Res Ipsa Loquitur Law
 
Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain

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M.R.; J.R., Parents of Minor Child, E.R. v. Ridley School District

Under the Individuals with Disabilities Education Act,
a parent of a child with a disability can bring administrative
and judicial proceedings to challenge a school district’s
alleged violations of the Act, and, if the parent emerges as “a
prevailing party,” the parent is then eligible for an award of
attorneys’ fees. 20 U.S.C. § 1415(i)(3)(B). This case
presents the questi

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Bruce Boatner and Carole Boatner v. Craig Reitz

These appeals concern the interplay between short-term rentals or leases of property
and deed restrictions that included a provision that “[a]ll tracts shall be used for residence purposes
only, and not for business.” The parties own property in a subdivision subject to these deed restrictions,
and Craig Reitz sued Bruce and Carole Boatner, seeking damages for past violations of the de

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Steve Bivens v. Bank of America, N.A. and Select Portfolio Services, Inc.

Out of the blue, Steven Bivens received a letter from Select Portfolio Servicing, Inc. (“SPS”), a company with which he had had no prior dealings that purported to be his home loan servicer. Skeptical, Bivens wrote SPS a letter demanding proof of its authority to service his loan. He neglected, though, to mail his letter to the address SPS had designated for receiving such correspondence. When SPS

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GCIU-Employer Retirement Fund and Board of Trustees of the GCIU-Employer Fund v. Coleridge Fine Arts; Jelnike Limited

Plaintiffs GCIU-Employer Retirement Fund and the Board of Trustees of
the GCIU-Employer Retirement Fund (collectively the “Fund”) appeal from the
dismissal of their action against Defendants, Coleridge Fine Arts (“Coleridge”)
*This order and judgment is not binding precedent except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
h

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State of Oklahoma v. Amie J Sumner

Tulsa, OK - The State of Oklahoma charged Amie J Sumner with:

Count # 1.
Count as Filed: FE1A, ELUDING A POLICE OFFICER, in violation of 21 O.S. 540 A
Date of Offense: 06/09/2014

Party Name

Disposition Information

SUMNER, AMIE J
Disposed: CONVICTION, 08/13/2014. Guilty Plea
Count as Disposed: ELUDING A POLICE OFFICER(FE1A)
Violation of 21 O.S

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Shelly Van Horn v. Russell Friske and April D. True Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Shelly Van Horn v. Russell Friske and April D. True

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: VAN HORN, SHELLY
Filed Date: 05/12/2016
Party Name Disposition Information
Defendant: FRISKE, RUSSELL
Defendant: TRUE, APRIL D Disposed: SUMMARY JUDGEMENT ENTERED, 07/18/2017. Judge
Docket
Date Code Description Count Party Amount<

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United States of America v. Gabriel Seth Joseph

Gabriel Joseph purchased a home for $3.4 million through a company that he
controlled and then sold it to himself five days later for $7 million. Using the
fraudulently inflated value, he received a loan and line of credit from Washington
Mutual (“WaMu”) totaling $5,659,357.88. After Joseph defaulted, WaMu purchased
the property in foreclosure. With an outstanding principal balance

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United States of America v. Matthew Yazzie

In this direct criminal appeal, Defendant-Appellant Matthew Yazzie contends
that his seventy-eight-month within-guideline sentence for assault resulting in serious
bodily injury is substantively unreasonable because the sentencing guideline used to
calculate his advisory sentencing range, U.S.S.G. § 2A2.2, produces disproportionate
sentences. Having jurisdiction under 18 U.S.C. § 3

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Jeffrey Weinman v. James Ware Kelley, III

James Ware Kelley, III, appeals a Bankruptcy Appellate Panel (BAP) order,
which affirmed the bankruptcy court’s denial of successive motions to vacate and
reconsider the entry of default judgment. Exercising jurisdiction under 28 U.S.C.
§ 158(d)(1), we affirm.
* After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not m

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United States of America v. Alonzo Williamson

Two months after his release from prison, Alonzo Williamson was accused
of violating the terms of his supervised release. After two hearings, the district
court revoked Williamson’s supervised release and imposed additional jail time
followed by another term of supervised release. On appeal, Williamson
challenges the revocation, arguing the government presented insufficient evidenc

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United States of America v. Jeffrey Charles Zander

Jeffrey Zander appeals from the district court’s amended judgment correcting
his sentence after our previous remand. Exercising jurisdiction under 28 U.S.C.
§ 1291 and 18 U.S.C. § 3742(a), we again reverse and remand for resentencing, but
affirm the district court’s refusal to consider certain sentencing issues that lie beyond
the scope of our prior mandate.
* After examining t

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Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent

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City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members’ interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo

