Res Ipsa Loquitur Law
 
Michael Barnett v. City of Southside Place

Appellant, Michael Barnett, appeals from the trial court’s order granting appellee, City of Southside Place’s plea to the jurisdiction in his suit brought under the Texas Whistleblower Act. See TEX. GOV’T CODE ANN. §§ 554.001–.010 (West
2
2012). In three issues, Barnett contends that the trial court erred in granting the
City’s plea because (1) the evidence raises a fact issue regardin

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Maria Flores and Mitzie Tarin v. Elizar Benavides and Belinda Benvides

Appellants, Maria Flores and Mitzie Tarin, appeal from an order in which the
trial court granted summary judgment in favor of Appellees, Elizar Benavides and
Belinda Benavides. We affirm.
1The parties have been before this court previously in Tarin v. Benavides, No. 11-11-00258-CV,
2014 WL 357771, at *1 (Tex. App.—Eastland Jan. 30, 2014, pet. denied) (mem. op.).
2
In a sing

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Roger Garling v. United States Environmental Protection Agency

Roger Garling, Sheryl Garling, and their business, R and D Enterprises, Inc.,
(collectively, “the Garlings”) sued the United States for damages arising from an
FILED United States Court of Appeals Tenth Circuit

March 7, 2017

Elisabeth A. Shumaker Clerk of Court


- 2 -

Environmental Protection Agency (“EPA”) raid and investigation of their l

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JOHN P. McMANUS v. THE UNITED STATES Mr. McManus reported gambling winnings of $17,400,000 as “United States source income” for 2012.

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Pending before the court in this tax refund case are cross-motions for summary
judgment pursu

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Josephine Douglas-Peters v. Cho, Choe & Holden, P.C.

Josephine Douglas-Peters1 appeals the trial court’s final judgment in favor of Forest Law, P.C. d/b/a Cho, Choe & Holen, P.C.,2 as assignee of Choe, Holen, Yoo & Burchfiel, P.C.,3 on its claim against Douglas-Peters for breach of a legal representation retainer agreement and awarding it $90,453.21 in damages. Douglas-Peters raises four issues on appeal, arguing: (1) the evidence is legally and fac

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Bradley B. Ware v. Texas Commission on Environmental Quality

Bradley B. Ware appeals a district court judgment affirming an order of the Texas
Commission on Environmental Quality (TCEQ) denying an application by Ware to extend and
expand water rights previously granted him under a ten-year “term permit.” We will affirm the
district court’s judgment.
BACKGROUND
Regulatory context
This case arises under the regime of water-rights regul

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Elness Swenson Graham Architects, Inc.; Cross-Appellants, RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC // Cross-Appellee, Elness Swenson Graham Architects, Inc.

Appellant Elness Swenson Graham Architects, Inc. (Elness) appeals from a final
judgment in favor of appellees RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ
Lodging Fund II Acquisitions, LLC (collectively, RLJ). RLJ also filed a cross-appeal against Elness.
Elness raises five issues on appeal, challenging RLJ’s right to bring suit for breach of contract, the
trial

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Deborah Logsdon v. Mark E. Logsdon

Appellant Deborah Logsdon appeals from the trial court’s summary
judgment granted in favor of appellee Mark E. Logsdon. Because we conclude
the trial court did not err, we affirm the trial court’s judgment. See Tex. R. App.
P. 43.2(a).
1See Tex. R. App. P. 47.4.
2
I. BACKGROUND
A. DIVORCE AND LIQUIDATION OF ASSETS BY AUCTION
Deborah and Mark married in 1984 and join

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The City of Houston v. Randall Kallinen

In this appeal, we determine whether the City of Houston must pay
attorney’s fees to compensate a citizen who pursued and won access to
information under the Texas Public Information Act. Invoking the PIA,
Randall Kallinen asked the City of Houston to disclose information regarding


2

a traffic-light camera study that the City had commissioned. The City g

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U.S. Specialty Insurance Company v. Estate of John Charles Earley, Jr.

John Earley, Jr. was the named insured on an aircraft insurance contract (the
Policy) with U.S. Specialty Insurance Company (U.S. Specialty). Earley and Michael
Schlarb died during an instructional flight when an aircraft listed in the Policy crashed
shortly after takeoff. U.S. Specialty sought a declaratory judgment that the Policy doesn’t
cover any potential claims arising from t

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5907 Blvd., L.L.C. v. West NY Suites, L.L.C.

Defendant West NY Suites, L.L.C., appeals from the Law Division's judgment following a bench trial finding it liable on

Page 2

a breach of contract claim brought by plaintiff 5907 Boulevard, L.L.C, and awarding damages and attorney's fees. We affirm.

