Res Ipsa Loquitur Law
 
Gray, Ritter & Graham, PC; Wolf Haldenstein Adler Freeman & Herz, LLC; Neblett Beard & Arsenault, LLP; Don M. Downing; and Adam J. Levitt v. Goldman Phipps PLLC f/k/a Goldman Pennebaker & Phipps, PC; Mikal C. Watts, PC; and Murray Law Firm

Appellants, Gray, Ritter & Graham, P.C. (“GRG”), Wolf Haldenstein Adler Freeman
& Herz LLC (“WHAFH”), Neblett Beard & Arsenault LLP (“NBA”), Don M. Downing, and
Adam J. Levitt, appeal the trial court’s denial of their special appearances. Appellants
served as leadership counsel representing the plaintiffs in multidistrict litigation in federal
court against Bayer CropScience L.P. a

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Joyce Janette Riddle v. City of Abilene

Joyce Janette Riddle1 appeals the order of the trial court in which the trial
court granted the City of Abilene’s plea to the jurisdiction on her premises defect
claim against the City. Riddle argues, in her sole issue, that the trial court erred
when it granted the plea to the jurisdiction because she raised a question of material
1Donald Wayne Riddle provided an affidavit in this

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STATE OF OKLAHOMA v. MARCUS DUPREE SMITH and KAMAU JAHI WILLIAMS, A/K/A KAMA JAHI WILLIAMS, A/K/A KAMU JAHI WILLIAMS

Tulsa,OK - The STATE OF OKLAHOMA charged MARCUS DUPREE SMITH and KAMAU JAHI WILLIAMS with:

Count # 1. Count as Filed: DU8TCB1, TRAFFICKING IN ILLEGAL DRUGS, in violation of 63 O.S. 2-415
Date of Offense: 01/17/2014
Party Name Disposition Information
WILLIAMS, KAMAU JAHI Disposed: DISMISSED, 03/27/2015. Dismissed- Request of the State
Count as Disposed: TRAFFICKING IN

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Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over
900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three
depositions. The following facts were proven by a preponderance of the evidence.
Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, as

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L. Linda Mays v. The Marshall University Board of Governors

Petitioner and plaintiff below (L. Linda Mays) by counsel, Jeffrey V. Mehalic, appeals two orders entered in the Circuit Court of Cabell County.1 In one order, dated May 23, 2014, the circuit court granted summary judgment in favor of respondent and defendant below (The Marshall University Board of Governors) on petitioner’s claim for negligent infliction of emotional distress.2 In its other order

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Bank of America, N.A. v. Diamond Financial, LLC

We review the relevant undisputed facts.
Milton J. Miranda and Solange D. Miranda purchased a property in
Shrewsbury on July 31, 2002. The purchase was financed for the
most part with a mortgage loan from Moneyone Corporation. On
August 24, 2004, the Mirandas refinanced with a $336,150
mortgage loan from Argent Mortgage Company, LLC (Argent).3 This
mortgage was r

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Del Grosso v. Surface Transportation Board

Diana del Grosso, et al. petitioners") petitioned the Surface Transportation Board
("Board") for a declaratory order that state and local regulations
of a facility owned by Grafton & Upton Railroad Company ("G&U")
were not preempted by the Interstate Commerce Commission
Termination Act ("ICCTA"), Pub L. No. 104-88, 109 Stat. 803. The
Board held that state and local regulations

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SASCHA NATIKA STALEY vs. TYLAND ANTONIO SIMMONS

Appeal from the Iowa District Court for Dallas County, Paul R. Huscher,
Judge. Staley began a relationship with Simmons and became pregnant with his
child in Indiana. She moved to her native Alaska, and the child was born in
Alaska in 2003. The couple reconciled, and Staley moved back to Indiana with
the child. Soon Staley left Simmons again; she and the child moved to Iowa.

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Helicopter, Inc. v. National Transportation Safety Broad

Helicopters, Inc., filed a petition for review
asking this court to order the National Transportation Safety
Board to rescind or withhold reports on a crash involving a
helicopter operated by the company. We conclude that the
Board’s reports are not final orders subject to our review, and
thus we dismiss the petition for lack of jurisdiction.
2 No. 15-3028
I
In Marc

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JACOB HACKMAN vs. NEW HAMPTON MUNICIPAL LIGHT PLANT

Appeal from the Iowa District Court for Chickasaw County, Margaret
Lingreen, Judge. Hackman was hired by the Plant in June 2008 as an operator. He
understood he was to be trained as a lineman as well to enable him to perform
additional tasks in the course of his employment. Hackman and his coworker,
David Hauser, reported to Gregory Heying, another operator. Brian Geschke

More...   $15773 (10-17-2015 - IA)

Anderson v. Mandalay Corp.

NRS 41.745(1)(c) makes employers vicariously liable for
employees' intentional torts if a plaintiff can show the intentional conduct
was "reasonably foreseeable under the facts and circumstances of the case
considering the nature and scope of [the employee's] employment." Here,
we are asked to determine whether it was reasonably foreseeable that an
employee would rape a hotel g

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Siebken v. Voderberg

This matter has been before this Court on a previous occasion. Siebken v.
Voderberg, 2012 MT 291, 367 Mont. 344, 291 P.3d 572 (hereinafter Siebken I). In
Siebken I, this Court reversed the District Court’s conclusion on summary judgment that
the statute of limitationsbarred the action. On remand, the primary factual dispute at trial
was when the three-year statute of limitat

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Osguthorpe v. ASC et al,

The Osguthorpes have asserted that ASC stands in breach of contract. Their claims arise out of ASC‘s management of the land in question. In challenging ASC‘s actions, the Osguthorpes asserted claims for breach of the covenant of good faith and fair dealing, for injunctive relief, and for equitable rescission or reformation of the agreement between ASC and the Osguthorpes. The first claim was resol

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Tamara Ciaramitaro v. UNUM Life Insurance Co.