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M&M Joint Venture AND Ledford E. White and Ledford E. White, P.C. v. Gwendolyn Gene Layton and Troylynn Ann Layton

Appellees Gwendolyn Gene Layton (Gwen) and Troylynn Ann Layton, husband and wife, sued appellants Ledford E. White and Ledford E. White, P.C. (White P.C.) (collectively the White Appellants) and appellant M&M Joint Venture
1See Tex. R. App. P. 47.4.
2
when they were not repaid funds they had provided, at White’s suggestion, to White’s friends. After a jury trial, the trial court render

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Robert Holmes v. Craig Cassel

Appellant Robert Holmes appeals from the trial court’s grant of summary judgment in favor of appellee Craig Cassel. This suit began as a condemnation suit against Holmes, Cassel, and others regarding a tract of land in Houston. Proceeds from the condemnation sale were deposited into the registry of the court. Holmes
2
and Cassel filed cross-claims against each other, with each arguing that

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State of Arizona v. Sammantha Allen

Phoenix, AZ - Jury Convicts Woman and Sentences Her To Death

The State of Arizona charged Sammantha Allen, age 29, with first-degree murder and four counts of child abuse for locking Ame Deal, age 10, for locking the child in a box where she suffocated to death. After locking the child in the storage box, Allen fell asleep and did not wake up for 7 hours in 2011.

Other family me

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High Mountain Ranch Group, LLC, et al. v. Elbert L. Niece, et al.

High Mountain Ranch Group, LLP (High Mountain), filed a petition for declaratory judgment against Elbert L. Niece, GT Land LP (GT Land), Mary Hernandez,1 and the Estate of Manuel Saucedo, Sr. (Saucedo), among others,2 seeking a judgment determining that the Declaration of Covenants and Restrictions (DCRs) on Lot 34 in Austin’s Glenbrook Addition3 is illegal, void, and/or unenforceable, and alterna

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Dow Roofing Systems, LLC v. Great Commission Baptist Church and Chamberlin Dallas, LLC f/k/a Chamberlin Dallas, Ltd. d/b/a Chamberlin Roofing and Waterproofing f/k/a Chamberlin Roofing & Waterproofing, Ltd.

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-16-00395-CV
DOW ROOFING SYSTEMS, LLC APPELLANT
V.
GREAT COMMISSION BAPTIST APPELLEES
CHURCH AND CHAMBE

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Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith Roofing and Construction v. Joe Key and Stacci Key

This is an interlocutory appeal from an order certifying a class action.1
Appellants Lon Smith & Associates, Inc. and A-1 Systems, Inc., d/b/a Lon Smith
1
See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(3) (West Supp. 2016).
Roofing and Construction2 raise five issues claiming that the trial court erred by
certifying a class because various class-certificati

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American Wild Horse Preservation Campaign, et al. v. Sonny Perdue

Since 1975, the United States Forest Service has protected and managed wild horses in the Devil’s Garden section of the Modoc National Forest in Northern California. That wild horse territory originally consisted of two separate tracts of land of roughly 236,000 acres. But at some point in the 1980s, a Forest Service map added in an approximately 23,000 acre tract of land known as the Middle Secti

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Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou

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Pekin Insurance Companyv. St. Paul Lutheran Church

¶ 1 This is an action for declaratory judgment. The plaintiff is Pekin Insurance Company
(Pekin), and the two defendants are St. Paul Lutheran Church of Roberts, Illinois (church), and
Hope Farney, the independent administrator of the estate of Kitty Mullins, deceased.
¶ 2 In a case separate from this one—the underlying tort case—Farney is suing the church for
wrongful death, alleg

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United States of America v. Keith Schwartz, a/k/a Bernie Kype United States Court of Appeals for the Tenth Circuit Denver, Colorado

Defendant Keith Schwartz operated a pain-management clinic that prescribed
opioids outside the usual course of medical practice. For his role in that operation, a
jury convicted Schwartz of various counts related to unlawful drug distribution and
money laundering, and the district court imposed a fifteen-year prison sentence.
Schwartz attacks both his convictions and sentence. He a

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Scott Munz and Lisa Munz v. Justin Ramer, J. Bentley Developments, LLC; John R. Conkling and Melissa Conkling v. Scott Health Services, Bill Atkinson Homes, LLC

Oklahoma City, OK - Scott Munz and Lisa Munz v. Justin Ramer, J. Bentley Developments, LLC; John R. Conkling and Melissa Conkling v. Scott Health Services, Bill Atkinson Homes, LLC

Issue # 1. Issue: DAMAGE (DAMAGE)
Filed By: Munz, Scott
Filed Date: 12/23/2014
Party Name Disposition Information
Defendant: Ramer, Justin Disposed: DISMISSED - SETTLED, 06/05/2017. Dism

More...   $1 (06-30-2017 - OK)

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