Res Ipsa Loquitur Law
 
Jerry Bohannon v. State Of Alabama

The appellant, Jerry Bohannon, appeals his convictions for two counts of murder defined as capital by § 13A-5-40(a)(10), Ala. Code 1975, because Anthony Harvey and Jerry DuBoise were murdered by one act or pursuant to one scheme or

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course of conduct. The jury recommended, by a vote of 11 to 1, that Bohannon be sentenced to death. The circuit court followed the jury's rec

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State Of Ohio v. Dean

Jason Dean was found guilty of all charged offenses and was sentenced to death for the aggravated murder of Titus Arnold and the attempted murder of six other people. On direct appeal, we reversed Dean's convictions, vacated the death sentence, and remanded the case for a new trial. See State v. Dean, 127 Ohio St.3d 140, 2010-Ohio-5070, 937 N.E.2d 97. In this direct appeal of Dean's convictions u

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Poppe v. Stockert

Undisputed evidence shows the Poppes rented a house from Hillis for five years, until February 4, 2013 when Hillis served them with an eviction notice for unpaid rent. The district court ordered the Poppes to vacate the property by February 20 at 12:00 p.m. and entered a money judgment against them for $1,544 for past due rent. The Poppes requested and received permission from Hillis to remain on

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Canal Insurance Company v. Montello, Inc.

In this appeal arising out of a declaratory judgment action,
Defendant/Third-Party Plaintiff/Appellant Montello, Inc. appeals from a final
judgment in favor of various insurers including Plaintiff-Appellee Canal
Insurance Co., Third-Party Defendants/Appellees Continental Casualty Co.,
Houston General Insurance Co., and Scottsdale Insurance Co. Our jurisdiction
arises under 28 U

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ESTES EXPRESS LINES v. USA

This matter involves a long-standing dispute over unpaid freight charges. On October 31, 2007, the Marine Corps Community Services (“MCCS”) awarded contract number H0107-D0005 to Salem Logistics, Inc. (“Salem”), a freight broker. Estes Express Lines v. United States, 739 F.3d 689, 691 (Fed. Cir. 2014). Pursuant to that contract, Salem provided MCCS with certain transportation and freight manage

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Salvador Reza v. Russell Pearce

The panel has voted to deny the petition for panel
rehearing. Judges Smith and Watford voted to deny the
petition for rehearing en banc, and Judge Wallace so
recommends. The full court has been advised of the petition
for rehearing en banc, and no judge of the court has requested
a vote on en banc rehearing. See Fed. R. App. P. 35(f). The
petition for panel rehearing and th

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State Of Kansas v. John E. Robinson, Sr.

1.
A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se

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United States of America v. Dental Care Associates of Spokane Valley

The United States filed its First Amended Complaint in this action on June
16, 2015, seeking a permanent injunction against Defendants that would require
them to adhere to federal tax laws by timely filing employment tax returns, timely
paying the Internal Revenue Service (IRS) federal employment taxes, and not
assigning or transferring any property until Defendants pay the tax

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Central Woodwork, Inc. v. Cheyenne Johnson, Shelby County Assessor of Property

Appellee, Central Woodwork, Inc. (“Central Woodwork”), is a business formed under the laws of Tennessee and located in Shelby County, Tennessee. Central Woodwork sells doors, doorframes, hinges, casings, moldings, and other related items. A portion of Central Woodwork‟s business involves the sale of individual door parts, while the remaining portion involves the assembly of those parts int

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State Of Kansas v. Dern

The Court of Appeals aptly summarized the case facts, which were incorporated by reference into Dern's petition for review to this court. The panel found: "Justin and Jami Dern had been married for 12 years when the alleged incidents occurred. They had three children together—a 7-year-old boy and 3-year-old twin girls, C.D. and F.D. In late June 2010, C.D. told Jami that she had seen 'daddy's peep

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State of Oklahoma v. George Washington Robinson

Tulsa, OK - The State of Oklahoma charged George Washington Robinson with:

Count # 1. Count as Filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645
Date of Offense: 02/12/2014
Party Name Disposition Information
ROBINSON, GEORGE WASHINGTON Disposed: DISMISSED, 09/22/2015. Dismissed- Request of the State
Count as Disposed: ASSAULT WITH A DANGEROUS

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North Fork Land & Cattle, Lllp v. First American Title Insurance Company

Between 1983 and 1999, Ronald and Carol Hansen purchased five separate properties and combined them to form a ranch in Fremont County, Wyoming. The Hansens held title to four of the properties as husband and wife. They obtained title insurance on the properties from First American and were named personally as insureds. Mr. Hansen held title to the other parcel as trustee of his revocable trust

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Broom v. Wilson Paving & Excavating, Inc.

