Res Ipsa Loquitur Law
 
Fronalee Soto v. Board of County Commissioners of Caddo County, Oklahoma Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Fronalee Soto, as administrator of the estate of Antonio Jimenez, appeals the
dismissal of her 42 U.S.C. § 1983 complaint against the Board of County
Commissioners of Caddo County, Oklahoma; Caddo County Sheriff Lennis Miller in
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without

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303 Creative, LLC and Lorie Smith v. Aubrey Elenis District of Colorado Federal Courthouse - Denver, Colorado Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiffs 303 Creative LLC and Lorie Smith sued various Colorado officials
(collectively, the state) to preempt them from enforcing certain parts of the Colorado
Anti-Discrimination Act (CADA), Colo. Rev. Stat. § 24-34-601. The plaintiffs say
the CADA interferes with their plan to design wedding websites for opposite-sex—
but not same-sex—couples. Although there are some pertinent

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STATE OF KANSAS v. ANTHONY S. SMITH Morelaw Performance Internet Marketing 918- 582-3993 Your Completely Free Marketing If It Does Not Work Source >

Smith was charged with possession of cocaine, possession of marijuana, and battery against a law enforcement officer for acts he committed in 1992. Smith pleaded guilty to the offenses and was sentenced in August 1993.

At sentencing, the district court noted that if Smith were sentenced under the Kansas Sentencing Guidelines Act (KSGA), which took effect on July 1, 1993, Smith would h

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Lisa K. Brown v. Holiday Inn Express & Suites et al.

On September 28, 2014, Brown was a guest of the Holiday Inn Express & Suites Columbus East, which P & S owns and operates. Brown took a shower and, afterwards, grabbed a towel off the rack to dry herself. While Brown was drying her face, she discovered that feces covered the towel she was using. As a result of this incident, Brown allegedly suffered physical injury and emotional distress.

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STATE OF OHIO -vs- Brian Bigelow

{¶ 3} The term “post-release control” was not specifically used in any of the sentencing entries, however, each of the entries stated that Bigelow was “given notice under R.C. 2929.19(B)(3),” which, at the time, required the trial court to “notify” the offender that a term of post-release control either would or may be imposed (depending on the nature and degree of the offense of which the o

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Theodore Hayes and Aqeela Fogle v. Philip E. Harvey Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

The Hayes family receives enhanced voucher rental
assistance from the federal government, and a federal statute
provides that enhanced voucher holders “may elect to remain”
in their housing developments, even after their landlord has
opted out of the federal housing assistance program. 42 U.S.C.
§ 1437f(t)(1)(B). But the Hayes family’s landlord, Appellee
Philip Harvey, cont

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Ridge Natural Resources, LLC, Calvin Smajstrla, Christopher Hawa and Wilson Hawa v. Double Eagle Royalty, LP Ridge Natural Resources LLC Mineral Rights

Although an in-depth examination of oil-and-gas principles is not necessary to resolve the merits of this appeal, we pause briefly to define the various rights at issue in a mineral estate so as to ground our subsequent discussion and provide context as to what rights the McDaniels purportedly believed they were conveying, and what rights may have actually been conveyed in the agreement the Mc

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United States of America v. Funds In The Amount of One Hundred Thousand and One Hundred Twenty Dollars ($100,120.00) Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In December 2002, law enforce-ment seized $100,120 in United States currency from a passen-ger on an Amtrak train. The federal government initiated a civil forfeiture proceeding against the currency. The passen-ger and the owner of the funds, neither of whom were ever charged with committing any crime related to the funds, joined the suit as claimants. After fourteen years and two ap-peals, the ca

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Larry D. Lincoln; Brad C. Mosbrucker v. BNSF Raiway Company District of Kansas Federal Courthouse - Topeka, Kansas

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv

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Center for Biological Diversity v. Ryan K. Zinke Montana District Federal Courthouse - Missoula, Montana

This Endangered Species Act (“ESA”) case concerns the Upper Missouri River Valley Distinct Population Segment of Arctic Grayling (“arctic grayling”), a cold-water fish in the Salmonidae family. Before us is a challenge to the Fish and Wildlife Service (“FWS”)’s decision not to list the arctic grayling as an endangered or threatened species under the ESA. Plaintiffs-Appellants Center for Biological

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DAVID LAWRENCE SMITH v. STATE OF KANSAS

A jury convicted Smith of one count of aggravated indecent liberties with a child under 14 years of age and two counts of aggravated indecent liberties with a child over 14 years of age but less than 16 years of age. In his direct appeal, Smith alleged eight trial court errors, which included the district court's denial of his motion for a new trial. The Court of Appeals affirmed Smith's convictio

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STATE OF KANSAS v. DAMIEN M. TERRELL

In 2011, Terrell pled guilty to possession of cocaine and marijuana, a drug tax stamp violation, and two offender registration violations. The district court imposed a 120-month underlying prison sentence, although the court granted a dispositional departure to probation. Terrell filed no appeal.

