Res Ipsa Loquitur Law
 
Robert Furlough v. Trustee Lowell T. Cage Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

In bankruptcy litigation, the mishmash of multiple parties and multiple claims can render things labyrinthine, to say the least. To dissuade umpteen appeals raising umpteen issues, courts impose a stringent-yet-prudent standing requirement: Only those directly, adversely, and financially impacted by a bankruptcy order may appeal it.
This appeal is from a bankruptcy court order approving a trus

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Lois Davis v. Fort Bend County Southern District of Texas Courthouse - Houston, Texas Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Once again Lois Davis appeals the district court’s dismissal of her
lawsuit against her former employer, Fort Bend County. We previously
reversed and remanded, and we do so again today.
I.
Lois Davis was an information technology supervisor for Fort Bend
County. Davis filed a complaint with Fort Bend’s Human Resources
Department alleging that the information technology dire

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Carol E. Wassmann v. South Orange County Community College District

Appeal from a judgment of the Superior Court of Orange County, Frederick
P. Aguirre, Judge. Affirmed. Request for Judicial Notice. Granted in part and denied in
part. Motion to strike Appellant’s opening brief. Denied.
Carol E. Wassmann, in pro. per., for Plaintiff and Appellant.
Walsh & Associates, Dennis J. Walsh and Matthew C. Wallin for
Defendants and Respondents South Oran

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Joel Doe v. Boyertown Area School District, et al. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

This appeal requires us to decide whether the District Court correctly refused to enjoin the defendant School District from allowing transgender students to use bathrooms and locker rooms that are consistent with the students’ gender identities as opposed to the sex they were determined to have at birth. The plaintiffs—a group of high school students who identify as being the same sex they were de

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United States of America v. Martin Saavedra-Villasenor Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

When he illegally reentered the United States after completing a prison term in
this country and then being deported to Mexico, Martin Saavedra–Villasenor violated a
condition of his supervised release: that he not commit any more crimes. And Mr.
Saavedra1 did not deny that he had committed a federal crime by returning to the United
 After examining the briefs and appellate

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American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)

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STATE OF OHIO vs. JARON SOLOMON

On October 13, 2015, the court denied Solomon’s motion to suppress evidence, and he pled guilty to one count of felonious assault in violation of R.C. 2903.11(A)(1) with a firearm specification. On December 2, 2015, the court sentenced Solomon to four years in prison for the assault to run consecutive to three years in prison for the firearm specification, for an aggregate sentence of seven y

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Alan Anderson v. Sohit Khanna, Iowa Heart Center P.C. and Catholic Health Initiatives Iowa Corp., d/b/a Mercy Hospital Medical Center Supreme Court of Iowa

A patient and his family brought a medical negligence action against a physician and the physician’s employer. They alleged specific negligence and the failure of the physician to obtain informed consent. The district court granted summary judgment in favor of the defendants on the claim of informed consent based on the physician’s failure to disclose his lack of training and experience in perform

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United States of America v. Gary Risner and Larry Shepherd 800-932-8242

Defendants-Appellants Gary Risner and Larry Shepherd appeal their convictions for conspiring to bribe voters during the 2014 election in Magoffin County, Kentucky. Risner additionally appeals several of his substantive voter-bribery convictions. We AFFIRM.
I. Background
In 2014, Charles “Doc” Hardin, Defendant Gary Risner (Risner), and Renee Shepherd (Defendant Larry Shepherd’s wife) were

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John C. Stojetz v. Todd Ishee, Warden Southern District of Ohio Federal Courthouse - Columbus, Ohio

On April 25, 1996, while incarcerated at Madison Correctional Institution, John C. Stojetz and five other inmates stormed a unit housing the State’s juvenile
>
No. 15-3116 Stojetz v. Ishee Page 2
offenders. State v. Stojetz, 705 N.E.2d 329, 333–34 (Ohio 1999). After overpowering the guard, Stojetz and the others proceeded to the cell of 17-year-old Damico Watkins, with whom they had ha

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Martha Kinard v. Dish Network Corporation Northern District of Texas Federal Courthouse - Dallas, Texas

The Regional Director of the National Labor Relations Board sued DISH Network Corp., seeking an injunction against unilateral changes to employee wages during collective bargaining. The district court granted the injunction in part. Both DISH and the Board appealed. We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
DISH Network Corp. is a satellite television provider with production facilities

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Kathy A. Netro v. Greater Baltimore Medical Center, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

Kathy Netro brought a medical malpractice suit in state court against the Greater Baltimore Medical Center for its negligent care of her now-deceased mother. When she won, GBMC became liable under federal law for payments Medicare had made for Netro’s mother’s treatment. GBMC did not immediately satisfy the judgment. And three weeks after the state court entered its final order, Netro brought this

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STATE OF KANSAS v. CHRISTOPHER MICHAEL DALE,

Christopher Dale appeals his convictions for aggravated robbery, charges that arose after he used a BB gun to take three cell phones and an iPod from three teenage boys at a skate park. Dale was convicted of two counts of aggravated robbery and one count of theft (one of the boys was off skating and thus wasn't threatened by the BB gun when Dale took that boy's cell phone). Dale argues that all o

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Internal Revenue Service v. William Charles Murphy District of Maine Federal Courthouse - Portland, Maine

