Res Ipsa Loquitur Law
 
Clayton Byrd v. Tennessee Wine and Spirits Retailers Association Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Defendant-Appellant Tennessee Wine and Spirits Retailers Association (“Association”) appeals the district court’s order granting summary judgment regarding § 57-3-204(b) of Tennessee Code Annotated. Under § 57-3-204(b), to
receive a retailer-alcoholic-beverages license, a person, corporation, or firm needs to be a
Tennessee resident for at least two years, and to renew a license, there is

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Little Traverse Lake Property Owners Association v. National Park Service Western District of Michigan Federal Courthouse - Grand Rapids, Michigan

This case presents the question of what citizens must do during
the administrative planning stage of a federal agency action in order to preserve a later challenge
to the agency’s final decision under the National Environmental Policy Act (“NEPA”). In 2008,
the National Park Service proposed a plan to build a scenic trailway through the Sleeping Bear
Dunes National Lakeshore in Lee

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Carlton & Harris Chiropractic, Inc. v. PDR Network, LLC District of West Virginia Federal Courthouse - Huntington, West Virginia

Carlton & Harris Chiropractic, Inc. appeals from the district court’s dismissal of its claim against PDR Network, LLC, PDR Distribution, LLC, PDR Equity, LLC, and John Does 1-10 (collectively, “PDR Network”) for sending an unsolicited advertisement by fax in violation of the Telephone Consumer Protection Act (the “TCPA”), 47 U.S.C. § 227. Carlton & Harris argues that the district court erred in de

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Marjo Alberto Lopez Garza v. Citigroup, Inc. District of Delaware Federal Courthouse - Wilmington, Deleware

Under Federal Rule of Civil Procedure 41(d), a district court may order a plaintiff who voluntarily dismisses an action
3
and files a second action against the same defendant based upon a claim asserted in the first action to pay the “costs” incurred by the defendant in the first action. The issue presented (one of first impression in this Court) is whether a district court may award attor

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United States of America v. Armando Angeles District of Kansas Federal Courthouse - Wichita, Kansas

Armando Angeles appeals the denial of his motion to suppress evidence found in
his vehicle after a traffic stop. He argues the stop violated the Fourth Amendment.
Exercising jurisdiction under 28 U.S.C. § 1291, we conclude the stop was valid because it
was based on reasonable suspicion of a traffic offense. We therefore affirm.
* This order and judgment is not binding precedent, ex

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A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa Northern District of Oklahoma Federal Courthouse Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex

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Sue Jin Yi And Ronald Cox V. The Kroger Co. Washington Court of Appeals, Division 1 - Tacoma, Washington

Ronald Cox, a former Quality Food Centers Inc. (QFC)
employee, filed this class action challenging QFC's policy of rounding hourly
employees' clocked-in time to the nearest quarter hour. Specifically, he contends
QFC intentionally manipulated the application of this policy to result in
underpayment of wages.
QFC appeals the trial court's denial of the motion to compel arbitrati

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Kenton L. Crowley; John A. Flores v. EpiCept Corporation Southern District of California Federal Courthouse - San Diego, California

This appeal follows the trial on Drs. Crowley and Flores’s
(the Doctors) claims against EpiCept Corporation (EpiCept)
for breach of contract, breach of the implied covenant of good
faith and fair dealing, and fraud. The Doctors’ claims arise
from their assignment to EpiCept of two patents for a non-
FDA approved drug (referred to as “NP-2”) and EpiCept’s
failure to develop

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Mike Hernandez, Francesca Muller v. Restoration Hardware, Inc.

Under Code of Civil Procedure1 section 902, “[a]ny party aggrieved” may
appeal a judgment. “It is generally held, however, that only parties of record may
appeal; consequently one who is denied the right to intervene in an action
ordinarily may not appeal from a judgment subsequently entered in the case.
[Citations.] Instead, he may appeal from the order denying intervention.” (Cou

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Carto Properties, LLC Jen Marie Rau, Individually, Key Maps, Inc, and The Jen Marie Rau Life Insurance Trust v. Briar Capital, LP Harris County Courthouse - Houston, Texas

Appellants/cross-appellees, Carto Properties, LLC, Jen Marie Rau, individually (“Rau”), Key Maps, Inc., and the Jen Marie Rau Life Insurance Trust (the “Trust”) (collectively, “Carto”), challenge the trial court’s rendition of summary judgment in favor of appellee/cross-appellant, Briar Capital, L.P. (“Briar”), in Carto’s suit against Briar for wrongful foreclosure, breach of contract, tortious in

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E.W. v. Rosemary Dolgos and WICOMICO County Sheriff's Department District of Maryland Federal Courthouse - Baltimore, Maryland

This matter involves a school resource officer’s decision to handcuff a calm, compliant elementary school student for fighting with another student three days prior. The child brought a claim under 42 U.S.C. § 1983 for excessive use of force in violation of the Fourth Amendment and several state law claims. On a motion for summary judgment, the district court concluded that the officer’s conduct d

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Hong Sang Market, Inc. v. Vivien Peng

