Res Ipsa Loquitur Law
 
United States of America v. Osage Wind, LLC; Enel Kansas, LLC; Enel Green Power North America, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

This case presents the question whether a large-scale excavation project—
which involved the excavation, modification, and use of rock and soil during the
installation of wind turbines—constituted “mining” under the pertinent federal
regulations that address mineral development on Indian land. When an entity
engages in “mining” of minerals owned by the Osage Nation, a federally app

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Glenn E. Bras v. First Bank & Trust Company of Sand Springs, Oklahoma

¶1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July

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SPILLER MCPROUD V. CHARLES SILLER Ninth Circuit Court of Appeals - San Francisco, California

We address the bankruptcy code’s provision on claims for
pre-petition attorneys’ fees, 11 U.S.C. § 502(b)(4).
FACTS
Charles Siller has been litigating with his brothers over
his interest in the family business since 1982. The family
business, Siller Brothers, Inc., held among its assets some 500
pieces of real estate, and Siller owned 40% of the stock. By
2001, Siller B

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State of Oklahoma v. Ganey Fairley Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Jury Convicts Man For Critically Injuring Girlfriend's Son

The State of Oklahoma charged Ganey Fairley, age 25, with:

Count # 1. Count as Filed: CHAB, CHILD ABUSE BY INJURY, in violation of 21 O.S. 843.5 (A)
Date of Offense: 03/14/2017
Party Name Disposition Information
FAIRLEY, GANEY MARQUES
Count # 2. Count as Filed: CHN, CHILD NEGLECT, in vio

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Bryant Lyles v. Medtronic Sofamor Danek, USA, Inc. Western District of Louisiana - Shreveport, Louisiana

Appellant Bryant Lyles was admitted to LSU Health Sciences Center Shreveport (“LSUHSC”) on May 9, 2013, and underwent anterior corpectomy and discectomy surgery on May 10, 2013. A Verte-Stack implant, a vertebral body replacement device, was placed in Lyles’s cervical spine, along with Progenix, a putty-like bone graft material that was mixed with bone dust. An Atlantis Translations Anterior Cervi

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State of Oklahoma v. Joshua Nathan Sexton

Tulsa, OK - The State of Oklahoma charged Joshua Nathan Sexton with:'

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER, in violation of 21 O.S. 649
Date of Offense: 06/11/2014

Party Name

Disposition Information

SEXTON, JOSHUA NATHAN
Disposed: DEFERRED, 03/27/2015. Guilty Plea
Count as Disposed: ASSAULT & BATTERY UPON A PO

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Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. Ninth Circuit Court of Appeals - San Francisco, California

Winter recreation has become increasingly popular in the
Deschutes National Forest in Central Oregon, exacerbating
parking shortages and on-snow user conflicts between
motorized and non-motorized recreationalists. In 2012, the
National Forest Service approved the building of Kapka
Sno-Park, a parking lot primarily designed for motorized
recreationalists, and issued an Envir

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Kim Pearson v. Danny Ryan Sac and Nicole Brown




MoreLaw Virtual Receptionists



Tulsa, OK - Personal injury lawyer Mark Miller represented Kim Pearso

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Nhia Seng Vang, et al. v. Green Country Event Center, LLC

Tulsa, OK - Nhia Seng Vang, Toua Xiong, Naocha Xiony, Boua Xiong, Pau Vue and Tong Lee v. Green County Event Center, LLC

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: VANG, NHIA SENG
Filed Date: 10/07/2015
Party Name Disposition Information
Defendant: GREEN COUNTRY EVENT CENTER LLC Disposed: DISMISSED - SETTLED, 08/18/2017. Dismissed- Settled
Issue # 2.

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Elizabeth Fret v. Melton Trucklines, Inc. and Darrell Edmond Fifth Circuit Court of Appeals - New Orleans, Louisiana

In this appeal, Elizabeth Fret (“Fret”) contends the district court erred in granting summary judgment in favor of Melton Truck Lines (“Melton”) and Darrel Edmond (“Edmond”). Because the summary judgment burden never
shifted to Fret with regard to Fret’s simple negligence claim, we REVERSE the
judgment on the simple negligence and respondeat superior claims and
REMAND those claims only

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United States of America v. $11,500 In United States Currency Ninth Circuit Court of Appeals - San Francisco, California

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. § 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p

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Susan S. Kennedy v. Res-GA Lake Shadow, L.L.C., Lake Shadow Limited, LLC, and William Kennedy Walton County Florida Courthouse - DeFuniak Springs, Florida

