Res Ipsa Loquitur Law
 
Gary Lee Beason v. State of Indiana

We summarized the facts of this case in Beason’s direct appeal:
The facts most favorable to the judgment are that on April 18, 1995, Karen Beason took four of her five children to a police substation in Anderson, Indiana. Karen was disoriented and confused and was admitted to the stress unit at Community Hospital. The Madison County Division of Family and Children took custody of the childr

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STATE OF OHIO -vs- RICHARD KING

On November 10, 2004, the Muskingum County Grand Jury indicted King
on sixty-two counts of pandering obscenity involving a minor in violation of R.C.
2907.321(A)(1) and (5). The charges were felonies of the second and fourth degrees. A
jury trial commenced on January 25, 2005. The jury found King guilty of all of the charges
except one, which was dismissed. As memorialized in

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Naruto v. David John Slater Northern District of California Federal Courthouse - San Francisco

We must determine whether a monkey may sue humans,
corporations, and companies for damages and injunctive
relief arising from claims of copyright infringement. Our
court’s precedent requires us to conclude that the monkey’s
claim has standing under Article III of the United States
Constitution. Nonetheless, we conclude that this
monkey—and all animals, since they are not hu

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LEE ANDREW MITCHELL-PENNINGTON v. STATE OF KANSAS

A jury found Mitchell-Pennington guilty of three counts of aggravated robbery and one count of aggravated burglary. He appealed and our court affirmed the convictions in State v. Mitchell-Pennington, No. 103,094, 2011 WL 4031485, (Kan. App. 2011) (unpublished decision). As found by our court:

"In the early morning hours of October 5, 2008, Jeremy Mireles, Emilio Alva, and Joshua Little

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STATE OF KANSAS v. ANGEL RODRIGUEZ COURT OF APPEALS OF THE STATE OF KANSAS

Angel Rodriguez argues that his sentence is illegal because the district court erred when it classified his prior New Jersey conviction for "assault with intent to rape" under N.J. Stat. Ann. § 2A:90-2 as a person felony for criminal history purposes. He further argues that the State breached its plea agreement with him during sentencing. For reasons set out below, both of Rodriguez' arguments ar

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JOHN PAUL HOLLAND v. STATE OF KANSAS

In 2009, Holland was convicted by a jury of eight drug-related crimes. The facts and the charges were set forth in detail by a panel of this court in State v. Holland, No. 102,795, 2011 WL 135022, at *1-2 (Kan. App. 2011) (unpublished opinion). Following
2

remand for resentencing and a second appeal of the new sentences, the Kansas Supreme Court ultimately affirmed Holland's senten

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STATE OF KANSAS v. MARCUS G. BUTLER

Shortly after 7 p.m. on January 9, 2013, Kevin Smith returned home from work to the apartment he shared with his fiancée, Demetria Hunter, in Wyandotte County. When Smith arrived, he discovered a vehicle parked in his spot. Hunter and Smith's neighbors had a history of parking in their stalls and making loud noises. Smith saw a white male— later identified as Clint Schierbaum—exiting the neighbori

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United States of America v. Charles B. "Chuck" Rizzo Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Detroit, MI - Trash Titan Charles B. "Chuck" Rizzo Sentenced to 66 Months in Prison for Bribery and Fraud

The former CEO of garbage hauler Rizzo Environmental Services (RES), Charles B. “Chuck” Rizzo, 46, of Bloomfield Hills, was sentenced to 66 months in prison and ordered to pay $4 million in forfeiture based on his convictions for conspiring to commit bribery and wire fraud, in connect

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United States of America v. Jeremy Brown Sixth Circuit Court of Appeals for the Sixth Circuit

Jeremy Brown challenges the sufficiency
of the evidence to support a jury’s verdict that he was guilty of being a felon in possession of a
firearm, in violation of 18 U.S.C. § 922(g). Defendant was arrested and later indicted after he
was involved in a domestic dispute where a gun was discharged and left at the scene. At trial,
defendant’s theory of the case was that the gun in que

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Tramayne Colfred Williams vs. State of Minnesota

Williams challenges the sentences he received in two criminal cases, one in Otter
Tail County and one in Hennepin County. In Otter Tail County, Williams was charged
with first-degree aggravated robbery, Minn. Stat. § 609.245, subd. (2016). He agreed to
plead guilty to that charge on the condition that, assuming his criminal-history score was
five, he would be sentenced to 84

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Exchange Trust Co. v. Palmer

¶1 The Exchange Trust Company, a corporation, instituted cause No. 9774 in the district court of Pontotoc county, Okla., seeking to foreclose a mortgage executed by John T. C. Palmer and wife to the said Exchange Trust Company. The land involved in said suit, except about 20 acres, was allotted to Newton A. McClure, a Chickasaw Indian, and Palmer's title was based on a deed from McClure to Palmer.

