-Griffin

¶ 1 Eugene Cobbs (“Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, “Appellees”). Finding no error by the trial court, we affirm.

¶ 2 The trial court aptly summarized the factual and rathe

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David R. Wilcox v. Webster Insurance, Inc.

The named plaintiff, David R. Wilcox, and the plaintiff Shaun A. Wilcox,1 appeal2 from the trial court’s dismissal of their claims against the defendant Acadia Insurance Company.3 The plaintiffs assert that the trial court improperly granted the defendant’s motion to dismiss on the ground that the plaintiffs lacked standing.4 The defendant responds that the trial court properly concluded that

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Allan Michael Roth v. Bank of America, N.A., et al.

Allan M. Roth appeals from a final judgment of foreclosure. The judgment granted Pamela G. Roth's motion for final summary judgment. Because there were disputed issues of material fact that precluded entry of a final summary judgment, we reverse.

The promissory note and mortgage at issue arose from the dissolution of the marriage of Allan and Pamela Roth. As part of the equitable distributi

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Vaughn Schmechel v. Clinton Dille, M.D., et al.

This is an appeal from a district court‟s decision denying a new trial after it entered judgments on a jury verdict finding that Dr. Clinton Dillé, M.D., and Mr. Thomas Byrne, P.A., were not negligent in their medical treatment of Rosalie Schmechel, who died shortly after coming under their care at the Southern Idaho Pain Institute (SIPI) in 2003. Mrs. Schmechel‟s surviving spouse and childre

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Patricia Fierle v. Jorge Perez, M.D., Ltd., et al.

Appellants Patricia Fierle and her husband, Daniel Fierle, filed a complaint against Dr. Jorge Perez, members of his staff, and his professional medical corporation. The complaint stemmed from an incident where Patricia suffered severe burns from chemotherapy treatment that Dr. Perez’s staff administered. After initially failing to attach an expert affidavit to the complaint, the Fierles then

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Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov

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Tim Emberton v. GMRI Inc. f/k/a General Mills Restaurants, Inc. (D/B/A Red Lobster Restaurant #349), et al.

This is an appeal from a Court of Appeals' opinion reversing the Judgment of the Warren Circuit Court in favor of Appellant/ Cross- Appellee, Tim Emberton ("Emberton"), on the grounds that his personal injury action against Appellee/Cross-Appellant, GMRI Inc . ("GMRI"), was untimely filed and thus barred by the statute of limitations. For reasons that GMRI actively concealed Emberton's probable ca

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Cornel Henry Williams v. New Beginnings Residential Care Home

¶1 This appeal was filed by Cornel Henry Williams, Special Administrator of the Estate of Blaine Danielle Williams (Williams), from the trial court's order, filed August 19, 2008, granting his Motion to Reconsider, in which the trial court declined to disturb its order, filed July 8, 2008, granting summary judgment to Appellees New Beginnings Residential Care Home (New Beginnings) and Blue Sky Be

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National Park & Conservation Association v. Bureau of Land Management

Kaiser Eagle Mountain, Inc. (“Kaiser”) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Tree”). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLM”). Several parties, including the National Parks Con

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Roy L. Evans, et al. v. Lasco Bathware, Inc., et al.

Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty

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George Louie v. BFS Retail and Commercial Operations, L.L.C.

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud

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Benjamin Brownstein, et al. v. Kenneth C. Spilke

In these consolidated appeals, the substitute plaintiff, J. Diamond Properties, LLC (Diamond), and the defendant Georgina Spilke appeal from the judgment of the trial court denying Diamond’s motion for a deficiency judgment as to the defendant Kenneth C. Spilke.1 In AC 29796, Diamond claims that the court improperly determined that it failed to prove the fair market value of the subject property

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Mary Kathryn Brown v. City of Pittsburgh

This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment’s protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01–623.07. The Ordinance established two different

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Janeen Miller v. Kristen Nichols

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me. D. Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and parti

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Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc. and Kremers Urban, LLC

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax

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Nancy Kessling v. Friendswood Independent School District and Patricia Hanks

Nancy Kessling sued appellees, Friendswood Independent School District (AF.I.S.D.@) and its superintendent, Patricia Hanks, for various alleged violations of the Texas Open Meetings Act (ATOMA@), Texas Public Information Act (ATPIA@), and Texas Education Code. In two issues on appeal, Kessling contends that the trial court erred in (1) granting summary judgment against her TOMA and TPIA claims, a

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NULANKEYUTMONEN NKIHTAQMIKON v. ROBERT K. IMPSON, Acting Regional Director, Eastern Region, Bureau of Indian Affairs; and KEN SALAZAR, Footnote Secretary, United States Department of the Interior

This appeal is the second in continuing litigation by a group of members of the Passamaquoddy Tribe called Nulankeyutmonen Nkihtaqmikon--the phrase means "We Protect the Homeland," and we refer to the group as NN--to challenge a Bureau of Indian Affairs ("BIA") decision; the decision approved a lease of a plot of Passamaquoddy land for the construction and operation of a liquefied natural gas ("LN

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Sonoran Scanners, Inc. v. Perkinelmer, Inc.

Plaintiffs Joseph P. Donahue (“Donahue”) and Sonoran Scanners, Inc. (“Sonoran”) appeal from an order of the United States District Court for the District of Massachusetts granting summary judgment to defendant PerkinElmer, Inc. (“PerkinElmer”) on claims for breach of contract and violation of Massachusetts General Laws Chapter 93A, Mass. Gen. Laws ch. 93A § 11. These claims arise fro

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Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al.

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmacies

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Jerry D. Duncan v. Ford Motor Company

Jerry and Anna Duncan initiated this lawsuit against Ford Motor Company after a fire, originating under the hood of their 2000 Ford Expedition, destroyed their home. The Duncans alleged Ford knowingly installed a defective speed control deactivation switch into the vehicle, which caused it to ignite. At the conclusion of trial, the jury awarded the Duncans $620,759.79 in actual damages, reduced

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Nanodetex Corporation v. Defiant Technologies

Defiant claims that Nanodetex maliciously abused legal process by filing a meritless lawsuit against it that was really aimed at “tying up” Defiant in litigation so that it could not pursue its business plan and would be forced to merge its business into Nanodetex’s. At trial, the jury agreed and awarded Defiant $2,000,001 in damages. Nanodetex now appeals this result. In this diversity disp

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George White v. Jubitz Corporation

Plaintiff walked into a bar. He was injured when the stool he sat on collapsed beneath him and he sued defendant, the bar owner and operator, for the injuries that he incurred. A jury awarded plaintiff $37,600 in economic damages, approximately the amount that plaintiff's medical providers had billed him for their services. Plaintiff was over 65 years old and, pursuant to the federal Social Sec

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AK Morlan
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