Res Ipsa Loquitur Law
 
Joshua Richard Braunschweig v. Summer Rae Fahrenkrog f/k/a Summer Rae Frank

Appellee, Joshua Braunschweig, seeks further review of the court of appeals decision reversing the district court’s grant of his application to change the surname of the parties’ minor child. The court of appeals determined the matter was governed by the name change procedures under Iowa Code chapter 674 instead of the procedures for initial name determinations under Iowa Code chapter 598. We

More...   $0 (10-18-2009 - IA)

Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc.

This appeal challenges the trial court's grant of summary judgment which found privi-leged a restaurant employee's statements to a passerby and a police officer that a customer had "pulled a gun" inside the store. The plaintiffs, Sanford Kelsey and Thomas Williams, respective-ly, the suspected gun carrier and his companion (neither of whom actually had a gun), sued the restaurant operator, Papa Jo

More...   $0 (10-13-2009 - IN)

James Turner v. Roman Catholic Dioceses of Burlington, Vermont

Defendant Roman Catholic Diocese of Burlington, Vermont appeals an adverse final judgment on the grounds that the superior court erred by (1) granting plaintiff James Turner’s motion for judgment as a matter of law and setting aside the jury’s finding on the statute of limitations’ discovery period, (2) failing to dismiss plaintiff’s claim of negligent supervision, and (3) granting a mistr

More...   $0 (10-12-2009 - VT)

Glen D. Jahn v. Hyundai Motor Company and Hyundai Motor America, Inc. d/b/a Hyundai Motor America

The United States District Court for the Southern District of Iowa certified two questions to this court arising out of a products liability action. The two certified questions are:

1. Will the Iowa Supreme Court adopt sections 16 and 17 of the Restatement (Third) of Torts: Products Liability governing liability for enhanced injury, specifically, including rules of joint and several liabi

More...   $0 (10-09-2009 - IA)

Harleysville Ins. Group v. Omaha Gas Applicance Co..

Nancy Sachs and Richard Sachs were allegedly killed by carbon monoxide poisoning after Omaha Gas Appliance Co., doing business as Rybin Plumbing and Heating (Rybin), failed to properly repair and maintain a gas boiler in their home. Victoria M. Beck is the personal representative of the estate of Nancy Sachs and special administrator of the estate of Richard Sachs, and in those capacities, she bro

More...   $0 (09-18-2009 - NE)

Emad Elkadrawy v. The Vanguard Group, Inc.

In a complaint dated May 1, 2008, plaintiff Emad Elkadrawy, an American citizen of Egyptian origin and a Muslim, alleged that his former employer, The Vanguard Group, Inc. (“Vanguard”), discriminated against him on account of his race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and his age under the Age Dis

More...   $0 (10-10-2009 - PA)

Storey Construction, Inc. v. Tom Hanks and Rita Wilson, husband and wife; and Lily Reeves

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all

More...   $0 (09-30-2009 - ID)

Kootenai Electric Cooperative, Inc. v. The Lamar Corporation

Kootenai Electric Cooperative, Inc. (KEC) appeals from the district court’s summary judgment dismissal of its claim for repayment from The Lamar Corporation and The Lamar Company, L.L.C. (Lamar) of the amount that KEC paid pursuant to a judgment in a personal injury case. The judgment was rendered against KEC for injuries that James E. Kuntz suffered when he came into contact with one of KEC’s

More...   $0 (10-02-2009 - ID)

Andrew Buesa, et al. v. City of Los Angeles

This is an appeal from a judgment on the pleadings in an action against the City of Los Angeles (City)1 brought by two former Los Angeles police officers, Andrew Buesa and Michael Cardenas. Plaintiffs seek damages for a violation of their rights under the Public Safety Officers Procedural Bill of Rights Act (Gov. Code, § 3300 et seq. (POBRA)).2 The gravamen of their complaint is that a perjured d

More...   $0 (10-02-2009 - CA)

Cruz Dominguez v. Walgreen Company

Cruz Dominguez filed suit against Walgreen Company for injuries her son, Alex Dominguez, received in an escalator incident in a Walgreen=s store. The trial court granted Walgreen=s motion for summary judgment, and Dominguez appeals. We affirm.

On December 14, 1990, Cruz Dominguez went into Walgreens with her son, Alex, who was five years old at the time. Cruz=s younger son, Andrew, and

More...   $0 (10-06-2009 - TX)

Litzi Nicholson v. Mary Shinn, M.D.

This is a summary judgment case that arises under the notice provision of the Medical Liability and Improvement Act, Tex. Civ. Prac. & Rem. Code § 74.051 (Vernon 2005) (MLIA). Appellant, Litzi Nicholson, brings this appeal to challenge a traditional summary judgment rendered in favor of appellee, Mary Shinn, M.D. on Nicholson's medical malpractice claim. In two issues, Nicholson contends that (1

More...   $0 (10-01-2009 - TX)

Giant of Maryland, LLC v. Julia M. Taylor

Giant of Maryland, LLC (“Giant”) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor

More...   $0 (10-05-2009 - )

Amanda E. Pusl v. Matthew J. Means and G & J Welding & Machine Company

¶ 1 Appellant Amanda E. Pusl appeals from the February 28, 2008 judgment in her favor in the amount of $25,000, entered in the Court of Common Pleas of Jefferson County.1 Upon review, we affirm.