In summary form, the parties entered into a contract for the sale of an apartment building from plaintiff to defen

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CARLOS ERNESTO MEDINAVELASQUEZ v. JEFF SESSIONS, United States Attorney General Illegal Immigration MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa

I. INTRODUCTION
Carlos Medina-Velasquez, a native and citizen of Honduras, petitions for
review of an order by the Board of Immigration Appeals (“BIA”). The BIA
affirmed an Immigration Judge’s (“IJ”) decision to deny Medina-Velasquez’s
*
In accordance with Fed. R. App. P. 43(c)(2), Jeff Sessions is substituted
for Loretta E. Lynch as the respondent in this action.
**Thi

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Anthony Wayne McClelland v. The State of Texas MoreLaw Receptionist Services Never Miss Another Call With MoreLaw's Receptionists Answering Your Calls

On July 13, 2014, Pran Pun-Magar (Pran) and Chinta Ram Oli (Chinta) took a break from
their job at a Shell gas station located in East Austin. They walked to a nearby park where they
sat under a tree. Appellant approached them, grabbed the front of Chinta’s shirt, brandished a
knife, and pointed it at both of them. Appellant also verbally threatened the two men. Chinta
and

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UNITED STATES OF AMERICA v. DERRICK ANTHONY SANDOVAL MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

Derrick Sandoval was convicted of various drug crimes. He contends the
district court made a number of errors that undermined the fairness of his trial.
Because he did not object at the time, we review most of his arguments for plain
error. In sum, we conclude the district court did not plainly err in (1) allowing
opinion testimony from the detectives who investigated the drug ring

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ONB Bank and Trust Company v. Concrete Pavement Specialists, LLC and Brett C. Inman and Amy E. Inman v. ONB Bank and Trust Company and Christian M. Meyers MoreLaw – Internet Performance Marketing Market Yourself Any and Everywhere in the US Free of Charge If It Does Not Produce Calls to Your Office

Tulsa, OK - ONB Bank and Trust Company sued Concrete Pavement Specialists, LLC and Brett C. Inman and Amy E. Inman on replevin and promissory note theories. Concrete Specialists and the Inmans counterclaimed on breach of contract, fraud and breach of fiduciary duty theories.

Issue # 1. Issue: REPLEVIN (REPLE)
Filed By: ONB BANK AND TRUST COMPANY
Filed Date: 04/12/2011
Part

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Keith Mendenhall v. Lisa Swanson

[¶1.] Keith Mendenhall appeals a jury verdict awarding $211,710 to Lisa Swanson, his former wife, in compensatory and punitive damages for intentional infliction of emotional distress and alienation of affection. Keith argues the circuit court erred by admitting 14 exhibits consisting of court documents from prior proceedings. We reverse and remand.
Facts and Procedural History
[¶2.] Lisa

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Joni Tillich, Nichole LaFloe, Shawn Marcellais, Lisa DeCoteau, and Lynn Boughey v. Don Bruce, Vinier "Poin" Davis, and Linda Davis

[¶1] Don Bruce, Vinier Davis, and Linda Davis ("Defendants") appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court's denial of the Defendants' request for attorney fees under N.D.C.C. § 28-26-01(2) and remand for calculation of attorney fees based upon accepted factors and order the district court award attorney fees to t

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Darwin and Jean Krenz v. XTO Energy, Inc.

[¶1] XTO Energy, Inc., appeals and Darwin and Jean Krenz cross-appeal from a judgment awarding the Krenzes $800,000 for a pipeline trespass and ordering the parties to abide by certain documents for their future relationship after the district court construed a pipeline easement to authorize one pipeline on the Krenzes' land and found XTO's unauthorized construction and operation of a second pipel

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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 KANSAS v. JESSE MONTANEZ

For his burglary and misdemeanor theft crimes, the court sentenced Montanez using a criminal history score of A based, in part, on the classification of his 1982 Illinois convictions for armed robbery and aggravated battery as person felonies. He successfully appealed his sentence to this court, and we vacated his felony sentence and remanded for resentencing with directions to reclassify those tw

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UNITED STATES OF AMERICA v. DAVID SAVOY THOMAS

Defendant-Appellant David Savoy Thomas appeals from his conviction of
four counts of robbery, 18 U.S.C. § 1951(a), following a jury trial. On appeal, he
challenges (1) the sufficiency of the evidence on Count 1, (2) an in-court
identification, and (3) the denial of his motion to sever the Count 1 robbery
charge from the other robbery counts. Exercising jurisdiction under 28 U.S.C.<

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State of Oklahoma v. Jon Brandon Scarce

Tulsa, OK - Jury Convicts Man On Child Abuse Murder Charge and Recommends Life In Priosn

The State of Oklahoma charged Jon Brandon Scarce, age 35, with:

Count # 1. Count as Filed: HM11, CHILD ABUSE MURDER, in violation of 21 O.S. 701.7
Date of Offense: 08/07/2015
Party Name Disposition Information
SCARCE, JON BRANDON
Docket
Date Code Description Count

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Francisco Herrera Sanchez vs. State of Minnesota

Sanchez, who was born in Mexico, arrived in the United States with his parents as
a minor in 2005. In 2012, he applied for and received Deferred Action for Childhood
Arrivals (“DACA”), a program under which noncitizens who come to the United States as
children can receive a limited deferral from removal proceedings. See Consideration of
Deferred Action for Childhood Arrivals

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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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The Right Reverend Charles G. Vonrosenberg v. The Right Reverend Mark J. Lawrence

This dispute between two clergymen — each claiming to be the Bishop of The
Protestant Episcopal Church in the Diocese of South Carolina — comes to us a second
time. Bishop Charles G. vonRosenberg initiated this action, seeking declaratory and
injunctive relief. He alleges that Bishop Mark J. Lawrence has violated the Lanham Act
by falsely advertising himself to be the Bishop of the

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