Res Ipsa Loquitur Law
 
The Donna Independent School District, et al. v. Damon Gracia

The Donna Independent School District, the Donna Independent School District Board of Trustees, and Joe Gonzalez, superintendent of schools, (collectively referred to as "the District") bring this interlocutory appeal of the trial court's denial of the District's plea to the jurisdiction of a suit filed by Damon Gracia, appellee. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon 2008).

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Joyce Driskill and James Driskill v. Ford Motor Company and Texas Instruments, Inc.

James and Joyce Driskill's 1993 Lincoln Town Car caught fire in 2003, while turned off and parked in the garage at their house. The fire spread to the Driskills' house, destroying most of their personal belongings. A subsequent investigation determined that the fire originated in the left rear area of the car's engine compartment. Ultimately, the Driskills filed suit in Van Zandt County, Texas, (1

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Missouri Coalition for the Env v. FERC

The Federal Energy Regulatory Commission (FERC) authorized reconstruction of the Taum Sauk Pumped Storage Project. Missouri Coalition for the Environment (MCE) and Missouri Parks Association (MPA) petition for review, asserting that FERC violated the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321- 47. Having jurisdiction under 16 U.S.C. § 825l(b), this court denies the petition for

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Ymelda T. Patrick v. Alacer Corporation

Plaintiff Ymelda T. Patrick appeals from a judgment of dismissal entered after the court sustained defendant Alacer Corporation’s (Alacer) demurrer to her third amended complaint without leave to amend. Plaintiff asserted shareholder derivative and direct causes of action against Alacer and three individuals who sit on its board of directors and serve as trustees of the trust that is its sole re

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Travelers Property Casualty Company of America v. ConocoPhillips Company, as CV successor-in-interest to Tosco Corporation

In these consolidated appeals, Travelers Property Casualty Company of America (“Travelers”) appeals from the district court’s judgment in favor of Tosco Corporation (“Tosco”)1 and from the district court’s award of costs. Travelers contends that Tosco breached the unambiguous language of the workers’ compensation insurance policy (the “Policy”) that Travelers issued to Tosco. For

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Robert W. Manley and Jane Manly v. City of Shawnee, Kansas

This appeal and cross-appeal emanate from the Shawnee Mission School District's (school district) application to the City of Shawnee (City or City Council) for a special use permit to allow the construction of an illuminated softball complex and stadium next to property owned by Robert and Jane Manly. Although the facility has been constructed and in use for some time, the City appeals the distric

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Robert and Kathleen Knowles v. Fleetwood Hotorhomes of California, Inc.

Because a crack formed in the side wall of their new motor home, Robert and Kathleen Knowles sued Fleetwood Motorhomes of California, Inc. But, because the Knowles had previously sued Fleetwood about that motor home, the district court by summary judgment swept away the Knowles' lawsuit by broadly ruling the doctrine of res judicata barred their warranty and consumer claims. This doctrine is somet

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Jamie K. Sanders, et al. v. Southwestern Bell Telephone, L.P., et al.

Plaintiffs-Appellants Jamie Sanders, Denise Coffey, and Karie Brooks appeal the district court’s entry of summary judgment in favor of Defendant- Appellee Southwestern Bell Telephone, L.P. (“SWBT”) on their claims of age and sex discrimination. They also appeal the court’s dismissal of co-defendant Southwestern Bell Communications (“SBC”) for improper service. We have jurisdiction unde

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Gregory Fenlon v. Union Electric Company

Gregory Fenlon appeals from the judgment of the Circuit Court of St. Louis County granting Respondent Union Electric Company's motion to dismiss Fenlon's petition. Fenlon claims that the trial court erred in granting the motion to dismiss because Union Electric Company ("UE") had a duty to maintain the easement on which its electrical lines were located and that duty obligated UE to remove any tre

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Noble Systems Corporation v. Alorica Central, LLC

Noble Systems Corporation sued Alorica Central, LLC, Pandora Select Partners, LP, and Whitebox Advisors, LLC (doing business as Pandora Select Partners, LP)1 for tortious interference with a business relationship, fraud and intentional and negligent misrepresentation, conversion, unjust enrichment, and conspiracy to defraud Noble and convert its property. Noble also sued Alorica for replevin. Base

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Connie Mikolajczyk, etc. v. Ford Motor Company, et al.

James Mikolajczyk died of injuries sustained when the Ford Escort he was driving was struck from behind by another vehicle. His widow, as special administrator of his estate, sued the other driver, claiming negligence, and Ford Motor Company and Mazda Motor Corporation, claiming defective design of the driver’s seat. Summary judgment was entered against the other driver. The claims against the o

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Motorola Inc. v. Amkor Technology, Inc.

Motorola, Inc. (“Motorola”) appeals the order of judgment in favor of Amkor Technology, Inc. (“Amkor”) following a bench trial in Superior Court. Motorola argues that the trial court erred 1) by not judicially estopping Amkor from changing its argument concerning the relationship of two clauses of a Patent License Agreement (“PLA”); 2) by not entering judgment as a matter of law based

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Mark Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc.

