Res Ipsa Loquitur Law
 
Kathryn Rothkamm v. United States of America; Internal Revenue Service

Plaintiff-Appellant Kathryn Rothkamm and her husband filed separate tax returns. Rothkamm’s husband incurred a tax liability, and the IRS levied her account at a bank, which she asserts was her separate property. She initially sought a Taxpayer Assistance Order (“TAO”) through the Taxpayer Advocate Service but obtained no relief. She then filed an administrative claim and, when that was denied, fi

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EGLESTON v. CHESAPEAKE ENERGY CORPORATION

In September, 2013, Egleston filed a petition to compel an inspection of certain books and records of Chesapeake.2 Egleston, a shareholder of Chesapeake, seeks two distinct sets of materials: (1) the Audit Committee Report . . . that served as the basis for the Company's Board of Directors . . . exonerating Mr. Aubrey McClendon . . . , the Company's former Chief Executive Officer . . . and Chairm

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

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 fiducia

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Jody Weiderman v. The City of Arlington, Texas; and Jeff Williams, Mayor in his official capacity

In this accelerated appeal, appellant Jody Weiderman appeals from the trial court’s order granting the plea to the jurisdiction filed by appellees the City of Arlington, Texas (the city), and Mayor Jeff Williams (the mayor), and dismissing Weiderman’s declaratory-judgment action. Because Weiderman did not have
1See Tex. R. App. P. 47.4.
2
standing to bring the action, we affirm the tri

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Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.

Indiana courts may exercise personal jurisdiction over non-residents to the fullest extent of “minimum contacts” precedent under the Fourteenth Amendment. Still, we scrutinize those contacts closely so out-of-state defendants will not be unfairly called into our state to defend themselves. Here, a Kentucky attorney’s contacts and connections with Indiana were far too minimal to permit personal jur

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American Tradition Inst. v. Rector and Visitors

In this appeal, we consider whether the Circuit Court of Prince William County ("trial court") erred by denying a request for disclosure of certain documents under the Virginia Freedom of Information Act ("VFOIA"), Code § 2.2-3700 et seq., and whether a public body may impose charges for the cost of reviewing documents under the statutory exclusion.

Dr. Michael Mann ("Professor Mann") i

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Synchronized Constr. Servs. v. Prav Lodging

In this appeal we consider whether a general contractor, who has no pecuniary interest in the bond posted to release the real estate subject to a subcontractor's mechanic's lien, is a necessary party to a subcontractor's mechanic's lien enforcement action.

In 2008, Prav Lodging, L.L.C. ("Prav") acquired a parcel of real estate in Orange County, Virginia to build a hotel facility. Secure

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Thomas v. Patton

Thomas was convicted in Oklahoma state court for trafficking in illegal drugs
with a prior felony conviction, possession of a controlled substance with intent to
distribute after a prior felony conviction, and domestic abuse. The Oklahoma Court
This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It m

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Hernandez Espitia v. Holder v. Colvin

Luis Hernandez Espitia appeals the order of the Board of Immigration Appeals
(BIA) affirming the Immigration Judge’s (IJ) decision finding him ineligible for
adjustment of status, cancellation of removal, asylum, suspension of removal, and
After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on the brief

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Jones v. Bryant

Jones was charged with burglary in Oklahoma state court. His sentencing
range was seven to twenty years’ imprisonment. The state offered a plea
agreement calling for ten years, but Jones declined on counsel’s advice. Counsel
This order is not binding precedent except under the doctrines of law of the case, res judicata and collateral estoppel. It may be cited, however, for its pers

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Weitzner v. Cynosure, Inc.

Plaintiffs are Ari Weitzner, an ophthalmologist based in Brooklyn, NY, and Ari Weitzner, 16
M.D., P.C., which is Ari Weitzner’s professional corporation (“Plaintiffs”). The complaint alleges 17
that Plaintiffs received four unsolicited faxes sent by Defendant Cynosure, Inc. (“Cynosure”), a 18
Massachusetts-based manufacturer and distributor of light-based products for medical and 19

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Citizens Against Casino Gambling in Erie Cty. v. Chaudhuri

This  appeal  has  a  long history  that,  as  mentioned  above, 5  
includes three lawsuits. While much of that background is described 6  
here, a more detailed history can be found in the district court’s 7  
prior opinions in those cases. See Citizens Against Casino Gambling in 8  
Erie Cty. v. Kempthorne, 471 F. Supp. 2d 295 (“CACGEC I”), amended 9  
on reconsideration by 

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REVI, LLC v. Chicago Title Insurance Co

In 2000, REVI, LLC (“REVI”) purchased a five-acre parcel of residential property along
the Potomac River in Fairfax County (the “Property”). At that time, REVI also purchased a title
insurance policy from Chicago Title Insurance Company (“Chicago Title”), which insured
against “loss or damage” caused by “[a]ny defect in or lien or encumbrance on the title,” among
other risks.

