Res Ipsa Loquitur Law
 
Miguel Valdivia v. M & J Concrete, LLC and Jose Porras

Tulsa, OK - Miguel Valdivia v. M & J Concrete, LLC and Jose Porras

Issue # 1. Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed By: VALDIVIA, MIGUEL
Filed Date: 09/30/2016
Party Name Disposition Information
Defendant: M & J CONCRETE LLC Disposed: DISMISSED - SETTLED, 06/01/2017. Dismissed- Settled
Defendant: PORRAS, JOSE Disposed: DISMISSED - SETTLED, 06/

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Myo Naing Swe v. The State of Texas Dallas man gets 25 years for killing teen with hammer after K2 binge

The indictment alleged appellant intentionally and knowingly caused the death of
Anthwan Clinton by striking Clinton with a hammer. See TEX. PENAL CODE ANN. § 19.02(b)(1)
(West 2011). The indictment alleged in the alternative that appellant intended to cause serious
bodily injury to Clinton and committed an act clearly dangerous to human life, striking Clinton
with a hammer,

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Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w

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State of Oklahoma v. Jestin Tafolla, a/k/a Bebo Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Jury Convicts Defendant Assault and Battery With a Dangerous Weapon and Recommends Life In Prison

The State of Oklahoma charged Jestin Tafolla, a/k/a Bebo with:

Count # 1. Count as Filed: ABDGR, ASSAULT & BATTERY WITH A DANGEOUS WEAPON, in violation of 21 O.S. 645
Date of Offense: 04/05/2016
Count # 2. Count as Filed: WE1, CARRYING WEAPON UNLAWFULLY, in viol

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In the Interest of J.R.P., a Child

A.M. and J.P. are the parents of J.R.P., a minor child.1 A.M., who is appealing the order modifying conservatorship, contends that the trial court abused its discretion in granting the motion. We affirm.
I. Background
After a conservatorship of a child has been established, it cannot be attacked in less than one year unless the movant states under oath that the child is
1 We use only t

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City of Willis, Leonard Reed, in His Official Capacity as the (Mayor)of the City of Willis, James Nowak , in His Official Capacity as Chief of Police of the City of Willis, Hector Forestier, in His Official Capacity as City Manager of the City of Willis v. Luis Garcia, et al

This is an accelerated appeal of an interlocutory order denying a plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West Supp. 2016); Tex. R. App. P. 28.1(a). Appellants, the City of Willis (the City), Leonard Reed in his official capacity as Mayor of the City, James Nowak in his official
2
capacity as Chief of Police of the City, and Hector Forestier in his of

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Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in

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Lorri Annette Lancashire v. David Antony Lancashire

This appeal arises out of a dispute over a provision in an agreed decree of divorce naming David Anthony Lancashire constructive trustee of property decreed to Lorri Annette Lancashire.1 That property consisted of a “[f]ifty [p]ercent (50%) undivided interest in all units or shares in the business entity known as Bold Ventures, LLC2 in [David’s] name.” The dispute centered on whether David, as con

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Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb

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In the Interest of A.T.R. and S.B.R.

This appeal originates from a suit affecting the parent-child relationship in which
appellant Father has repeatedly sought to modify or clarify child support. The issue raised on
appeal is procedural in nature; therefore, we provide a procedural history as necessary rather than
the underlying facts regarding the divorce or SAPCR, as they are not relevant for disposition of
this app

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Liliana Espejo et al. v. The Copley Press, Inc.

Defendant The Copley Press, Inc., owner of the San Diego Union-Tribune
newspaper (collectively UT), appeals from a second amended and restated judgment (the
judgment) after a court trial in this class action brought by and on behalf of persons
whom UT formerly engaged as newspaper home delivery carriers (plaintiffs or carriers).
2
The main issue at trial was whether the carrie

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State of Arizona v. Sammantha Lucille Rebecca Allen

Phoenix, AZ - Jury Finds Defendant Guilty on Capital Murder Case

The State of Arizona charged Sammantha Allen, age 28, with first-degree murder and four counts of child abuse for the suffocating death of her 10-year-old cousin, Ame Deal.

Court Docket:

Filing Date Description Docket Date Filing Party
7/7/2017 012 - ME: Trial - Party (003) 7/7/2017
7/7/2

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Penobscot Nation v. JANET T. MILLS, Attorney General for the State of Maine The Penobscot Nation

This litigation began shortly after the Maine Warden
Service and the Maine Department of Inland Fisheries and Wildlife
requested a legal opinion from Maine's then-Attorney General
William Schneider "regarding the respective regulatory
jurisdictions of the . . . Nation and the State of Maine . . .
relating to hunting and fishing on the [M]ain [S]tem of the
Penobscot Ri

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STATE OF CONNECTICUT v. NINA C. BACCALA Stamford Judicial District Courthouse, Stamford, CT

Substitute information charging the defendant with two counts of the crime of threatening in the second degree and one count of the crime of breach of the peace in the second degree, brought to the Superior Court in the judicial district of Tolland, geographical area number nineteen, and tried to the jury before Graham, J.; verdict and judgment of guilty of breach of the peace in the second degree

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Penobscot Nation v. Janet T. Mills, et al.