¶ 2 The factual and procedural history of this appeal is as follows. Appellant was injured in a two-vehicle accident on April 26, 2002. The other vehicle involved in the accident was owned by Appe

More...   $0 (09-23-2009 - PA)

Steven Klein v. City of San Clemente

The City of San Clemente flatly prohibits the leafleting of unoccupied vehicles parked on city streets. We conclude that petitioners are likely to succeed in demonstrating that the City’s justification for its prohibition is insufficient and that they have otherwise met the requirements for obtaining a preliminary injunction enjoining enforcement of the prohibition.

We therefore reverse t

More...   $0 (10-04-2009 - CA)

Jose Antonio Aquirre v. Turner Construction Company, et al.

This is a tort suit brought in federal district court under the diversity jurisdiction by a bricklayer (and his wife, who is claiming loss of consortium).

It is governed, so far as the substantive issues are concerned, by Illinois law. The plaintiff was seriously injured when he fell off a scaffold while working on the renovation of Soldier Field, the big Chicago athletic stadium. His emplo

More...   $0 (09-30-2009 - IL)

Roger Anthony vl. Canal Indemnity Co.

This case arises out of a motor vehicle collision between Roger Anthony and Jan Stanislaw. The parties reached a settlement before a trial on the merits, and the district court dismissed without prejudice. Anthony filed a consent motion seeking dismissal with prejudice, which the district court granted. Defendants successfully moved to rescind that order under Federal Rule of Civil Procedure 60(b)

More...   $0 (10-03-2009 - LA)

National Association of Chain Drug Stores v. New England Carpenters Health Benefit Fund

On these appeals, certain pharmacies, several organizations representing pharmacies and an organization representing pharmacy benefit managers ("PBMs") challenge settlements in two class actions. The actions were brought by purchasers of pharmaceutical drugs against publishers of drug pricing data, as well as a wholesaler not party to these appeals. At issue are both the validity of the settlement

More...   $0 (09-03-2009 - MA)

Dolores Hunter v. Philip Morris, USA, et al.

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the

More...   $0 (09-28-2009 - AK)

Ron Nystrom v. Trex Co., Inc.

The United States District Court for the Eastern District of Virginia held that plaintiff Ron Nystrom was not precluded on res judicata grounds from litigating his infringement claim against Trex Company, Inc., Home Depot USA, Inc., and Snavely Forest Products Inc. (collectively, Defendants). The district court also held that Defendants did not infringe the asserted claims of U.S. Patent No. 5,474

More...   $0 (09-08-2009 - )

Amgen, Inc. v. F. Hoffman-La Roche, Ltd.

This is a patent case. Amgen Inc. (“Amgen”) is the owner of U.S. Patent Nos. 5,441,868 (“the ’868 patent”), 5,547,933 (“the ’933 patent”), 5,618,698 (“the ’698 patent”), 5,756,349 (“the ’349 patent”), and 5,955,422 (“the ’422 patent”). The patents relate to the production of the protein erythropoietin (“EPO”) using recombinant deoxyribonucleic acid (“DNA”)

More...   $0 (09-15-2009 - )

Emily's List v. Federal Election Commission

A non-profit group known as EMILY’s List promotes abortion rights and supports prochoice Democratic women candidates. It challenges several new Federal Election Commission regulations that restrict how non-profits may spend and raise money to advance their preferred policy positions and candidates. EMILY’s List argues that the regulations violate the First Amendment. The First Amendment, as in

More...   $0 (09-25-2009 - dc)

Southwest Stainless, L.P. and HD Supply, Inc. v. John R. Sappington, et al.

This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had

More...   $0 (09-25-2009 - OK)

Michael Bower v. Harrash's Laughlin, Inc., d/b/a Harrah's Laughlin Hotel and Casinon

This case arises out of a brawl between two biker gangs, the Hell’s Angels and the Mongols. The gangs brawled at Harrah’s casino in Laughlin, Nevada, during its annual River Run event in 2002. Several people were killed, and many were injured. As a result, several groups of plaintiffs, who were not directly involved in the brawl, sued Harrah’s under various negligence theories. These sui

More...   $0 (09-10-2009 - NV)

Tony Cantu v. John E. Maher, Thomas Tollett and Tommy's Seafood Restaurant

In two issues, appellant, Tony Cantu, seeks reversal of an order dismissing his suit against appellees, John Maher, Thomas Tollette, and Tommy=s Seafood Steakhouse, following the trial court=s finding of discovery abuse, and further finding that this case is groundless and brought in bad faith and for the purpose of harassment. Because all dispositive issues of law are settled, we issue this memor

More...   $0 (08-25-2009 - TX)

Durrett Development, Inc. Gulf Coast Concrete, LLC

This case arises out of a dispute between a landlord and its tenant, who contracted for an option to purchase the leased property The landlord-optionor sought a declaratory judgment to settle a dispute with the tenant-optionee under the parties= written agreement as to the tenant-optionee=s exercise of a purchase option or right of first refusal. The trial court granted summary judgment in favor

More...   $0 (08-17-2009 - TX)

Next Page

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