Res Ipsa Loquitur Law
 
Michaela Alexandru v. Patricia Strong

The plaintiff, Michaela I. Alexandru, appeals from the summary judgment rendered by the trial court on each of her five claims in favor of the defendant, Patricia M. Strong, the plaintiff's former attorney. We affirm the judgment of the trial court.

This action arises out of the defendant's legal representation of the plaintiff in a federal lawsuit against the plaintiff's former employer

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The People of the State of South Dakota in the Interest of S.M.D.N and C.P.N., Minor Children and Concerning P.A.N., P.S. and The South Dakota Department Of Social Services.

[1.] In this abuse and neglect case, P.S., a father whose parental rights to two children were terminated, attempts to appeal from an order of the circuit court that dismissed his motion for reconsideration. Because a denial of a motion for reconsideration is not an appealable order in its own right, this Court is without jurisdiction to review that order and the appeal is dismissed.

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Sue Spencer v. Joseph A. Sommer; Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A.

Plaintiff Sue Spencer appeals from the entry of summary judgment in favor of defendants, attorney Joseph A. Sommer and his law firm Sommer, Fox, Udall, Othmer, Hardwick & Wise, P.A. in this diversity action for legal malpractice, breach of fiduciary duty, and deceit. Spencer alleged that Sommer, as co-personal representative of her late father's estate, and Sommer's firm, as counsel for the est

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Christopher Gibson v. Mayor and Council of the City of Wilmington, et al.

Plaintiff Christopher Gibson ("Gibson"), a ten year veteran of the Wilmington, Delaware Police Department ("WPD") who was discharged for making dishonest statements to his supervising officers, appeals the District Court's sua sponte grant of summary judgment on the grounds that the regulation pursuant to which he was discharged, WPD Directive 7.3D, the "Honesty Directive," was vague and

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Morton M. Weinburg, et al. v. Safeco Insurance Company of America

These appeals began in an underinsured motorist ("UIM") arbitration between appellant Safeco Insurance Company of America ("Safeco") and respondent Morton Weinberg. Morton received an award well above the limits of his automobile policy with Safeco. After Safeco paid the policy limits, Morton and his wife, respondent Roberta B. Weinberg, sued Safeco for bad faith. Respondents lost, and judgm

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T. Maria Welding, et al. v. Bios Corporation

An employer is not required to pay overtime to an employee who provides companionship services to the aged or infirm in a private home. The plaintiff employees here provided services to developmentally disabled persons in a variety of living arrangements. In determining whether these living arrangements qualified as private homes, the district court analyzed the various living arrangements as a

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David R. Teague v. Missouri Gaming Commission

David R. Teague appeals the decision of the Missouri Gaming Commission (the "Commission") denying his application for a Level I Occupational License ("Level I License") and suspending his Level II Occupational License ("Level II License") for thirty days. He contends that the Commission erred in denying his application for a Level I License and for suspending his Level II License on the basis that

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BEVERLY CORREIA AND JOHN CARVALHO v. KEVIN FITZGERALD, ETC., ET AL.,

The appellants in this tort action profess disappointment with the jury's take-nothing verdict and invite us to order a new trial. Finding their disappointment understandable but their arguments unpersuasive, we decline the invitation.

I.

Background

The facts are straightforward. On February 5, 1997, plaintiffs-appellants Beverly Correia and John Carvalho were passengers i

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Dr. Glenn Parker v. State of Florida Board of Education, et al.

On remand from our decision in Parker v. Fla. Bd. of Regents ex rel. Fla. State Univ., 724 So. 2d 163 (Fla. 1st DCA 1998), judgment was entered against appellees for breach of a salary contract "based upon a conditional contract which was capable of being performed by FSU within one year." 724 So. 2d at 169-70. On account of salary disputes in ensuing years, a second action was filed in circui

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Robert E. Hill v. Jack E. Potter, Postmaster General

This procedurally intricate litigation began seven years ago when Robert Hill, a supervisory employee of the Postal Service, brought suit in the federal district court in Chicago, charging age, race, and sex discrimination, plus retaliation for complaining about the discrimination, all arising from his failure to obtain positions in either of two executive tiers in the Postal Service -

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Mattel, Inc. v. Greiner and Hausser GmbH, et al.

Barbie, the ubiquitous doll produced by Mattel, has been a regular visitor to our court.1 This time she brings with her an issue of personal jurisdiction - not over her, but over a German toy company which has questioned her ancestry by asserting that Barbie was a copy of its doll and that Mattel had infringed its patent and other intellectual property rights. The German company, Greine

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FERGUSON BEAUREGARD/LOGIC CONTROLS, DIVISION OF DOVER RESOURCES, INC. v. DELAWARE CAPITAL FORMATION, INC., et al.

Ferguson Beauregard/Logic Controls, Division of Dover Resources, Inc. ("Ferguson") and Delaware Capital Formation, Inc. ("Delaware Capital") appeal various aspects of a judgment of the United States District Court for the Eastern District of Texas following a bench trial concerning, inter alia, allegations of infringement of four patents and multiple versions of accused infringing devices. Fer

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MABEL S. JONES, etc. v. PRINCE GEORGE'S COUNTY, MARYLAND, et al.