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R

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JIMENEZ et al v. R & D MASONRY, INC. et al

According to the facts presented in the Amended Complaint, which must at this stage be
presumed true, Plaintiffs Jimenez, Garcia, and Abarca began working as masons for Defendants
in February 2015, approximately 2011, and approximately 2010, respectively. See Am. Compl.,
¶¶ 20-22. Jimenez worked on job sites in the District of Columbia for approximately 10% of his
time, Garci

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STATE Of South Dakota v. THOMASON

In 2014, this Court vacated Kenneth Dale Thomason Jr.’s (Ken)
conviction of aggravated theft by deception. State v. Thomason, 2014 S.D. 18, 845
N.W.2d 640. We held that the State failed to prove all the elements of the offense.
Id. ¶ 30. After we vacated his conviction, the State charged Ken with two counts of
forgery in violation of SDCL 22-39-36 and SDCL 22-3-3 (aid and a

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State of Oklahoma v. Brandon Darnell Frazier

Tulsa, OK - The State of Oklahoma charged Brandon Darnell Frazier with:

Count # 1. Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER, in violation of 21 O.S. 649
Date of Offense: 02/09/2014
Party Name Disposition Information
FRAZIER, BRANDON DARNELL Disposed: CONVICTION, 05/19/2014. Guilty Plea
Count as Disposed: ASSAULT & BATTERY UPON A POLICE OFFICER(A

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BOMBARDIER, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

When someone believes that he or she has been discharged or otherwise discriminated
against in violation of § 42121(a), the person has ninety days from the date of discharge or
discrimination to file a complaint with the Secretary of Labor. Id. § 42121(b)(1); 29 C.F.R.
§ 1979.103(d). Department of Labor regulations oblige the complainant to file the complaint
with the Occupatio

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Duffey v. Twentieth Century Fox Film Corp.

Duffey alleges the following background facts in the operative complaint. The court
accepts these facts as true for the purposes of this motion. Michael Coppel Promotions Pty. Ltd.
v. Michael Bolton, 982 F. Supp. 950, 953 (S.D.N.Y. 1997). This summary of the facts also
references two contracts and the Box of Flair itself, all of which are integral to the operative complaint.1 <

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Amarin Pharma Inc. v. U.S. FDA

Amarin is a biopharmaceutical company incorporated in Delaware and based in New
Jersey. Compl. ¶ 24. It and four medical doctors resident in New York2 (collectively, “Amarin”)
bring this suit against the FDA, two officials with responsibility over the FDA (Dr. Stephen
Ostroff and Sylvia Matthews Burwell), and the United States (collectively, the “FDA”).3 The
FDA is the federa

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Tyson Foods, Inc. v. Bouaphakeo

Plaintiffs Dale Sharp, et al., filed a "Class Action and Representative Action Complaint" against Defendant Tyson Foods, Inc., on February 6, 2007. Dkt. # 2. Plaintiffs bring two claims against Tyson: (1) a class action under Federal Rule of Civil Procedure 23 for Tyson's alleged violations of the Iowa Wage Payment Collection Law (IWPCL), and (2) a collective action under 29 U.S.C. § 216(b) for Ty

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Chuc Nguyen, et al v. American Commercial Lines, L.L.C.,

On July 23, 2008, a collision occurred on the Mississippi River in the Port of New Orleans between the M/V TINTOMARA and Barge DM-932, causing oil to discharge from the barge into the river. See Gabarick v. Laurin Mar. (Am.) Inc., 753 F.3d 550, 551–52 (5th Cir. 2014) (discussing the same oil spill at issue in this case). Following the discharge, the oil traveled downriver and entered various bod

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John Leonard Markl and Debra Kay Markl v. Ethel Maudette Leake

In a single issue in this interlocutory appeal, husband and wife John Leonard Markl (John) and Debra Kay Markl (Debra)2 contend the trial court erred by denying their request for a temporary injunction.3 We affirm the trial court’s order denying a temporary injunction.
Background
John and Debra brought suit against Ethel Maudette Leake, alleging causes of action for breach of fiduciary dut

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STATE OF OKLAHOMA v. MICHAEL LYN TINNSLEY, A/K/A MICHAEL CARTER

TULSA, OK - THE STATE OF OKLAHOMA charged MICHAEL LYN TINNSLEY with:


Count # 1. Count as Filed: ABDGR, ASSAULT & BATTERY WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645
Date of Offense: 02/08/2014
Party Name Disposition Information
TINNSLEY, MICHAEL LYN


Count # 2. Count as Filed: ABDGR, ASSAULT & BATTERY WITH A DANGEROUS WEAPON, in violation of

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Kreyhsig v. Montes

Son was born on January 6, 2009, and Mother (who has never been married to
Father) named him “Kaio Henrique Stockmann Kreyhsig.” Father does not dispute
paternity, but the parties do dispute the extent to which Mother has included Father in Son’s
upbringing. Mother alleges that Father “took no part” in Son’s life for a year after he was
born. Father claims that Mother did not t

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State Of Kansas v. Robinson

A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers seven fac

More...   $0 (11-09-2015 - KS)

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