Res Ipsa Loquitur Law
 
Teton Co-op Canal v. Teton Coop Reservoir

Teton Canal was formed in 1903 for the purpose of appropriating, transporting,
storing, and using water for irrigation in Teton County. It and Teton Reservoir are
among several water supply entities that distribute water to shareholders from the Teton
River northwest of Choteau, Montana. Numerous other water users also divert water
from this stretch of the Teton River. Teton

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People Of Illinois v. Richardson

On February 9, 2001, Richardson, who was 16 years old, was arrested at 4837 South St. Lawrence Avenue in Chicago in connection with the murder of his 11-month-old daughter, Diamond Clark. At the police station, Richardson gave a videotaped statement in which he made inculpatory remarks, including that he bit his daughter, struck her numerous times with a coat hanger and belt, struck her face with

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Jones v. Workman

OPINION This matter comes before the Court on the Petition for Writ of Habeas Corpus filed by Oklahoma death row inmate Jared William Jones pursuant to 28 U.S.C. § 2254 (docket entry no. 21).2 Petitioner, who appears through counsel, challenges the convictions and sentences entered against him in Oklahoma County District Court Case No. CF-2003-2046. In that case, a jury found Petitioner gui

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Adebisi Adenariwo v. FMC

Adenariwo is the owner and principal of MacBride Nigeria, Ltd. (MacBride), a producer of concrete masonry products in Lagos, Nigeria. In 2008, MacBride purchased equipment from Nethamer Ltd., a U.S.-based company. BDP, a licensed freight forwarder, arranged for the transportation of the equipment from the U.S. to Nigeria by Zim, a vesseloperating common carrier. Zim shipped the equipment to Nige

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State of Oklahoma v. Rommel Brian Andrada

Tulsa, OK - The State of Oklahoma charged Rommel Brian Andrada with:


Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 644 D1
Date of Offense: 02/16/2014
Party Name Disposition Information
ANDRADA, ROMMEL BRIAN Disposed: CONVICTION, 04/21/2014. Guilty Plea
Count as Disposed: DOMESTIC ASSAULT WITH A DANGEROUS WEAPO

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Great American Insurance Co. v. Heneghan Wrecking & Excavating Co

Plaintiffs, Great American Insurance Company of New York, as subrogee of 600 Wabash
L.P. and 600 S. Wabash Commercial, LLC, American Economy Insurance Company, as
subrogee of Moonstone Foods Enterprises, LLC, Society Insurance, a mutual company, as
subrogee of Charming Food Network, Inc. d/b/a Tamarind, and First National Insurance
Company of America, as subrogee of Wabash KPX,

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United States of America v. Carlos Franco

Carlos Franco pleaded guilty to federal firearm charges under a plea
agreement that allowed him to appeal the district court’s denial of his motion to
suppress evidence. Because Franco waived the sole argument he presents on
appeal, we affirm the district court’s denial of the suppression motion.
In the early morning hours of June 5, 2013, a Chaves County deputy sheriff
initia

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SolarWorld Americas, Inc. v. United States

“A countervailing duty investigation shall be initiated whenever [Commerce] determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under [19 U.S.C. § 1671(a)] exist.”4 In this case, Commerce initiated a CVD proceeding based on SolarWorld’s petition, which initially covered twenty-seven

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Kyocera Solar, Inc. v. United States Int'l Trade Comm'n

Kyocera is a producer and supplier of solar energy modules. Mem. in Supp. Of Mot. for J. Upon the Agency R. (“Pl.’s Br.”) at 2, July 13, 2015, ECF No. 23. Kyocera International (“KII”) was established in 1969 as a holding company for Kyocera Corporation’s North American group of companies. Id. KSI is KII’s North American solar products subsidiary headquartered in Scottsdale, Arizona. Id. KM

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Cathleen E. Curreri v. Robert B. Saint et al

There is no serious dispute about the facts of this case. The defendants Robert and Linda
Saint own a house that Cathleen Curreri rented from them. According to Curreri, the Saints
allowed mold to grow in the house, rendering it uninhabitable and damaging her furniture,
clothing, and other personal property. Curreri was also in arrears with her rent. As a result, the
Saints

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Fleck v. Missouri River Royalty Corp.

Fleck owns mineral interests in McKenzie County described as the south half of section 10 in range 100 west of township 150 north. In 1972, Fleck's predecessors in interest executed an oil and gas lease in favor of the defendants' predecessor in interest. The lease term was ten years and as long thereafter as oil or gas was produced. The lease also provided it would not expire if production ceased

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Blume Construction, Inc. v. State of North Dakota

Blume received a notice of determination from Job Service dated November 8, 2013, informing Blume that it would be assigned a penalty tax rate for unemployment insurance. The notice stated the agency conducted an audit and concluded there was a transfer of ownership and payroll between Blume and another company that was knowingly done to obtain a lower tax rate for unemployment insurance. The noti

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State Of Rhode Island v. James Oliveira

The defendant, James Oliveira (defendant or Oliveira), appeals from a Superior Court judgment of conviction on one count of first-degree child molestation. Oliveira raises two issues on appeal. First, he claims that the forty-five
month delay between the return of the record to the Superior Court after this Court vacated the
conviction from Oliveira’s first trial and the commencement of

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Entrada Company, LLC v. Charles E. Pressley, et al.

