Res Ipsa Loquitur Law
 
HYMAS v. US

Beginning in the 1970s, the Service entered into CFAs with farmers to manage public lands in the National Wildlife Refuge System for the conservation of migratory birds and wildlife, including at the Umatilla and McNary Refuges in the Pacific Northwest.1 See id. at 469–70.
1 The Umatilla Refuge covers more than 22,000 acres “within the upper reach of Lake Umatilla in Benton County, Washing

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In re Carrington H. et al.

This appeal arises from a petition to terminate the parental rights of Vanessa G. (―Mother‖) to her minor child Carrington. By the time the Tennessee Department of Children‘s Services (―DCS‖) filed the petition on October 24, 2013, it had been providing services to Carrington‘s family for ten years.2 Mother‘s entire history with DCS is not included in the record on appea

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CHESAPEAKE EXPLORATION, L.L.C. AND CHESAPEAKE OPERATING, INC. v. MARTHA ROWAN HYDER

Generally speaking, an overriding royalty on oil and gas production is free of production
costs but must bear its share of postproduction costs unless the parties agree otherwise. The only
question in this case is whether the parties’ lease expresses a different agreement. We conclude it
does and therefore affirm the court of appeals’ judgment.1
The Hyder family leased 948 mineral

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RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION

This case arises out of the Commission’s duties with respect to abandoned oil-and-gas
wells, which are governed by Texas Natural Resources Code chapter 89. One of the statute’s
express purposes is to protect Texas’s water and land from pollution by providing “additional
means” for the plugging of abandoned wells. TEX. NAT. RES. CODE § 89.001. The statute and
accompanying Com

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In re: Idaho Conservation League, et al.

Congress enacted CERCLA “to promote the timely cleanup of hazardous waste sites and to ensure that the costs of such cleanup efforts were borne by those responsible for the contamination.” Burlington N. & Santa Fe Ry. Co. v. United States, 556 U.S. 599, 602 (2009) (internal quotation marks and citation omitted). CERCLA vests in EPA “‘broad power to command government agencies and private parties

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Main Street Legal Services v. National Security

On appeal from a judgment entered in the Eastern District of New York 
(Vitaliano, J.) dismissing plaintiff’s complaint for failure to state a claim under 
the Freedom of Information Act (“FOIA”), plaintiff challenges the district court’s 
olding that the National Security Council is not an “agency” subject to the 
FOIA.  5 U.S.C. §§ 551(1), 552(f)(1). 
AFFIRMED.    Judge WESLE

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State of Oklahoma v. Kelvin Ray Robinson

Tulsa, OK - The State of Oklahoma charged Kelvin Ray Robinson with:

Count # 1.
Count as Filed: LMFR, LARCENY OF MERCHANDISE FROM RETAILER , in violation of 21 O.S. 1731
Date Of Offense: 02/27/2014

Party Name: Disposition Information:

ROBINSON, KELVIN RAY
(After Prior Convictions)
Disposed: CONVICTION, 04/14/2014. Guilty Plea.
Count as Disposed:

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State of Oklahoma v. Melissa Kay Grant

Tulsa, OK - The State of Oklahoma charged Melissa Kay Grant with:

Count # 1.
Count as Filed: DU8II, UNLAWFUL POSSESSION OF CONTROLLED DRUG - METHAMPHETAMINE , in violation of 63 O.S. 2-402
Date Of Offense: 03/01/2014

Party Name: Disposition Information:

GRANT, MELISSA KAY
Disposed: CONVICTION, 05/08/2015. Guilty Plea.
Count as Disposed:UNLAWFUL POS

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Petrohawk Properties, L.P., and P-H Energy, L.L.C. v. Noel Diane Jones, et al.

In 2008, oil and gas companies descended on east Texas and Louisiana seeking to acquire
leases to exploit the Haynesville Shale formation, which they viewed as having enormous
potential. The atmosphere created by these companies was described as “unreal,” “a land rush,”
and comparable to a gold rush. David Deffenbaugh, Petrohawk Properties, L.P.’s, vice president
of land—midc

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Eastman Gas Company, L.L.C., f/k/a Fairplay Gas v. Goodrich Petroleum Company, L.L.C.

Eastman Gas Company, L.L.C. (Eastman),1 operates a service as an intermediate
transporter of natural gas. Under this service, Eastman collects natural gas from the wellheads or
collection points of gas producers, meters the amount collected, transports the gas in its pipeline
to points of sale, collects from the purchasers, and then pays the producer of the natural gas,
reserv

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U.S. Commodity Futures Trading v. U.S. Ventures

In 2006, RIO Systems, Inc., a Texas corporation “interested in . . . projects related
to oil refinery planning, construction and finance in Central America,” hired Mr. Penedo,
the president of a Guatemalan “social service[s] and human rights foundation,” Aplee.
Supp. App., Vol. I at 262, “to act as a facilitator and lobbyist to the Guatemalan
government” for the construction of

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STATE OF LOUISIANA Vs. DALE LAMBERT

On August 22, 2013, Dale Lambert was indicted for the second degree
murder of Bernard Santiago, a violation of La. R.S. 14:30.1. After entering a plea
of not guilty, Mr. Lambert filed motions to suppress the evidence, statements and
identification, all of which were denied on May 8, 2014. A jury trial took place
from March 2, 2014 through March 4, 2014 and, by a verdict of t