In this case, we must decide whether the minor child of the victim of a fatal police shooting may intervene in a wrongful death action brought by the personal representative of the victim's estate. Although we disagree with the district court that the minor child must have an independent state-law cause of action in order to participate in this litigation, we agree with the court that the

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IN RE THE MARRIAGE OF ARTHUR LEE WITTEN III AND TAMERA JEAN WITTEN

Family Law - Divorce: The primary issue raised on appeal of the district court's decree in this dissolution action is whether the court properly determined the rights of Arthur (known as Trip) and Tamera Witten with respect to the parties' frozen human embryos stored at a medical facility. While we agree with Tamera that the informed consent signed by the parties at the request of the medical f

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Farmland Foods, Inc. v. Dubuque Human Rights Commission and Samuel O. Taylor

This employment case centers on a variety of complaints of discrimination by an employee of a meatpacking plant over the course of his employment. A local human rights commission awarded damages. The district court reversed the decision of the human rights commission on judicial review and dismissed the complaint. On appeal, the court of appeals reversed the decision of the district court. On f

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In re: ATD Corporation

ATD Corporation, the debtor in this Chapter 11 bankruptcy proceeding, appeals following the district court's affirmance of the bankruptcy court's order allowing the claims of two creditors, Advantage Packaging, Inc., and Molded Materials, Inc., despite their having failed to physically file a proof of claim before the "bar date." Debtor argues that the bankruptcy court's Bar Date Order required

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Karen B. Metheny, et al. v. Katherine Becker, et al.

This is an appeal from the district court's dismissal of a removed state court action in which several residents of the town of Boxborough, Massachusetts, sought to undo a decision of the Boxborough Zoning Board of Appeals. The decision in question occurred in May 2002, when the Board settled a federal lawsuit brought against it by Omnipoint Communications, Inc., by issuing a variance permittin

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Shirish Wagh v. Metris Direct, Inc., et al.

Plaintiff-Appellant Shirish Wagh appeals the United States District Court's Fed. R. Civ. P. 12(b)(6) dismissal of his civil RICO action against Metris Direct, Inc.; Metris Direct Services, Inc.; Metris Companies, Inc.; and DirectAlert ("Defendants-Appellees" or "Metris Direct") for failure to state a claim. Wagh argues that the district court erred in dismissing with prejudice his claims

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Colmar, Ltd. v. Fremantlemedia North America, Inc.

Plaintiff, Colmar, Ltd. (Colmar), appeals from the trial court's order dismissing its complaint seeking to vacate an arbitration award entered in favor of defendant, Fremantlemedia North America, Inc. (FMNA). Colmar argues on appeal that the trial court erred by affirming the arbitration award because (1) the arbitration award was void due to the fact that defendant was represented during the a

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Marjorie Maddox Steger; William L. ("Bill") Steger, Jr., and John Marshal Steger v. Muenster Drilling Company, Inc., David Keith Miller, Wayne Porter, Chris A. Hess, Doyle E. Hess, Frank F. Hess, Angelo B. Nasche, Randy Wimmer and wife, Linda Wimmer

In this will construction case, Marjorie Maddox Steger (Mrs. Steger) and her two sons, William L. ("Bill") Steger, Jr. and John Marshal Steger (the Steger sons), appeal the trial court's judgment that appellees are the owners of the working interests in certain oil and gas leases in Montague County, Texas. Because we conclude that the trial court properly construed the will at issue with res

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Frost National Bank v. L&F Distributors, Ltd.

This is a contract dispute involving the assumption of two lease agreements. The only parties to this case are Frost and L&F. Frost (the lessor) is a bank headquartered in San Antonio, and L&F (the assignee) is a beer distributor headquartered in McAllen. Williams Distributors, Inc. (the assignor) is a now-defunct beer distributor that previously served the Corpus Christi area.

On Februa

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Monroe County v. Thora Ambrose

In the proceedings below, the trial court granted summary judgment in favor of Thora Ambrose, et. al. ("Landowners"), finding that Section 380.05(18), Florida Statutes (1997),1 created a vested right for the Landowners to complete development of single-family homes on their land. Monroe County, the Department of Community Affairs, and the Village of Islamorada (hereinafter collectively re

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Union Insurance Company v. Evelyn Hottenstein

this action for declaratory relief involving a commercial general liability insurance policy, defendant, Evelyn Hottenstein, appeals the summary judgment in favor of plaintiff, Union Insurance Company. We affirm.

In 1998, Hottenstein filed a complaint against a construction company and its owner, alleging several claims, including breach of a contract to remodel her home and negligence. I

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CARL GRUBB v. S.D. WARREN COMPANY et al.

[1] S.D. Warren Company appeals from a decision of a hearing officer of the Workers' Compensation Board (Jerome, HO) granting Carl Grubb's petition for restoration and awarding him partial incapacity benefits pursuant to 39-A M.R.S.A. § 224 (Supp. 2002). S.D. Warren contends that it was error to recalculate the employee's benefits in the absence of a finding that his circumstances had changed

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City of Albuquerque, et al. v. New Mexico Public Regulation Commission and Publis Service Company of New Mexico

The Cities of Albuquerque and Santa Fe and the Counties of Bernalillo and Santa Fe, among others, (collectively, the Local Governments) appeal the approval of a tariff by the New Mexico Public Regulation Commission (PRC) that allows Public Service Company of New Mexico (PNM) to recover costs incurred in complying with any local ordinance to place utility systems underground, including placing new

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