Res Ipsa Loquitur Law
 
Ron D. GLICK, Plaintiff–Appellant, v. Dave EDWARDS, Defendant–Appellee.

OPINION
An old fable tells tale of a Pope, who, convinced of his own grave sin, called on his cardinals to judge him. “No, Your Holiness!” they replied. “We cannot sit in judgment over you. You must be your own judge.” And so, faced with the necessity his soul be judged, the Pope judged himself. He confessed his sin and abdicated the Holy See. He is now commemorated as a saint.
This ancien

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Kevin Chorazyczewski v. Costco Wholesale Corporation

Plaintiff Kevin Chorazyczewski filed this suit against Defendant
Costco Wholesale Corporation (“Costco”) alleging one count of assault and battery and one
count of negligence arising out of a Costco employee’s apprehension of Plaintiff as he attempted
to leave the Bloomfield Hills, Michigan Costco store with merchandise he intended to steal. The
district court granted summary judgm

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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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XOG Operating, LLC and Geronimo Holding Corporation v. Chesapeake Exploration Limited Partnership and Chesapeake Exploration, LLC

This is an oil and gas “retained acreage” dispute concerning the amount of acreage, if any, reverting to the assignors upon the expiration of the primary term of an assignment of four oil and gas leases. Appellants, XOG Operating, LLC and Geronimo Holding Corporation (collectively “XOG”), brought this trespass to try title suit against
2
Appellees, Chesapeake Exploration Limited Partnershi

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Wagner Interior Supply of Wichita, Inc. v. Dynamic Drywall, Inc

The underlying facts are undisputed and uncomplicated. In September of 2012, Wichita Hospitality Group, LLC entered into an agreement with Puetz Corporation ("Puetz") for Puetz, as general contractor, to design and construct a Holiday Inn Express & Suites Hotel ("the Hotel") in Wichita, Kansas. Puetz subcontracted a portion of the work to Dynamic Drywall, Inc. ("Dynamic"), and paid Dynamic $271,2

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Hartley v. Consolidated Glass Holdings, Inc

To understand the arguments that have been raised in this case, it is easier
first to describe what HFA is not, rather than what it is. HFA is not a recorded
subdivision in Sussex County. There is no plot plan, recorded or otherwise,
showing the numbered lots within HFA. Instead, HFA consists of several parcels
of land along a private road near Bridgeville.1 These parcels w

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Garnet O'Marrow and Clarence Gardner v. Dean P. Roles, Jr., d/b/a D&M Training

To understand the arguments that have been raised in this case, it is easier
first to describe what HFA is not, rather than what it is. HFA is not a recorded
subdivision in Sussex County. There is no plot plan, recorded or otherwise,
showing the numbered lots within HFA. Instead, HFA consists of several parcels
of land along a private road near Bridgeville.1 These parcels w

More...   $0 (10-04-2015 - DE)

State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u

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EDDIE HOFFMAN v. 21ST CENTURY NORTH AMERICA INSURANCE COMPANY AND CAROLYN ELZY

Eddie Hoffman was injured in October 2010, when his vehicle was rear
ended by a vehicle driven by Carolyn Elzy. The accident occurred at or near the
intersection of Old Hammond Highway and Sharp Road in Baton Rouge,
Louisiana. Mr. Hoffman filed suit against Ms. Elzy and her insurer, 21st Century
North America Insurance Company (“Century”), for damages allegedly resulting

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World Wide Supply OU v. Quail Cruises Ship Management f/k/a Happy Cruises, S.A.

This appeal concerns an attachment of property made pursuant to Supplemental Admiralty Rule B. The money at issue arose from the legal settlement of a dispute over the purchase of a cruise ship featured on ABC Television Network’s long-running series, The Love Boat. The plaintiff below, and appellant here, has advanced a novel interpretation of Rule B. The district court was unpersuaded, as are we

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Jean Best v. Brianna Best

This case concerns a dispute regarding who is entitled to the proceeds of a retirement annuity contract. Kevin Best, the father of Brianna Best and ex-husband of Jean Best,1 made contributions to employer-sponsored retirement accounts administered by the Variable Annuity and Life Insurance Company (“VALIC”). Approximately three years after Kevin executed the beneficiary designation on his retir

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State of Oklahoma v. Corey Dave Fore

Tulsa, OK - The State of Oklahoma charged Corey Dave Fore with:

Count # 1. Count as Filed: CHSA, SEXUAL ABUSE - CHILD UNDER 12, in violation of 21 O.S. 843.5 (F)
Date of Offense: 03/21/2013

Count # 2. Count as Filed: CHSA, SEXUAL ABUSE - CHILD UNDER 12, in violation of 21 O.S. 843.5 F
Date of Offense: 03/21/2013

Count # 3. Count as Filed: LEWD, LEWD MOLESTA

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Shukri Sakkab v. Luxottica Retail North America, Inc.