In this case, we need to determine
whether an employee of the Internal Revenue Service ("IRS")
"willfully violate[d]" an order from the bankruptcy court
discharging the debts of debtor-taxpayer William C. Murphy, as
that term is used in 26 U.S.C. § 7433(e). After careful
consideration, we hold that an employee of the IRS "willfully
violates" a discharge order when the emplo

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United States of America v. James Douglas Hayes District of Utah Federal Courthouse - Salt Lake City, Utah

A jury convicted James Hayes of several offenses related to distributing
methamphetamine, and the district court sentenced him to 20 years in prison. Hayes
appeals only his sentence. He argues the district court erred by sentencing him
within the enhanced range for defendants with a prior felony drug conviction, and by
not affording him the opportunity to speak on his own behalf be

More...   $0 (06-10-2018 - UT)

Mary McDonald v. City of Wichita, Kansas, Gary Rebenstorf District of Kansas Federal Courthouse - Wichita, Kansas

Mary McDonald appeals the district court’s entry of judgment after a jury
verdict in favor of defendants on her Title VII retaliation claim. She argues that the
jury was improperly instructed on the legal standard for retaliation. Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
McDonald served as Chief Prosecutor for the City of Wichita, Kansas, under
the super

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STATE OF OHIO vs. RONALD BECKWITH

On May 21, 2014, appellant was charged under a five-count indictment with
offenses related to the shooting death of the victim. The case proceeded to a jury trial on
January 8, 2015. The jury found appellant not guilty on Count 1, aggravated murder, and guilty
of the lesser included offense of murder. The jury also found appellant guilty of a second count
of murder,

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Danny P.; Angela P.; Nicole B. v. Catholic Health Initiatives Western District of Washington Federal Courthouse - Seattle, Washington

Danny P., Angela P. and Nicole B. (hereafter collectively
“P”) appeal the district court’s grant of summary judgment to
Catholic Health Initiatives (“CHI”) and Catholic Health
Initiatives Medical Plan–Blue Cross Blue Shield (collectively
“the Plan”). The Plan denied P’s claim for the cost of Nicole
B.’s inpatient stay in Island View Residential Treatment
Center (“Island Vie

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Jovica Petrovic v. United States of America Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

In 2015, we remanded to the District Court Jovica Petrovic’s claim under Rule
41(g) of the Federal Rules of Criminal Procedure for return of seized property. Once
again, he is appealing the denial of his motion. And once again, we remand for
further proceedings.
Initially, we construe the District Court’s October 2016 opinion, memorandum,
and order as converting Petrovic’s Rule

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BLAKE ALLEN HUFFMAN vs. STATE OF IOWA Iowa Court of Appeals

Blake Huffman appeals from the denial of his application for postconviction
relief. By way of background, Huffman was convicted of five counts of sexual
abuse in the second degree, one count of sexual abuse in the third degree, and
one count of assault with intent to commit sex abuse arising out of the abuse of
two minors. On direct appeal, this court affirmed his convictions

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STATE OF LOUISIANA V. JOHN DRUMMER, JR.

On September 10, 2015, John Drummer, Jr. (Defendant), who was home
alone with his girlfriend’s children, severely beat two-year-old Marcus Deal, Jr.
(Marcus, Jr.)1. Shortly thereafter the child became unresponsive. Defendant took
the victim to the hospital where he died as a result of massive internal injuries
received during the beating. Dr. Christopher Tape, M.D. (Dr. Tape

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Bobbi Kilburn-Winnie v. Town of Fortville, et al. Southern District of Indiana Federal Courthouse - Indianapolis, Indiana

Bobbi Kilburn‐Winnie and Michelle
Allen‐Gregory (collectively, “Appellants”) filed suit against the
2 No. 17‐2498
Town of Fortville, Indiana, Fortville Waterworks, and Fortville
Utilities (collectively, “Fortville”), alleging that their Fourteenth
Amendment procedural due process rights were
violated when Fortville disconnected their water service. The

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WASSE ZAFER and ZAFER CHIROPRACTIC & SPORTS INJURIES, INC. v. ANDY HERMANN; FARMERS INSURANCE COMPANY, INC.; FARMERS GROUP, INC.; and FARMERS INSURANCE EXCHANGE

Wasse Zafer was the sole owner and operator of Zafer Chiropractic & Sports Injuries, Inc. Zafer originally filed suit against Farmers in February 2012 in Cole County, Missouri. Some of Zafer's patients were insured by Farmers' automobile insurance policies, which provided personal injury protection coverage and/or medical payments coverage. Zafer alleged that some of those insured patients execute

More...   $0 (06-06-2018 - KS)

LEE ANDREW MITCHELL-PENNINGTON v. STATE OF KANSAS COURT OF APPEALS OF THE STATE OF KANSAS

In February 2014, Mitchell-Pennington filed his first K.S.A. 60-1507 motion, alleging ineffective assistance of trial and appellate counsel in that they failed to object to the burden of proof jury instructions, they abandoned evidentiary errors, and they failed to raise several instances of prosecutorial misconduct on appeal. He also claimed there was newly discovered evidence that would tend to

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Amber Jones v. William Haynes, III Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Appellants Amber Jones and Deanna Lack appeal the district court’s decision to dismiss their suit for lack of subject-matter jurisdiction after finding that the Appellants’ case is moot. Because we agree that Appellants’ case is moot following the repeal of Tenn. Code Ann. § 2-10-102(12)(A) (2015),1 we AFFIRM. I. Our prior opinion in this case sets forth much of the relevant factual background, an

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