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CHRIST'S LEGACY CHURCH v. TRINITY GROUP ARCHITECTS

Plaintiff originally filed suit against Defendants on January 31, 2011. However, the trial court dismissed Plaintiff's original petition without prejudice and, in January 2012, Plaintiff re-filed its petition. As stated above, Plaintiff asserted theories of breach of contract and negligence against Trinity. However, in March 2012, Trinity filed a motion to dismiss in which it argued, among other t

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ELIJAH N. RAMDORSINGH v. STATE OF KANSAS

In September 2010, the State charged Ramdorsingh with one count of possession of cocaine and one count of driving while suspended in Shawnee County case No. 10 CR 1630. In January 2011, the State charged Ramdorsingh in Shawnee County case No. 11 CR 95 with two counts of kidnapping, two counts of conspiracy to commit kidnapping, two counts of aggravated burglary, two counts of conspiracy to commit

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Chad Barry Barnes v. Sea Hawaii Rafting, LLC Federal Courthouse - Honolulu, Hawaii

Chad Barnes is a seaman who was injured when the boat on which he was working, the M/V Tehani, exploded. During his recovery, Barnes received some monetary assistance from either Sea Hawaii Rafting, LLC (“SHR”), which owned the Tehani, or Kris Henry, SHR’s owner and manager, but those payments soon stopped. Seeking the
6 BARNES V. SEA HAWAII RAFTING
ancient maritime remedy of maintenance a

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STATE OF KANSAS v. LUKE REED

In 1982, a jury convicted Reed of one count of aggravated kidnapping and one count of rape. The district court sentenced Reed to 15 years to life imprisonment for the rape charge and life imprisonment for the aggravated kidnapping charge, with the sentences to run consecutively.

Reed filed a direct appeal arguing only that the district court abused its discretion by allowing an amendm

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Jodelle L. Kirk v. Schaeffer Group USA, Inc.; FAG Bearings, LLC

From 1973 to 1982, FAG Bearings Corporation released thousands of gallons
of trichloroethylene (TCE), a volatile organic compound now classified as a hazardous
substance, at its manufacturing facility in Joplin, Missouri. In 1991, the Missouri
Department of Health and the Environmental Protection Agency (EPA) detected TCE
contamination in residential wells in the Villages of Silver

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MICHAEL MATTOX v. STATE OF KANSAS

In 2002, a jury found Mattox guilty, among other things, of aiding and abetting in the reckless second-degree murder of John Lane. Although the facts are fully set out in Mattox's direct appeal, State v. Mattox, 280 Kan. 473, 124 P.3d 6 (2005) (Mattox I), and his previous K.S.A. 60-1507 motion, Mattox v. State, 293 Kan. 723, 267 P.3d 746 (2011) (Mattox II), we briefly discuss the facts to give con

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ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX SUPREME COURT OF THE STATE OF SOUTH DAKOTA

A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with

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Andrew Castillo v. Glenair, Inc.

In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (

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Association for Accessible Medicines v. Brian E. Frosh, et al. District of Maryland Federal Courthouse - Baltimore, Maryland

The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce

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STATE OF LOUISIANA Vs. TRUNG LE

On June 29, 2014, sometime between 2:00 a.m. and 2:50 a.m., an exchange
of gunfire between two shooters erupted in the 700 block of Bourbon Street, near
the intersection with Orleans Street in the French Quarter. This incident resulted in
the untimely death of Brittany Thomas (hereinafter “Ms. Thomas”), the attempted
murder of an unknown male, and injury to numerous bystanders

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Katherine K. Morgan v. Baker Hughes Incorporated District of Wyoming Federal Courthouse - Cheyenne, Wyoming

Katherine Morgan, as wrongful death representative of her deceased husband
David Morgan, appeals the district court’s grant of judgment as matter of law
(“JMOL”) in favor of Baker Hughes Incorporated, issued after trial but before the
case was submitted to the jury. Because material disputes in the evidence remain for
resolution by the jury, we conclude that JMOL was inappropriate.

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STATE OF OHIO vs. MICHAEL J. BROOKS

Brooks previously appealed his convictions and sentence to this court in State
v. Brooks, 2016-Ohio-489, 56 N.E.3d 357 (8th Dist.) (“Brooks I”).
In May 2014, Brooks, along with co-defendant Sylvester Cotton, was indicted in a multi-count indictment. Counts 1 and 2 charged attempted murder; Counts 3 and 4 charged felonious assault; Counts 5 and 6 charged kidnapping; Counts 7 and 8 charged

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Eldon E. Johnson v. API Properties, LLC Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Good easements do not always make good neighbors.
And, as the present case makes clear, neither does sharing a bucolic lakeshore in the northern
reaches of Michigan. Defendant APJ Properties, LLC (“APJ”), and the Pamela B. Johnson Trust
(the “Trust”),1 neighboring landowners on Round Lake in Charlevoix, Michigan, have sparred in
court for more than a decade. Today we decide whether

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THE SAUNDERS GROUP L.L.C. v. KAW VALLEY STATE BANK

The Saunders Group L.L.C. (Saunders) raises two issues on appeal: (1) whether the district court erred in dismissing Saunders' petition, and (2) whether the district court erred in assessing a $250 fine to Saunders' attorney. We affirm the district court based on Saunders' utter abandonment of these claims of error on appeal.

The facts are well known to the parties and their attorneys

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