This appeal presents issues of first impression regarding
the scope of Federal Arbitration Act (FAA) preemption,
9 U.S.C. § 2 et seq., and the meaning of the Supreme Court’s
decision in AT&T Mobility LLC v. Concepcion, 131 S. Ct.
1740 (2011). We must decide whether the FAA preempts the
California rule announced in Iskanian v. CLS Transportation
Los Angeles, LLC, 59 Cal. 4th

More...   $0 (09-28-2015 - CA)

In the Matter of Tower Park Properties, LLC

The Bankruptcy Code confers a “right to be heard” with
respect to “any issue in a case under [Chapter 11]” on any
“party in interest.” 11 U.S.C. § 1109(b). We have previously
held that party-in-interest status is a necessary prerequisite to
bankruptcy standing. In re Thorpe Insulation Co., 677 F.3d
869, 884 (9th Cir. 2012). In this case, we consider whether
a beneficiary of

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Campos v. Coleman

The named plaintiff, Gregoria Campos, in her individual capacity and in her capacity as administratrix of the estate of her late husband, Jose Mauricio Campos (decedent), and the Campos’ three children, Mauricio Campos, Jose Ernesto Campos and Jose Eduardo Campos(Campos children),brought this action against the defendants, Robert E. Coleman and LQ Management, LLC (LQ Management).2 The plaintiffs a

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Jerry Hudgeons v. Darrell Hallmark

The primary issues we address in this summary judgment appeal are (1) whether Appellant Jerry Hudgeons, Individually and in his capacity as stockholders’ representative for the former stockholders of Total Electrical Service & Supply Co. (TESSCO), possesses standing to pursue the counterclaims he asserted against Appellee Darrell Hallmark, and (2) whether the trial court erroneously granted declar

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Suvi Orr v. The University of Texas at Austin

After the University of Texas at Austin revoked her Doctor of Philosophy degree,
Suvi Orr sued the University of Texas at Austin and Gregory L. Fenves, Judith Langlois, and
Shelby Stanfield, in their official capacities (collectively UT), challenging UT’s investigation and
decision-making process and alleging that UT had violated her due course of law rights. See Tex.
Const. art. I

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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

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In the interest of S.F., a child

This is an appeal from an order terminating the parental rights of S.F.’s mother
and father. Both parents appeal. We reverse and remand.
Issues Presented
In their first issue, the parents challenge the legal and factual sufficiency of
the evidence to support the trial court’s finding that the circumstances of the child or
parent had materially and substantially changed since th

More...   $0 (09-10-2015 - TX)

Cty. of Westchester v. U.S. Dep’t of Hous. & Urban Dev.

For  nearly  a  decade,  plaintiff‐appellant  the County of Westchester (the “County” or “Westchester”) has been engaged in  litigation with the United States Department of Housing and Urban  Development  (“HUD”  or  “the  Government”)  over  whether  the  County  has  adequately  analyzed—in  its  applications  for  HUD  funds—impediments  to  fair  housing  within  the  County’s  jurisdic

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Merriam Farm, Inc. v. Town of Surry

The trial court found, or the record supports, the following facts. The petitioner owns an unimproved parcel of land in Surry with frontage on a Class VI road. The property is approximately 1,000 feet from a Class V road. Under
the Town’s zoning ordinance, to build on its property, the petitioner must establish that the property has at least 200 feet of frontage on a public street, which is

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Perry Krinitt v. Dept of Fish and Game

This lawsuit arose out of a fatal helicopter crash that occurred on August 31, 2010, in Kamiah, Idaho. The Idaho Department of Fish and Game (Department) had contracted with Leading Edge Aviation, LLC, to fly two Department employees from Clarkston, Washington, to the Selway River in Idaho in order to collect data on salmon spawning. The pilot of the helicopter was Perry J. Krinitt, Jr., the son

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Myers v. State Board of Equalization et al.

Plaintiff Michael Myers filed this action against the State Board of Equalization (BOE), the State Insurance Commissioner, and the State Controller (collectively, the State Defendants), to compel the State Defendants to assess and collect the gross premium tax from Real Parties. Plaintiff alleges Real Parties are among the largest health “insurers” in this state by virtue of the significant premi

More...   $0 (09-26-2015 - )

Angelina Trailov and Mary Kenick v. Allstate Insurance Company and Kathy Berry

Bethel, AK - Angelina Trailov and Mary Kenick sued Allstate Insurance Company and Kathy Berry on bad faith breach of contract theories claiming that the defendants improperly handled Plaintiffs' claims.

Trailov was 15-years-old at the time of the accident. She suffered a skull fracture, a punctured lung and other permanent injuries.

Court Docket Entries:

12/13/2004 08

More...   $17000000 (09-23-2015 - AK)

Sidney B. Hale, Jr. v. City of Bonham

The City of Bonham owned an airport hangar at its Jones Field Municipal Airport which it leased to Sidney B. Hale, Jr.1 After an ice storm caused the hangar’s roof to collapse, Hale sent a demand letter to the City seeking to recover some $400,000.00 in damages to property stored in the hangar and damaged by the collapse. After having received the letter, the City filed a suit for declaratory judg

More...   $0 (09-23-2015 - TX)

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