Susan S. Kennedy appeals an order denying her motion to vacate a writ of execution and sheriff’s deed issued on her Panhandle condominium. RES-GA Lake Shadow, LLC (RES-GA), brought proceedings supplementary to execution related to a money judgment against Ms. Kennedy’s former husband. Without impleading Ms. Kennedy into the case, RES-GA received a writ of execution and sheriff’s deed giving it a o

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Sunshire Heifers, L.L.C. v. Citizens First Bank

On August 14, 2014, a panel of this court
held that Citizens First Bank (“Citizens First” or “CFB”) failed to demonstrate that the “Dairy
Cow Leases” it had with farmer Lee Purdy (“Debtor”) were actually security agreements in
disguise. Sunshine Heifers, LLC v. Citizens First Bank (In re Purdy), 763 F.3d 513, 521 (6th Cir.
2014). The case was subsequently remanded to the United Sta

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Gregory D. Hawk v. Eva S. Engelhart Fifth Circuit Court of Appeals - New Orleans, Louisiana

After filing for Chapter 7 bankruptcy, the Hawks claimed an exemption for funds held in an individual retirement account (“IRA”). They sought to exempt the funds from the bankruptcy estate because tax-exempt or tax-deferred assets held in a qualifying retirement account are generally exempt from creditors’ claims under Texas law. However, over the course of several months, the Hawks withdrew the f

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United States of America v. Jane E. O'Brien Federal Courthouse - Boston, Massachusetts

Jane E. O'Brien, a professional
investment adviser, engaged in a long-running scheme to defraud
several of her clients -- mostly elderly women who relied on her
financial advice and friendship -- out of their life savings. This
scheme was eventually uncovered, and she pled guilty -- in two
separate cases -- to securities fraud, investment adviser fraud,
wire fraud, a

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Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special

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State of Oklahoma v. Carlos Richard Morris

Tulsa, OK - The State of Oklahoma charged Carlos Richard Morris with:

Count # 1.
Count as Filed: FE1A, ELUDING A POLICE OFFICER, in violation of 21 O.S. 540 A
Date of Offense: 06/12/2014

Party Name

Disposition Information

MORRIS, CARLOS RICHARD
Disposed: CONVICTION, 08/13/2014. Guilty Plea
Count as Disposed: ELUDING(FE1A)
Violation of 21 O.S.

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United States of America v. Paul David Mitchell, II United States Court of Appeals - Denver, Colorado

After entering into a plea agreement that included an appeal waiver, Paul
David Mitchell, II, pleaded guilty to bank robbery, interference with interstate
commerce, and firearm offenses. Although the parties agreed to a 28-year sentence,
Mitchell acknowledged in the agreement that he waived the right to appeal any
sentence below the statutory maximum. The district court sent

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Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the “Nation”) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edward’s e

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Marda Whitney v. El Paso Independent School District

Marda Whitney sued the El Paso Independent School District (EPISD) under the Texas
Whistleblower statute. TEX.GOV’T CODE ANN. § 554.002 (West 2012). The case comes to us after
the trial court granted EPISD’s motion for summary judgment. For the reasons explained below,
we affirm.
FACTUAL SUMMARY
Whitney was a long t

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City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the “City”), challenges the trial court’s order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the “Nicolais”), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter

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SCA Promotions, Inc. v. Yahoo!, Inc.

SCA Promotions, Inc. (“SCA”) brought a breach of contract suit against
Yahoo!, Inc. (“Yahoo”), alleging that Yahoo failed to pay contractual
cancellation fees. Yahoo brought various counterclaims. The district court
granted Yahoo’s motion for summary judgment and denied SCA’s motion for
summary judgment on SCA’s breach of contract claim. It granted SCA’s motion
for summary judg

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Caroline H. Martinez, Individually and Trustee of The Caroline H. Martinez Revocable Living Trust v. Robert Martinez

This case involves a dispute between siblings, Appellant Caroline H. Martinez (“Caroline”) and Appellee Robert Martinez (“Bob”), over ownership of certain real property. After a bench trial, the trial court entered a judgment in favor of Bob. In five issues, Caroline appeals the trial court’s judgment.
Martinez v. Martinez Page 2
Background
Chon and Elizabeth Martinez, Caroline’s and B

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Marda Whitney v. El Paso Independent School District

Marda Whitney sued the El Paso Independent School District (EPISD) under the Texas Whistleblower statute. TEX.GOV’T CODE ANN. § 554.002 (West 2012). The case comes to us after the trial court granted EPISD’s motion for summary judgment. For the reasons explained below, we affirm.
FACTUAL SUMMARY
Whitney was a long time teacher in EPISD. For the time-period at issue, she taught a computer l

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Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin

More...   $0 (08-15-2017 - TX)

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