Res Ipsa Loquitur Law
 
Sutton v. Fedfirst Financial

On April 15, 2014, FedFirst and CB Financial announced that the two corporations
had executed a merger agreement that, if approved by the stockholders of a majority of the
outstanding shares of stock, would result in the merger of FedFirst and CB Financial.2 The
merger agreement provided that FedFirst shareholders would receive either $23.00 in cash
or 1.1590 shares of CB Fina

More...   $0 (11-09-2015 - MD)

United States America v. American Home Assurance Co

The facts described below have been taken from defendant’s statement of undisputed
material facts.2 See Def.’s Statement of Material Facts (ECF Dkt. No. 33-2) (“Def.’s
Statement”). Citation to the record is provided where a fact, although not admitted in the parties’
papers, is uncontroverted by record evidence.
“Importers must generally post security before [Customs] will r

More...   $0 (11-08-2015 - DC)

Mid Continent Nail Corp. v. United States

Plaintiff in this consolidated action is domestic nail producer Mid Continent Nail
Corporation (“MCN” or “Plaintiff”). Defendant-Intervenors Dubai Wire FZE and Itochu
Building Products Co., Inc. (collectively “Dubai Wire” or “DWE”) and Precision Fasteners, LLC (“Precision”) are producers of subject merchandise from the UAE.1 In the Court’s prior opinion, the Court upheld the aspects of

More...   $0 (11-07-2015 - NY)

Delaware Riverkeeper Network v Federal Energy Regulatory Commission

The Natural Gas Act grants FERC jurisdiction over the transportation and wholesale sale of natural gas in interstate commerce. 15 U.S.C. § 717(b)-(c). Any person seeking to construct or operate a facility for the transportation of natural gas in interstate commerce must first obtain a certificate of public convenience and necessity from the Commission. Id. § 717f(c)(1)(A). FERC is authorized to is

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U.S. Bank, N.A. v. David R. Tannenbaum

The Bank filed a residential foreclosure complaint against Tannenbaum on August 16, 2011.1 The Bank alleged that Tannenbaum executed a promissory note and a mortgage securing the note on certain property in Lisbon Falls in 2005;
that he defaulted on the note by failing to make monthly mortgage payments due
beginning October 1, 2010; and that, through a series of endorsements and
a

More...   $0 (11-06-2015 - ME)

Celeste C. Grynberg v. Kinder Morgan Energy Partners, L.P.

Celeste C. Grynberg—individually and as trustee on behalf of the Rachel Susan
Trust, Stephen Mark Trust, and Miriam Zela Trust—and Jack J. Grynberg petitioned the
federal district court to vacate an arbitration award that had been entered against them
and in favor of Kinder Morgan Energy Partners, L.P. (“KMEP”) and Kinder Morgan
CO2 Company, L.P. (“KMCO2,” and together with KMEP, “

More...   $0 (11-02-2015 - CO)

Jimmy Brown v. Urologic Specialists of Oklahoma, Inc. and Charles Pritchard, M.D.

Tulsa, OK - Jury finds in favor of Urologic Specialists of Oklahoma, Inc. and Charles Pritchard, M.D.

Jimmy Brown sued Urologic Specialists of Oklahoma, Inc. and Charles Pritchard, M.D. on medical negligence (medical malpractice) theories claiming:

1. Jimmy Brown, at all times relevant hereto, is an individual residing in Tulsa County, Oklahoma.
2. Defendant Charles Pritchard

More...   $0 (10-16-2015 - OK)

Ryan Maslen v. Smile Zone Pediatric Denistry, P.C., Robert Brian Molloy, D.D.s., d/b/a Smile Zone Pediatric Dentistry, P.C., Hyung Phil Jun, D.D.S., and Cherry David Blevins, C.R.N.A.

Oklahoma City, OK - Dental group settles medical negligence claims

Ryan Maslen, a minor, by and through his Mother, Guardian and Next Friend, Cynthia Darlene Merril, a/k/a Laslen; and Cynthia Darlene Merrill, individual sued Smile Zone Pediatric Denistry, P.C., Robert Brian Molloy, D.D.s., d/b/a Smile Zone Pediatric Dentistry, P.C., Hyung Phil Jun, D.D.S., and Cherry David Blevins, C.R.N.

