Res Ipsa Loquitur Law
 
Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l

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State of Oklahoma v. Sandra Lee Rodman

Tulsa, OK - The State of Oklahoma charged Sandra Lee Rodman with:

Count # 1.
Count as Filed: LA4, POSSESSION OF STOLEN VEHICLE, in violation of 47 O.S. 4-103
Date of Offense: 06/02/2014

Party Name

Disposition Information

RODMAN, SANDRA LEE
Disposed: CONVICTION, 07/31/2014. Guilty Plea
Count as Disposed: POSSESSION OF STOLEN VEHICLE(LA4)
Viola

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State of Oklahoma v. Braden Malik Nelson

Tulsa, OK - The State of Oklahoma charged Braden Malik Nelson with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER, in violation of 21 O.S. 649
Date of Offense: 06/03/2014

Party Name

Disposition Information

NELSON, BRADEN MALIK
Disposed: DEFERRED, 12/15/2014. Guilty Plea
Count as Disposed: ASSAULT & BATTERY UPON A POLIC

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Timothy Nelson Evans a/k/a Timothy N. Evans a/k/a Timothy Evans a/k/a Tim Evans v. State of Mississippi

Evidence adduced at trial revealed that in the spring of 2009, Evans moved into
Holling’s home as her tenant. The two previously had been romantically involved, but that
relationship had ceased before Evans moved in with seventy-year-old Holling. On the
morning of January 2, 2010, fifty-two-year-old Evans and his friend, Joe Thomas, were on
the way to perform a carpet-cleaning job

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Michael John Hernandez v. General Mills Federal Credit

General Mills Federal Credit Union1 filed an adversary proceeding to determine
the dischargeability of a debt in Michael Hernandez's Chapter 7 bankruptcy. The
bankruptcy court2 found the debt excepted from discharge, the district court3 affirmed,
and we now affirm as well.
I. BACKGROUND
Hernandez's grandparents, Joseph and Stella Hernandez (whom we will refer
to as Joseph a

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David G. Turner v. Wells Fargo Bank, N.D., et al.

This appeal arises from the judgment of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order granting Appellees’1 motion to dismiss Rosanna Mac Turner’s and David Turner’s (“Appellants” or “Turners”) Adversary Complaint without leave to amend.
The Turners are the borrowers and Trustors on a Deed of Trust (“DOT”) for residential property in Livermore, California. The DO

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Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall

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S. O. v. University of Texas at Austin President Gregory L. Fenves, et al.

S.O. challenges the trial court’s order granting the plea to the jurisdiction filed by
appellees University of Texas at Austin President Gregory L. Fenves; University of Texas at Austin
Registrar Vincent Shelby Stanfield; University of Texas Dean of Students Soncia Reagins-Lilly;
University of Texas at Austin Professor Jeana Lungwitz; and University of Texas Regents Paul L.
Foster,

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Timothy Onkst v. Jennifer Onkst

In this child-custody case, Timothy Onkst appeals the trial court’s final judgments
on Jennifer Onkst’s Motion for Enforcement and Petition to Modify the Parent-Child Relationship.1
For the reasons set forth below, we will affirm the judgments of the trial court.
BACKGROUND
Timothy and Jennifer were married on December 23, 2010, and had their first child,
B.O., in October 2011.

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Nataliya Shahin v. Memorial Hermann Health System

Nataliya Shahin, appellant, appeals the trial court’s order granting Memorial Hermann Health System’s plea to the jurisdiction which dismissed her claim for declaratory relief without prejudice. While the trial court did not specify any grounds in the order, appellee’s plea to the jurisdiction argued that appellant’s
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claim (1) was not ripe because the statement amount was subject to char

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David Lee Baird v. State of Oklahoma

¶1 Appellant David Lee Baird was tried and convicted by a jury in the District Court of Comanche County, Case No. CF-2013-493, for the crimes of Count 1: First Degree Murder, in violation of 21 O.S.Supp.2012, § 701.7(A); Count 3: Unlawful Desecration of Dead Body, in violation of 21 O.S.2011, § 1161.1; Count 4: Forging Certificate of Title, in violation of 47 O.S.2011, § 4-109; and Count 5: Obtain

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United States of America v. Steve Cuellar Zuniga Sixth Circuit Courtroom - New Orleans, Louisiana

In this appeal, Steve Cuellar Zuniga first challenges the district court’s denial of his motion to suppress evidence obtained during a warrantless search of his person and the vehicle within which he rode as a passenger. Second, Zuniga objects to his career offender sentence under U.S.S.G § 4B1.2 on the ground that its identically-worded residual clause was held unconstitutional by the Supreme Cou

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STATE OF IOWA vs. MARTHA ARACELY MARTINEZ SUPREME COURT OF IOWA

Martha Martinez came to Muscatine with her parents in 1997 when she was eleven years old. She attended Muscatine public schools and worked for several different employers in Muscatine County. When she was seventeen years old, Martinez applied for and obtained an Iowa driver’s license. She used a birth certificate in the name of Diana Castaneda, a person with a social security number, to obtain

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STATE OF KANSAS v. CHARLES EDWARD WILLIAMS

On August 5, 2010, Charles Edward Williams was charged with one count of unintentional second-degree murder and one count of aggravated reckless battery causing great bodily harm. The State later amended the complaint or information and replaced the count of unintentional second-degree murder with one count of intentional second-degree murder. The charges were brought after Williams was involved i