Having reached a favorable outcome in an ERISA
case against defendant Unum, plaintiff Tamara Ciaramitaro sought both the award of a penalty
for failing to timely provide her with pertinent plan information and an award of attorney’s fees,
as provided for in the statute. The district court awarded Ms. Ciaramitaro partial attorney’s fees
and declined to award her penalties; on appeal

More...   $0 (10-13-2015 - MI)

Paul M. Lang and Allison M. Boyer, vs. Dr. Patrick Goldsworthy, et al

Family members (Plaintiffs) filed a wrongful death action alleging that the
negligent chiropractic services of Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, and
Patrick L. Goldsworthy (Defendants) caused the death of Michael Lang, their relative.
Plaintiffs timely filed an affidavit stating that they obtained the written opinion of a
qualified health care provider in support

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Lake Environmental, Inc. v. Arnold

In 2008, the Department of Public Health issued an emergency stop work order to Lake Environmental based on alleged violations of the Department’s regulations committed during an asbestos cleanup job at Scott Air Force Base. The Department also removed Lake Environmental’s name from the list of state-approved asbestos abatement contractors. Several months later, the Department dismissed the stop w

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World Wide Supply OU v. Quail Cruises Ship Management, et al

This appeal has a complicated background, involving multiple lawsuits in
federal district courts, Florida state court, and a Spanish bankruptcy court. The
common denominator of these suits is Quail Cruises Ship Management (“Quail”),
from which multiple parties, including participants in this appeal, have tried to
collect money that they believe Quail owes them.
contract w

More...   $0 (10-12-2015 - FL)

Perez-Carrera v. Stancil

After pleading guilty to bank robbery, gun, and other federal charges, Jose
Perez-Carrera unsuccessfully pursued many different collateral challenges to his
sentence over the course of many years. All these efforts took place in the First
Circuit where his plea was received. See Perez-Carrera v. United States, No. 12
1716, 2014 WL 68794 (D.P.R. Jan. 8, 2014) (summarizing the proc

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Bikram's Yoga College of India, LP v. Evolation Yoga, LLC

Court decides whether a sequence of twenty-six yoga poses and two breathing exercises developed by Bikram Choudhury and described in his 1979 book, Bikram’s Beginning Yoga Class, is entitled to copyright protection.

We must decide whether a sequence of twenty-six yoga poses and two breathing exercises developed by Bikram Choudhury and described in his 1979 book, Bikram’s Beginning Yoga Cl

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Whisenant v. Sheridan Production Company

Tony R. Whisenant filed a class action in state court alleging that
Sheridan Production Company, LLC (Sheridan) failed to pay or underpaid royalties
for natural gas wells it operated in Beaver County, Oklahoma. Sheridan removed the
suit to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.
§ 1332(d), and the district court denied Mr. Whisenant’s motion

More...   $0 (10-12-2015 - OK)

DeMarco Deon Williams v. City of Tulsa

Plaintiff DeMarco Deon Williams appeals from two district court orders that together dismissed all claims asserted against defendants City of Tulsa and Tulsa Police Chief Ron Palmer arising out of alleged misconduct by Tulsa Police Officers. The case is therefore submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res j

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David Herr v. U.S. Forest Service

David and Pamela Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it. That plan was dashed when the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a National Wilderness Area. The Herrs responded with this lawsuit,

More...   $0 (10-11-2015 - MI)

Asse International, Inc. v. John F. Kerry

Congress created the Exchange Visitor Program (EVP) to allow foreign nationals to participate in temporary cultural and educational exchange programs in the United States. The Department of State administers the EVP, with the assistance of various third-party program sponsors. This case arises out of sanctions that the Department imposed against one of these sponsors, ASSE International (ASSE), fo

More...   $0 (10-11-2015 - CA)

KACHINA PIPELINE COMPANY, INC. v. MICHAEL D. LILLIS

Kachina Pipeline Company, Inc., owns and operates a natural-gas gathering system and
pipeline. It purchases gas from several producers and transports it for resale to Davis Gas Processing
at one of Davis’s processing plants. Michael Lillis is one of those producers, and he has sold gas
from his wells to Kachina since at least 2001. In 2003, Kachina installed the Barker Central
Comp

More...   $0 (10-09-2015 - TX)

Joseph E. McClain III v. Dell, Inc., Seaton Corp. d/b/a Staff Management

Joseph E. McClain III, proceeding pro se and in forma pauperis, filed this appeal from the trial court’s order granting the motion of Dell, Inc., Seaton Corp. d/b/a Staff Management (hereafter Dell) for sanctions, a declaration that McClain is a vexatious litigant, dismissing McClain’s fourth suit against Dell, and ordering him to pay Dell $4,000 in attorney’s fees. The case was originally appeale

More...   $0 (09-24-2015 - TX)

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