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AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS

In this case we must decide whether Texas partnership law requires a plaintiff seeking to
enforce a partner’s liability for a partnership debt to sue the partner within the limitations period on
the underlying claim against the partnership. Here, a judgment creditor attempted to collect from a
partnership after litigating a contract claim for over a decade and a half, only to find the

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Miramar Petroleum, Inc. v. Cimarron Engineering, LLC

This lawsuit concerns damages related to a “blow out” at an oil and gas well known
as Sartwelle #1, which is owned by Miramar and located in Jackson County, Texas.1 On
August 6, 2013, Miramar filed its first amended original petition naming Cimarron as a
defendant. Miramar did not attach a certificate of merit to its amended petition.
Cimarron filed its first motion to dismi

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United States of America v. David McQueen

In 2006, McQueen used a home equity loan acquired from the purchase of a rental home
to personally invest in Maximum Return Trading (MRT).1 Jim Clements, the owner of MRT,
represented to McQueen that Clements was earning returns of forty to fifty percent per month
from currency trading. Clements told McQueen that he would receive a twenty-percent return,
but it would eventual

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Nebraska v. Parker

The Omaha Tribe settled in the Missouri River valley more than 500 years ago. Over the course of several centuries, the Tribe established villages in northeastern Nebraska, farmed the land, and hunted deer and bison across the plains. But the Tribe increasingly found itself threatened by westward expansion, warfare with other tribes, and disease. Following the United States’ acquisition of it

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The State of New Hampshire v. Oscar Grande

The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carrying a knife, entered the “Bremmer Street Food Mart” (Food Mart), in Manchester, and demanded money from the clerk. The
clerk did not give the men any money, but stated that he was going to call the police. The two men left the store, and the clerk called 911. When the police arrived, the cl

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Juan Esquivel-Quintana v. Loretta E. Lynch

The Immigration and Nationality Act defines “sexual abuse of a minor” as an aggravated felony. 8 U.S.C. § 1101(a)(43)(A). Aliens convicted of an aggravated felony face numerous criminal and civil consequences, including removal from the United States. Id. § 1227(a)(2)(A)(iii). In this case, we consider whether “sexual abuse of a minor” includes convictions under California Penal Code § 261.5(

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State of Oklahoma v. Jeremy Shawn Younger

Tulsa, OK - The State of Oklahoma charged Jeremy Shawn Younger with:

Count # 1.
Count as Filed: ODO, UNLAWFUL POSSESSION OF CONTROLLED DRUG WITH INTENT TO DISTRIBUTE , in violation of 63 O.S. 2-401 A 1
Date Of Offense: 02/17/2014

Party Name: Disposition Information:

YOUNGER, JEREMY SHAWN
(After Prior Convictions)
Disposed: CONVICTION, 08/27/2014. G

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Josh Finkelman v. National Football League

Many of us have felt the disappointment of wanting to attend a concert or athletic event only to discover that the event has sold out. When an artist or sports team is especially popular, the gap between the supply of tickets and the demand for those tickets can be enormous. Some people will be able to attend such an event; others will not.
The Super Bowl is perhaps the ultimate example

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United States of America v. Jerry Harris

After accepting a plea agreement containing a broad appeal waiver,
Jeremy Harris pleaded guilty to one count of conspiracy to distribute marijuana in
violation of 21 U.S.C. §§ 841(a)(1) and 846. The district court accepted his guilty
plea, but it deferred deciding whether to accept the plea agreement until after it saw
the presentence report. The court informed the parties th

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BOBBY JOE STOUFFER vs. STATE OF IOWA

In 2007, Bobby Stouffer was convicted of murder in the second degree
and sentenced to a term of incarceration not to exceed fifty years. The facts and
circumstances surrounding the murder are set forth in two prior appellate
decisions and need not be repeated here. See Stouffer v. State, No. 12-0932,
2013 WL 5498060, at *1 (Iowa Ct. App. Oct. 2, 2013); State v. Stouffer, No.

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Franks v. State Of Delaware

In 1992 Jermaine Wright was convicted of Murder in the First Degree, Robbery
in the First Degree, and related weapons offenses for his involvement in what was
known as the Hi-Way Inn murder/robbery. The Superior Court imposed the death
penalty for his conviction of Murder in the First Degree. Prior to trial, Wright moved
to suppress a statement he had given to police. He alleged

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CC Metals and Alloys, LLC v. United States

This action involves the U.S. Department of Commerce’s (“Commerce”) final negative determination in the less than fair value investigation of ferrosilicon from the Russian Federation. See Ferrosilicon from the Russian Federation,
CC METALS AND ALLOYS, LLC, AND GLOBE SPECIALTY METALS, INC., 79 Fed. Reg. 44,393 (Dep’t of Commerce July 31, 2014) (final LTFV determ.) (“Final Determination”); see

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The State of New Hampshire v. Oscar Grande

Following a jury trial in Superior Court (Abramson, J.), the defendant, Oscar Grande, was convicted of armed robbery. See RSA 636:1 (2007). On appeal, he argues that his trial counsel was ineffective by failing to contest the admission of evidence concerning an uncharged robbery. We affirm. The relevant facts follow. On January 9, 2013, two men, both wearing masks and gloves, and one carryi

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