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STATE OF KANSAS v. MATTHEW R. MCDANIEL Case Video

Ronald Wilson died from two gunshot wounds to the head. Wichita police investigated the death and questioned McDaniel. After initially denying involvement, McDaniel eventually confessed that he, Kendall Gentry, and Christopher Brown had planned to rob Wilson two days before the crime. He speculated the robbery's purpose was to assist in covering a drug debt Brown owed because one of Wilson's relat

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SHANNON BOGGUESS v. STATE OF KANSAS Case Video

On the morning Bogguess was scheduled to go before a jury for trial, he requested a bench trial on stipulated facts. The district court conducted the following colloquy with Bogguess:

"THE COURT: And, Mr. Bogguess, just so that I am perfectly clear on this matter, you do understand that all charges contained in and set forth in the amended Information filed on May 29 of 2009, are sch

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State of Oklahoma v. Darrell Jams Hummingbird

Stilwell, OK - State of Oklahoma v. Darrell Jams Hummingbird

Count # 1. Count as Filed: RES, RESISTING ARREST, in violation of 21 O.S. 268
Date of Offense: 01/14/2016
Party Name Disposition Information
HUMMINGBIRD, DARRELL JAMES Disposed: CONVICTION, 05/12/2016. Nolo Contendere Plea
Count as Disposed: RESISTING ARREST(RES)
Violation of 21 O.S. 268
Count # 2.

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State of Oklahoma v. Jusha Lee Littlefield

Stilwell, OK - State of Oklahoma v. Jusha Lee Littlefield

Count # 1. Count as Filed: OPO, OTHER VIOLATION RELATING TO PROFESSIONS & OCCUPATIONS, in violation of 59 O.S. 1512(C)(2)
Date of Offense: 12/07/2015
Party Name Disposition Information
LITTLEFIELD, JOSHUA LEE Disposed: DEFERRED, 10/27/2016. Judge
Count as Disposed: OTHER VIOLATION RELATING TO PROFESSIONS & OCCU

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DAVID LEE BAIRD v. STATE OF OKLAHOMA

In the early morning hours of September 12, 2013, the body of Claudine Marroquin was found in a shallow grave in the backyard of the home she shared with her husband, Appellant. The evidence showed Appellant murdered his wife approximately two weeks earlier after an argument on August 24, 2013.
¶3 On the night of August 24, 2013, Claudine spoke with her sister, Elizabeth Marroquin, on the tele

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State of Oklahoma v. Jestin Tafolla Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Jury Convicts Defendant of Assault and Battery With a Dangerous Weapon

The State of Oklahoma charged Jestin Tafolla 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
Party Name Disposition Information
TAFOLLA, JESTIN
Count # 2. Count as Filed: WE1, CARRYING W

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STATE OF SOUTH DAKOTA v. JEREMY JACOB GOODSHOT Police: Machete suspect had gunshot wound

On the morning of August 13, 2015, Kenny Maldonado-Molina was
awakened by his dog barking outside, and he left his house with a handgun to
investigate. He observed a man, later identified as Goodshot, holding a machete
over his head. Because Goodshot walked towards Maldonado-Molina in a
threatening manner, Maldonado-Molina displayed the gun and warned Goodshot to
stay ba

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ConocoPhillips Company v. Leon Oscar Ramirez, Jr., Individually, and Jesus M. Dominguez, as Guardian for Minerva Clementina Ramirez, an incapacitated person, Individually

ConocoPhillips Company and Rodolfo C. Ramirez, Individually and as Independent Administrator of the Estate of Ileana Ramirez, and El Milagro Minerals, Ltd. appeal the trial court’s judgment declaring that appellees Leon Oscar Ramirez, Jr., individually, and Jesus M. Dominguez, as Guardian of the Estate of Minerva Clementina Ramirez, an Incapacitated Person, each own a 1/12 mineral interest in the

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Robert Davenport and Jayne Edison v. Dr. Samuel Maxwell Adu-Lartey and Athletic Orthopedics and Knee Center, P.A. d/b/a AOK Orthopedics

Robert Davenport and his wife sued Dr. Samuel Adu-Lartey and an orthopedic clinic for negligence in connection with back surgery. The trial court granted summary judgment in favor of the defendants, based on their limitations
2
defense. The appellants contend that they filed suit within the applicable limitations period and, alternatively, that limitations had not run because Dr. Adu-Larte

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In Re: Zoloft (Sertraline Hydrochloride) Product Liability Litigation

This case involves allegations that the anti-depressant drug Zoloft, manufactured by Pfizer, causes cardiac birth defects when taken during early pregnancy. In support of their position, plaintiffs, through a Plaintiffs’ Steering Committee (PSC), depended upon the testimony of Dr. Nicholas Jewell, Ph.D. Dr. Jewell used the “Bradford Hill” criteria1 to analyze existing literature on the causal conn

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Safe Streets Alliance v. John W. Hickenlooper Tenth Circuit Court of Appeals - Denver, Colorado

These three appeals arise from two cases that concern the passage,
implementation, and alleged effects of Amendment 64 to the Colorado Constitution,
Colo. Const. art. XVIII, § 16. Amendment 64 repealed many of the State’s criminal and
civil proscriptions on “recreational marijuana,”1 and created a regulatory regime designed
to ensure that marijuana is unadulterated and taxed, and t

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