The Penobscot Nation (the
"Nation") filed suit in federal court against the State of Maine
and various state officials (the "State Defendants"), claiming
rights as to a 60-mile stretch of the Penobscot River, commonly
known as the "Main Stem." The United States intervened in support
of the Nation. Private interests, towns, and other political
entities, whom we shall call th

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Vladlena Funk v. Belneftekhim, a/k/a Concern Belneftekhim, Belneftekhim, U.S.C., Inc.

In this action, originally filed in New York State court, plaintiffs Emanuel
Zeltser and Vladlena Funk sue defendants Concern Belneftekhim (“BNTK”) and
Belneftekhim USA, Inc. (“BUSA”) for their alleged roles in plaintiffs’ 2008
abduction from London and their prolonged detention in Belarus by authorities
3
of that country. After defendants removed the case to the United States

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Clean Air Council, et al. v. E. Scott Pruitt

Petitioners, a group of environmental
organizations, challenge the Environmental Protection
Agency’s decision to stay implementation of portions of a final
rule concerning methane and other greenhouse gas emissions.
For the reasons set forth in this opinion, we conclude that EPA
lacked authority under the Clean Air Act to stay the rule, and
we therefore grant petitioners’ m

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State of Ohio v. Kyle L. Jones

This matter is before us for the second time. We incorporate the statement of facts and prior procedural history as detailed in our first decision in this case, State v. Jones, 10th Dist. No. 15AP-670, 2017-Ohio-1168, ¶ 2-13. In our prior decision, we affirmed appellant's conviction and sentence, finding: (1) the trial court did not abuse its discretion because its response to the jury's question

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STATE OF OHIO vs. MICHAEL P. YOUNG

In August 2012, Young was charged in a 66-count indictment. The
charges stemmed
from an alert received by the Internet Crimes Against Children Task Force (“ICAC”) that a computer was making three files available for download that included videos of prepubescent females engaging in sexual acts. Following a thorough investigation, the ICAC determined that the computer was located at Y

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Bridget Marlow v. The New Food Guy, Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Plaintiff Bridgette Marlow sued her employer The New Food Guy, Inc., d/b/a
Relish Catering, under the Fair Labor Standards Act (FLSA). The FLSA requires
employers to pay a minimum wage of $7.25 per hour, see 29 U.S.C. § 206(a)(1)(C), plus
time and a half for overtime, see 29 U.S.C. § 207(a)(1). Relish paid Ms. Marlow $12 an
hour and $18 an hour for overtime. So what is the problem?

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Summer Snow v. State of Indiana Indiana Supreme Court

One November morning, before daybreak, Summer Snow was fighting with her boyfriend, Reginald Harris. She called the police twice during the fight, but cancelled each call before anyone responded. She eventually kicked Harris out of her house, and he took refuge in the driveway in the back seat of her car. Snow tried to kick him out of her car as well, calling the police for a third time when he re

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Reginald Harris v. State of Indiana Indiana Supreme Court

After fighting with police officer Terry Peck, Reginald Harris and Summer Snow were convicted of battery against a public safety official and resisting law enforcement. Since we give the full facts in today’s companion opinion, Snow v. State, No. 45S03-1703-CR-169, ___ N.E.3d ___, slip op. at 2–4 (June 22, 2017), we summarize them here. Early one November morning, Summer Snow was fighting with her

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Helen Mining Company v. James E. Elliott, Sr.

The Black Lung Benefits Act (BLBA) confers on coal workers generally the right to claim workers’ compensation benefits for disabilities arising out of coal dust exposure. 30 U.S.C. §§ 901–45. Typically, the burden of proof rests on the miner to establish each element necessary for entitlement to benefits. For miners who meet particular criteria, however, the BLBA provides that certain elements wil

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Jefferson County, Texas v. Victor Stines Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (

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Waymon Scott Hartwell and HHH Farms, LLC v. Lone Star, PCA Fanin County Courthouse - Bonham, Texas

and HHH Farms, LLC (HHH) (collectively Appellants), defaulted on the payment due on two of their loans from Lone Star, PCA (Lone Star), they sold cattle securing the loans without paying the proceeds to Lone Star. After learning of the cattle sales and that some of the proceeds were used to pay other creditors, Lone Star sued Appellants for breach of contract, breach of fiduciary duty, conversion,

More...   $0 (06-23-2017 - )

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