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Lee v. Spoden

In 1994, Lee started SHC, a consulting company providing services to healthcare
organizations and professionals. In 1995, Lee and Spoden married. That same year, Lee granted Spoden a 50% ownership interest in SHC.1 In 2004, SHC purchased real property in Sarasota,
Florida (the “Florida Property”).
In 2009, Spoden filed for divorce. As part of the divorce proceeding, Lee and Spo

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Ellis v. Commissioner of the Department of Industrial Accidents

Reduced to essentials, in this latest appellate
foray, the plaintiff, James Ellis, contends that, in considering
whether to approve a lump sum agreement under § 48 of G. L.
c. 152, the Workers' Compensation Act (act), for injuries to a
worker, an administrative judge of the Department of Industrial
Accidents (department) or a law judge on the department's
reviewing b

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Rodriguez v. Brand West Dairy

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa

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Ari Weitzner v. Cynosure, Inc.

8 This appeal by Plaintiffs from the dismissal of their complaint by the United States District
9 Court for the Eastern District of New York raises once again the troublesome issue of an
10 appellant’s failure to file a timely appeal because of the appellant’s compliance with an individual
11 calendar rule promulgated by a district judge. See Camacho v. City of Yonkers, 236 F.3d 112 (2

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Carrera Kylee Cook f/k/a Carrera Kylee Moore v. Austin Lee Moore

The parties were married April 8, 2011, and divorced on November 13, 2012, in Evanston, Wyoming. One child resulted from the marriage, TM, born in 2011. The original custody order awarded the parties joint legal custody of TM, with Mother having primary physical custody. Father was given liberal visitation, which consisted of every other weekend, alternating holidays, and a graduated summer vis

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David Wabakken v. California Department of Corrections and Rehabilitation

Appellant David Wabakken was a Lieutenant with the
California Department of Corrections and Rehabilitation
(“Corrections Department”). Between August 2010 and April
2011, the Corrections Department sent Wabakken three
notices of adverse action, each of which contained multiple
charges of misconduct. The third notice of adverse action
resulted in Wabakken’s dismissal from em

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SD3, LLC; Sawstop, LLC v. Black & Decker (U.S.), Inc.

SD3, LLC and its subsidiary, SawStop, LLC (together, “SawStop”), contend that several major table-saw manufacturers conspired to boycott SawStop’s safety technology and corrupt a private safety-standard-setting process, all with the aim of keeping that technology off the market. Consequently, SawStop sued nearly two dozen saw manufacturers and affiliated entities, alleging that they violated § 1 o

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Hi-Desert Medical Center v. Douglas

The federal Medicaid program provides financial assistance to states that offer medical treatment to needy persons. (Mission Hospital Regional Medical Center v. Shewry (2008) 168 Cal.App.4th 460, 469–470 (Mission I).) “California participates in the federal Medicaid program through the Medi-Cal program,” and the Department is the state agency authorized to administer the Medi-Cal program. (Id.

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Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company
organized under the laws of the Island of Guernsey, Channel Islands in August 2006
The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integral to th

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Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman
and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner
of approximately 42.3% of the Company. Charney and the Company are parties to an
Indemnification Agreement dated as of March 6, 2008 (the “Indemnification
Agreement”), and an Employment Agreement effective as o

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State Of Connecticut v. Bacon Construction Co.

.Thenameddefendant,BaconConstructionCompany,Inc.,1appealsfromthetrialcourt’sdenial of its motion for summary judgment, in which it argued thattheclaimshereinassertedbytheplaintiff,thestate of Connecticut, are all barred by the doctrines of res judicata and collateral estoppel2 because such claims wereorcouldhavebeenmadeanddecidedinanearlier arbitrationproceedinginitiatedbythedefendantpursuant to G

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Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le

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