In 2013, Terrell admitted to violating the terms of his probation. The district court revo

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LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo

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Naperville Smart Meter Awareness v. City of Naperville Northern District of Indiana Federal Courthouse - Lafayette, Fort Wayne, South Bend, Hammond Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The City of Naperville owns and op-erates a public utility that provides electricity to the city’s res-idents. The utility collects residents’ energy-consumption data at fifteen-minute intervals. It then stores the data for up to three years. This case presents the question whether Naper-ville’s collection of this data is reasonable under the Fourth
2 No. 16-3766
Amendment of the U.S. Cons

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Jason Springer v. Cleveland Clinic; Employee Health Plan Total Care Northern District of Ohio Courthouse - Cleveland, Ohio Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Sometimes it’s easier to seek forgiveness than permission. Jason Springer hoped as much when he arranged air ambulance transportation for his son before his employee benefit plan could verify his membership and authorize the service. But the plan administrator denied Springer’s claim for coverage because he did not obtain the precertification required for nonemergency transportation. The district

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STATE OF OHIO - vs - DAVID MARTIN

On September 11, 2014, Martin was found guilty of the following: Aggravated Murder with specifications of Aggravating Circumstances and a Firearm Specification in violation of R.C. 2903.01(A) and (F), R.C. 2941.14(C), R.C. 2929.04(A)(5) and (7), and R.C. 2941.145 (Count Two); Attempted Aggravated Murder with a Firearm Specification in violation of R.C. 2923.02(A) and (E)(1), R.C. 2903.01(B) a

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State of Ohio v. Reginald L. Greene

On August 15, 2005, a Franklin County Grand Jury indicted Greene for failure to pay court-ordered child support to his child, B. S., for 26 accumulated weeks of a 2-year period. (Aug. 15, 2005 Indictment 05CR-5445.) He pled guilty to that offense on February 13, 2006. (Feb. 13, 2006 Plea Tr. 05CR-5445, filed Nov. 17, 2017; Feb. 13, 2006 Plea Form 05CR-5445.) However, due to circumstances not

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STATE OF OHIO v. CALEB JACOBS

Jacobs was convicted in 2013 of felonious assault, assault, and escape. (Doc. No. 42). On April 1, 2013, he was sentenced to an aggregate term of four and one-half years’ imprisonment. (Doc. No. 45). At the sentencing hearing, the trial court notified Jacobs that “it is mandatory that after your prison sentence, * * * you will be on post-release control under the authority of the parole a

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STATE OF OHIO v. WILLIAM D. MORGAN

On June 18, 2010, Morgan entered into a plea agreement and pled guilty to
numerous felony offenses, including three counts of aggravated robbery, three counts of
kidnapping, three counts of possessing criminal tools, and four counts of tampering with
evidence. In exchange for Morgan’s guilty plea, the State agreed to dismiss all
specifications attached to the charges, which i

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THE PEOPLE OF THE STATE OF ILLINOIS v. DENNIS L. BAILEY

In July 2004, defendant was charged with one count of residential burglary and one count of disarming a peace officer. The circuit court allowed defendant’s public defender to withdraw, and defendant proceeded pro se at his 2005 jury trial. Defendant was found guilty as charged and was sentenced to concurrent prison terms of 24 years on each of the two counts. On direct appeal, defendant’s sole cl

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Jan C. Torres-Pagan v. Commissioners, Social Security Administration (Nancy A. Berryhill) District of Massachusetts Federal Courthouse - Boston, Massachusetts

In this Social Security
benefits opinion, Jan Torres-Pagán ("Torres-Pagán") appeals from
the District Court's order upholding an administrative law judge's
("ALJ") conclusion that, although he had previously been eligible
for Supplemental Security Income ("SSI") benefits as a child, he
was ineligible for the same as an adult. Because we believe the
record before the ALJ was

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Joan E. Farr v. Daryl Davis; Dennis Moon; Deann Coote; John Patrick Hall; Huckleberry Homeowners Association District of Kansas Courthouse - Kansas City, Kansas

Proceeding pro se,1 Joan Farr appeals the district court’s order granting
summary judgment on her 42 U.S.C. § 1983 claim in favor of the Huckleberry
Homeowners Association and its board members (collectively, HOA). She also
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument wouldn’t materially assist in the determination of

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STATE OF KANSAS v. RICKY J. STOVALL

On April 11, 2006, the State charged Stovall with one count of rape of a child under 14, one count of rape when the victim was overcome by force or fear, and an alternative count of aggravated indecent liberties with a child. The charges were based on evidence that Stovall began having sexual intercourse with his biological daughter, N.D.S., born in March 1985, shortly after she turned 12 year

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Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c

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Abdur Rahim Ambrose a/k/a Abdur Ambrose v. State of Mississippi

On the afternoon of April 7, 2013, Demetrius Lee returned home from work between 3:00 and 4:00 p.m. Lee resided in the DeLisle community at 7486 Lobouy Road, which is part of a larger property commonly known as “the Hill.” The Hill is comprised of two houses and a mobile home. While Lee was relaxing, someone knocked on his window, but he remained inside. Twenty to thirty minutes later, Lee wen

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