More...   $1 (10-22-2015 - OK)

Keller v. State of North Dakota

In 2003, a jury found Keller guilty of conspiracy to commit murder, attempted murder, and reckless endangerment. On February 20, 2004, the district court sentenced Keller to twenty years in prison on each count for the conspiracy to commit murder and the attempted murder convictions to run concurrently and, thereafter, to five years in prison for the reckless endangerment conviction. Keller appeal

More...   $0 (10-31-2015 - ND)

Border Resources, LLC v. Irish Oil & Gas, Inc.,

[¶2] Irish Oil is an oil and gas exploration, production, and brokerage company. Border provides landman services to clients, including acquiring leases, performing due diligence, and providing title curative work. This case involves Border's claim against Irish Oil for breach of contract for landman services Border provided to Irish Oil and Irish Oil's counterclaim against Border for breach of fi

More...   $0 (10-31-2015 - ND)

Lora v. Shanahan

In 1996, with the passage of the Illegal Immigration Reform3 and Immigrant Responsibility Act (“IIRIRA”), Congress significantly4 expanded the categories of non‐citizens subject to mandatory5 detention pending their removal proceedings.4  Under section6 1226(c) of the revised INA, the Department of Homeland Security7 (“DHS”) is required to detain aliens who have committed certain8 crimes “wh

More...   $0 (10-28-2015 - NY)

Summers v. Financial Freedom

The relevant facts are, for all intents and purposes,
undisputed. On November 4, 1977, the decedent and Charlotte T.
Albeitsam took title as joint tenants with rights of survivorship
to residential property at 11 Sundance Street, Warwick, Rhode
Island (the Property). Following Albeitsam's death, the decedent
entered into a reverse mortgage with Financial Freedom Senior <

More...   $0 (10-28-2015 - RI)

Johnston v. State

The issue presented on this appeal is whether Dale Johnston can prosecute a second claim for wrongful imprisonment based on the 2003 amendment to R.C. 2743.48. {¶ 2} The undisputed facts reveal that a panel of three judges found Johnston guilty of two counts of aggravated murder involving the deaths of his stepdaughter, Margaret Annette Cooper, a.k.a. Margaret Annette Johnston, and her fiancé, Tod

More...   $0 (10-28-2015 - OH)

Kleen Energy Systems, LLC v. Commissioner of Energy & Environmental Protection

The issue in this appeal is whether the defendant, the Commissioner of Energy and Environmental Protection, acting through the Public Utilities Regulatory Authority (authority),1 had jurisdiction to resolve a dispute between the parties to a contract relatingtotheprovisionofelectricalcapacity.Pursuant toGeneralStatutes§ 16-243m,2 theauthorityconducted a proceeding to develop a form contract betwee

More...   $0 (10-28-2015 - )

City of Shavano Park v. Ard Mor, Inc., Texas Ardmor Properties, L.P., and Texas Ardmor Management, LLC

This is an appeal from the trial court’s denial of appellant’s plea to the jurisdiction. In an opinion and judgment dated July 29, 2015, we affirmed in part, reversed and rendered a dismissal in favor of appellant in part, and remanded for further proceedings. On August 13, 2015, appellant filed a motion for rehearing. Although we deny the motion for rehearing, we withdraw our opinion and judgment

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Valerie Mayes and Thomas Shaw v. John Theodore Woolman aka John T. Woolman, aka John Woolman

Tulsa, OK - Personal injury lawyer represented Plaintiff, who sued Defendant on an auto negligence theory claiming:

Plaintiff alleges and states as follows:
1. Plaintiffs were at all material times a resident of Tulsa County, Oklahoma.
2. Defendant JOHN THEODORE WOOLMAN, a/k/a JOHN T. WOOLMAN, a/k/a JOHN WOOLMAN, a/k/a TED WOOLMAN was at all material times upon information and bel

More...   $1 (09-04-2015 - ok)

Amy Campbell v. Alexander Eugene Herrmann, aka Alexander E. Herrman, aka Alexander Herrman, aka Alex Herrman

Tulsa, OK - Amy Campbell sued Alexander Eugene Herrmann, aka Alexander E. Herrman, aka Alexander Herrman, aka Alex Herrman on an auto negligence theory claiming:

Plaintiff alleges and states as follows:
1. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant Herrmann was at all material times upon information and belief a resident of Tulsa County,

More...   $1 (09-10-2015 - OK)

Donald Ackenhausen v. Ernest Soto, Tamara Lynn Branson Soto, aka Tamara L. Branson Soto, aka Tamara Branson Soto

Tulsa, OK - Personal injury lawyer represented Plaintiff, who sued Defenant on auto negligence theories claiming:

Plaintiffs allege and state:
1. Plaintiffs Donald, Nathan and Nolan Ackenhausen were at all material times residents of Tulsa County, Oklahoma.
2. Defendants Ernest Soto and Tamara Branson-Soto were at all material times upon information and belief residents of Tulsa C

More...   $2300 (09-22-2015 - ok)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

In 2007, MHC applied for a permit with ACE to fill wetlands in the roadbed of a
proposed connector road in the Turkey Creek Watershed near Gulfport. MHC planned to use
wetland mitigation bank credits to offset the loss of wetland in the roadbed, but the
Mississippi Department of Environmental Quality (MDEQ), ACE, and the Environmental
Protection Agency (EPA) took issue with that s

More...   $0 (10-28-2015 - MS)

State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He also ha

More...   $0 (10-28-2015 - MD)

State of Oklahoma v. Jerome Deonta Gray

Tulsa, OK - The State of Oklahoma charged Jerome Deonta Gray with:


Count # 1. Count as Filed: ODO, POSSESSION OF CDS WITH INTENT WIHTIN 1000FT SCHOOL/ PARK/ PUBLIC HOUSING/ MINOR, in violation of 63 O.S. 2-401 F
Date of Offense: 01/31/2014
Party Name Disposition Information
GRAY, JEROME DEONTA Disposed: CONVICTION, 04/23/2014. Guilty Plea
Count as Disposed: MARIJ

More...   $0 (04-23-2014 - OK)

State of Oklahoma v. Jack Alan Campbell JR

Tulsa, OK - The State of Oklahoma charged Jack Alan Campbell JR with:

Count # 1. Count as Filed: ABDOM, DOMESTIC ASSAULT & BATTERY BY STRANGULATION, in violation of 21 O.S. 644 J
Date of Offense: 01/30/2014
Party Name Disposition Information
CAMPBELL, JACK ALAN JR Disposed: DISMISSED, 03/28/2014. Dismissed- Prosecution Witness Failed to Appear
Count as Disposed: DOMES

More...   $0 (03-28-2014 - OK)

Ward Gulfport Properties, L.P., and T. Jerard Gulfport, LLC v. Mississippi State Highway Commission

When the Mississippi State Highway Commission (MHC) sought a permit from the
Army Corps of Engineers (ACE) to fill wetlands in the roadbed of a proposed limited-access
road, it pledged approximately 1,300 acres of Ward Gulfport Properties, L.P.’s and T. Jerard
Gulfport, L.L.C.’s (“Ward,” collectively) property as wetlands mitigation. ACE issued the
permit to MHC in 2009. Ward filed

More...   $0 (10-24-2015 - MS)

Michael Bandler, MB&Co, Ltd. a/k/a Michael Bandler & Company v. Cohen Rosenthal & Kramer, LLP

Plaintiffs Michael Bandler and MB&Co, Ltd. (“corporation”)
bring an interlocutory appeal from the trial court’s ruling that Bandler, a nonattorney, may not
represent corporation in this case. He argues that the trial court violated his due-process rights
by ruling on the basis of the parties’ respective written submissions on the issue of representation
without giving him pri

More...   $0 (10-24-2015 - VT)

Arn H. Pearson v. Mary Lou Wendell

In this high-conflict case, Arn H. Pearson appeals from a judgment of
divorce from Mary Lou Wendell issued by the District Court (Portland, Eggert, J.).
Pearson argues that the court erred by (1) awarding Wendell sole parental rights
and responsibilities affecting the parties’ three minor children; (2) failing to
properly apply statutory factors, see 19-A M.R.S. § 951-A(5) (20

More...   $0 (10-22-2015 - ME)

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