These appeals arise out of a commercial tenancy dispute. In one appeal, defendant
and cross-complainant Vivien Peng challenges a judgment awarding damages for backdue
rent to her former landlord, plaintiff and cross-defendant Hong Sang Market, Inc.
(Hong Sang). Peng argues that a judgment in a prior unlawful detainer action against her,
in which Hong Sang was awarded one month’s ba

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Estate of Betty Lou McDermed v. Ford Motor Company District of Kansas Courthouse - Kansas City, Kansas

The estate of Betty McDermed, by and through its representative Diane
McDermed, along with Betty McDermed’s children, Paul McDermed and Georgia
Iocco (collectively “the McDermeds”), brought a product liability action against the
Ford Motor Company (“Ford”) following Betty McDermed’s death in a car accident.
After Ford filed two motions to exclude the McDermeds’ expert witnesses

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Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,

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Keli Moore v. Abigail Fails Admissible Video Experienced - Reliable - Available 24/7 Oklahoma City - 405-613-9343

Oklahoma City, OK - Keli Moore sued Abigail Falls on an auto negligence theory.

Docket
Date Code Description Count Party Amount
10-02-2015 TEXT

CIVIL RELIEF MORE THAN $10,000 INITIAL FILING.
1
10-02-2015 AUTONEG

AUTO NEGLIGENCE

10-02-2015 DMFE

DISPUTE MEDIATION FEE
$ 2.00
10-02-2015 PFE1

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Seanlim Yith and Seak Leang Yith v. Kristen Nielsen, et al. Eastern District of California Federal Courthouse - Fresno, California

Seanlim and Seak Leang Yith appeal from the district
court’s dismissal of their complaint requesting adjudication
of their naturalization applications pursuant to 8 U.S.C.
§ 1447(b). Relying on 8 U.S.C. § 1429, the district court
concluded that the Yiths were precluded from obtaining any
relief because they were concurrently in removal proceedings.
See 8 U.S.C. § 1429 (prov

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State of Oklahoma v. Stanley Vernon Majors Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Stanley Vernon Majors with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/12/2016
Party Name Disposition Information
MAJORS, STANLEY VERNON
Count # 2. Count as Filed: WE6, POSSESSION OF A FIREARM AFCF, in violation of 21 O.S. 1283
Date of Offense: 08/12/2016

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Thomas E. Baker, Debra A. Baker, Natalyta V. Baker, Jack Daniels Baker v. Ron Evans, Rhonda Evans, Embrace Home Loans, Inc. Morelaw Internet Marketing for Legal Professionals 918-582-6422

Tulsa, OK - Thomas E. Baker, Debra A. Baker, Natalyta V. Baker, Jack Daniels Baker sued Ron Evans, Rhonda Evans, Embrace Home Loans, Inc.

Issue # 1. Issue: FRAUD (FRAUD)
Filed By: BAKER, THOMAS E
Filed Date: 08/05/2016
Party Name Disposition Information
Defendant: EMBRACE HOME LOANS INC Disposed: DISMISSED - WITH PREJUDICE, 08/25/2017. Other
Defendant: EVANS, R

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Babriela Ruiz v. D Halls Investments, Inc. MoreLaw Suites 406 South Boulder and 624 South Denver 918-582-3993 or Info@morelaw.com

Tulsa, OK - Wayne DeBoef and Vicki DeBoef sued David Farrell for

Issue # 1. Issue: TRESPASS (OTHER)
Filed By: DEBOEF, WAYNE
Filed Date: 04/28/2015
Party Name Disposition Information
Defendant: FARRELL, DAVID Disposed: JUDGEMENT FOR PLAINTIFF, 01/04/2018. Judge
Defendant: FARRELL, DAVID
Issue # 2. Issue: TRESPASS (OTHER)
Filed By: DEBOEF, VICKI
F

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Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,

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John Lane v. Joan Bell

To prevail in a malicious prosecution action under California law, a malicious
prosecution plaintiff (the defendant in the underlying action) must show that (1) the
plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim
was brought without objective probable cause, and (3) the underlying action was
terminated on the merits in favor of the defendant

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State of Oklahoma v. Wesley C. Harrison Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Wesley Harrison with:


Count # 1. Count as Filed: RAPE, RAPE BY INSTRUMENTATION, in violation of 21 O.S. 1114 A 6
Date of Offense: 12/25/2015
Party Name Disposition Information
HARRISON, WESLEY C Disposed: CONVICTION, 02/01/2018. Guilty Plea
Count as Disposed: RAPE BY INSTRUMENTATION(RAPE)
Violation of 21 O.S. 1114 A 6

More...   $0 (02-01-2018 - OK)

Tammy Gutierrez v. CarMax Auto Superstores California Kern County Courthouse - Bakersfield, California

Tammy Gutierrez sued defendant CarMax Auto Superstores California,
LLC (CarMax) alleging breaches of express and implied warranties, intentional and
negligent misrepresentation, breach of contract, unfair competition under Business and
Professions Code section 17200 (UCL), and a violation of the Consumer Legal Remedies
Act (CLRA; Civ. Code, § 1750 et seq.). CarMax demurred to Gutie

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United States of America v. Jason Marc Janatsch

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. � 3014(a)(3), a provision applicable to �any non-indigen

More...   $0 (01-30-2018 - OK)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas





Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignore

More...   $0 (01-30-2018 - OK)

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