On February 21, 2006, Entrada Company, LLC, filed suit (“first suit”)
to obtain a right of passage across three tracts of land in Ouachita Parish.
Entrada asserted that it had no access to a public road from its property.
Entrada filed motions for summary judgment in May and November
of 2007; these were denied in November of 2008. The trial court noted in a
footnote that i

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Roskop Dairy v. GEA Farm Tech.

Roskop Dairy, L.L.C. (Roskop Dairy), owned by Michael Roskop (Roskop), is a commercial dairy operation. GEA Farm Technologies, Inc. (GEA), manufactures automated dairy equipment used in dairy systems. Midwest Livestock Systems, Inc. (Midwest), was an authorized dealer of GEA products. Roskop Dairy sued the defendants for damages allegedly stemming from the “Dematron 60 Air Detacher Package” (Demat

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Canonsburg General Hospital v. Sylvia Mathews Burwell

Through the Centers for Medicare and Medicaid Services (CMS), the Secretary provides for the reimbursement of the reasonable costs of healthcare services for Medicare beneficiaries. See 42 U.S.C. § 1395f(b)(1)(A). Two aspects of the reimbursement scheme are relevant here. The first is the system for managing the costs of reimbursement. Healthcare providers submit requests for reimbursement for

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Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i

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Yahna v. Altru Health System,

Lori Yahna appealed from a summary judgment dismissing her complaint against Altru Health System for age discrimination and for wrongful termination of employment. She asserts there are disputed issues of material fact on her claims that her termination constituted age discrimination and violated Altru's employment policies and procedures. We affirm. In 1984, Yahna began working for the Grand For

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Shawn Ronald Cowie v. Analisa Ramirez

Knoxville, TN - Shawn Ronald Cowie sued Analisa Ramirez, Joshua Miller, Music City Billiards, LLC d/b/a Buffalo's Billiards Parlor, Charles Manis, Nancy Manie, Carl W. Miller and Deborah J. Miller on auto negligence and respondeat superior theories.

The claims made and defenses asserted are not available. This case was removed to federal court based upon complete diversity of citizenship

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Gerald A. Lechliter v. Del. Department of Natural Resources, et al.

The Plaintiff here, Colonel Gerald A. Lechliter, is a resident of Lewes. His
home is situated on a quiet cul-de-sac, and his property abuts a parcel of land once
part of a planned, but never used, industrial park owned by the University of
Delaware. The land was acquired from the University by the State Department of
Natural Resources and Environmental Control (“DNREC”), and

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State of Oklahoma v. Miranda Lynn Hill, A/K/A Miranda Hoke

Tulsa, OK - The State of Oklahoma charged Miranda Lynn Hill with:

Count # 1. Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST), in violation of 47 O.S. 11-902 A 2
Date of Offense: 01/31/2014
Party Name Disposition Information
HILL, MIRANDA LYNN Disposed: DEFERRED, 06/02/2014. Nolo Contendere Plea
Count as Disposed: DUI ALCOHOL - SECOND OFFENSE (MU

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STATE OF LOUISIANA v. ALFRED SCOTT

Defendant was indicted for the second degree murder of Noah Stout committed on August 28, 2012, and
obstruction of justice committed by tampering with evidence of the murder.

After defendant was arrested on September 4, 2012, he admitted he stabbed
the victim but claimed he acted in self-defense.


As a trial date approached, defendant filed a motion in limine to <

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Bluestem Telephone Co. v. Kansas Corporation Comm'n

The Telecommunications Act of 1996 (1996 Act) was passed by Congress in order to further deregulate the telecommunications industry. 47 U.S.C. § 151 et seq. (2012); see Citizens' Utility Ratepayer Bd. v. Kansas Corporation Comm'n, 264 Kan. 363, 369, 956 P.2d 685 (1998). The 1996 Act was intended to serve the dual purposes of ensuring "universal service" to both low income consumers and consumers i

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SIEMENS ENERGY, INC. v. US

The Department of Commerce determined that the subject merchandise was sold in the United States at less than fair value and that it received countervailable subsidies, and the ITC made an affirmative determination of material injury to the domestic industry. The determination was by divided vote of the six-member Commission; the issues on appeal concern the interpretation and effect of the divid

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RAYTHEON COMPANY v. USA

In this bid protest, plaintiff Raytheon Company (“Raytheon”), the contract awardee, challenges both the statements made by a Government Accountability Office (“GAO”) attorney during an outcome prediction conference held in conjunction with protests lodged by defendantintervenors Lockheed Martin Corporation (“Lockheed”) and Northrop Grumman Systems Corporation (“Northrop”), and the decision of the

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AK Morlan
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