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. (“Fairchild”) against Sterling Holding Company, LLC (“Sterling”) and National Semiconductor Corporation (“National”) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 and 16b

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Vineland Fireworks Co., Inc. v. Bureau of Alcohol, Tobacco, Firearms & Explosives

Vineland Fireworks Co., Inc. (“Vineland”) appeals the decision of the Acting Director (“Director”) of the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) to revoke its license to manufacture fireworks and to deny its application for the renewal of its license to import fireworks. The Director found that Vineland’s failure to keep records of its daily summary of magazine tra

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David M. Somers v. John M. Chan

This is the latest in a series of lawsuits pursued by the plaintiff, David M. Somers, to collect an amount allegedly owed by the defendant, John M. Chan. In this appeal, we must decide whether the trial court correctly determined that the defendant was not liable for legal fees of $75,000 allegedly incurred by Lynn Chan, the defendant’s former wife, and claimed by the plaintiff, her former attor

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Edward Rosenfield v. I. David Marder and Associates, LLC, et al.

In this breach of contract action, the plaintiff, Edward Rosenfield, appeals from the summary judgment rendered by the trial court in favor of the defendants, I. David Marder & Associates, LLC, and Marder & Kallet. On appeal, the plaintiff claims that the court improperly granted the defendants’ motion for summary judgment on the ground that the action was commenced beyond the applicable statute

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Michael K. Oman v. Davis School District, et al.

¶1 Michael Oman was an employee of Davis County School District (the “District”) until 2003, when he was fired. Oman subsequently filed suit against the District and seven District employees (collectively, “Defendants”), claiming breach of contract, breach of the implied covenant of good faith and fair dealing, defamation, intentional infliction of emotional distress, and violation of the

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United States of America, et al. v. Real Property Located at 475 Martin Lane, etc.

This consolidated appeal requires us to decide, inter alia, whether the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”) permits district courts to authorize ex parte extensions of the deadline to file civil forfeiture complaints. We hold that it does. We further hold that, in the event of a dismissal of a civil forfeiture complaint by the court, a district court retains jurisdiction to adj

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Equal Employment Opportunity Commission (EEOC) v. Lee's Log Cabin

The Equal Employment Opportunity Commission (“EEOC”) filed suit against Lee’s Log Cabin restaurant in Wausau, Wisconsin, claiming it violated the Americans with Disabilities Act (“ADA”) when it refused to hire Korrin Krause Stewart for a waitstaff position because she was HIV-positive. After Log Cabin moved for summary judgment, the EEOC switched gears and claimed Log Cabin did not hire

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Steven Manning v. United States of America and Robert Buchan and Gary Miller

If a federal law enforcement officer commits a tort, the victim has two distinct avenues of relief: he may pursue a constitutional tort claim against the individual officer under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), or he may pursue a common law tort claim against the United States pursuant to the Federal Tort Claims

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Freddie Burrus, et al. v. State Lattery Commission of Indiana d/b/a The Hoosier Lottery

Plaintiffs, seven former employees of the State Lottery Commission of Indiana, which does business under the name Hoosier Lottery (hereinafter “Lottery”), sued their former employer under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964. They claimed that they were fired because of their race. The Lottery moved to dismiss the plaintiffs’ § 1981 claims on the basis that it was

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Russell Betker, et al. v. U.S. Trust Corp., N.A., et al.

This case arises from the settlement of a complex of securities fraud cases involving the sale of municipal bonds for renovation and construction of health care facilities. The litigation was commonly referred to as the In re Heritage Bond Litigation. The district court ultimately approved multiple settlement agreements between different plaintiffs and defendants pursuant to Federal Rule of Civil

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Joshua Allen Dachs, etc. v. Barry D. Hendrix, M.D., et al.

Appellants Joshua Dachs, individually, and Joy Dachs, as special personal representative of the estate of Elizabeth Dachs, deceased, appeal the Greene County Circuit Court’s order granting summary judgment in favor of appellees Dr. Barry Hendrix; Family Practice Clinic; Hendrix Medical Services, PLLC; and Paragould Physicians Management, LLC (collectively, the physician defendants); Rebecca Fish

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Matthew Thomas, et al. v. State of Rhode Island, et al.

Appellants are seven members of the Narragansett Indian Tribe ("the Tribe") The appellants are Narragansett Indian Tribe members MatthewThomas, Randy Noka, Bella Noka, Hiawatha Brown, John Brown, ThawnHarris, and Adam Jennings.


Close who brought suit under 42 U.S.C. § 1983 claiming that Rhode Island state officials, including state police officers, violated their constitutional r

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Chevron U.S.A., Inc. v. State of Louisiana, et al.

This case commenced with a concursus and declaratory judgment action filed by plaintiff, Chevron USA Inc., which sought to determine which of two defendants, the Plaquemines Parish Government (“PPG”) or the State of Louisiana, is entitled to receive mineral royalties being derived from Unit Tract 1 located in Plaquemines Parish, Louisiana. Pursuant to a lease granted by the Buras Levee Distric

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