Res Ipsa Loquitur Law
 
Jefferson County, Texas v. Ha Penny Nguyen

This appeal concerns an employment dispute between Appellant, Jefferson County (the “County”), and Appellee, Ha Penny Nguyen (Nguyen), a former County employee. The County appeals from a Judgment rendered in favor of Nguyen, following a jury trial wherein the jury found that Nguyen was subjected to adverse employment actions, retaliation for protected speech, and a violation of her
2
due p

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Celtic Properties, L.C. v. Cleveland Regional Medical Center, L.P.

Appellant, Celtic Properties, L.C. (Celtic or appellant), the plaintiff in the proceeding below, appeals from an Order Granting Final Summary Judgment to Appellee, Cleveland Regional Medical Center, L.P. (CRMC or appellee), the defendant in the proceeding below.1 This case relates to a dispute between the
1Community Health Systems, Inc. and CHS/Community Health Systems, Inc. were also named as

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Nueva Generacion Music Group, Inc. v. Isidro Chavez Espinoza, p/k/a Espinoza Paz

This is an appeal from the trial court’s denial of a temporary injunction. Appellant, Nueva Generacion Music Group, Inc. (“Nueva”), sued appellee, Isidro Chavez Espinoza, a musician professionally known as Espinoza Paz (“Espinoza”), for breach of a settlement agreement that attempted to resolve conflicts arising out
2
of Nueva’s professional representation of Espinoza. Nueva sought a tempo

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Neighborhood Centers Inc. v. Doreatha Walker

Appellee and cross-appellant Doreatha Walker sued her former employer, appellant and cross-appellee Neighborhood Centers Inc. (“Neighborhood Centers”), for its alleged retaliation against her for filing a workers’ compensation
2
claim.1 She also sued Neighborhood Centers under the Whistleblower Protection Act.2 Neighborhood Centers filed a plea to the jurisdiction asserting that it had gov

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The State of Wyoming v. Black Hills Power, Inc.

The federal district court’s certification order contains a statement of facts relevant to the questions certified. Although our review and ultimate resolution of the questions do not require application of the facts, we set forth that portion of the order to provide context:
(b) Statement of Relevant Facts
1. On June 29, 2012, a wildfire was ignited near Newcastle, Weston County, Wyomin

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State of Oklahoma v. Phillip Anthony Hood

Tulsa, OK - The State of Oklahoma charged Phillip Anthony Hood with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 01/10/2014

Party Name: Disposition Information:

HOOD, PHILLIP ANTHONY
Pending.

Count # 2.
Count as Filed: RES, RESISTING AN OFFICER , in violation of

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Feysal Ayati-Ghaffari and Irana Hagnazari v. Hazawiperi Jackie Gumbodete and Jose Anaya

Hazwiperi Jackie Gumbodete and Jose Anaya (“appellees” or “plaintiffs”) filed this lawsuit in the trial court below against Feysal Ayati-Ghaffari and Irana Hagnazari (“appellants” or “defendants”) seeking damages for loss of personal property allegedly caused by appellants. After considering appellees’ motion for summary judgment, the trial court signed a “Final Summary Judgment” granting appellee

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In the Interest of: C.E.C.

Pro se appellant M.C. appeals from the final decree of divorce (the divorce decree) dissolving his marriage with S.C. In five issues, M.C. contends the trial court erred: (1) in the division of the marital estate and the order of child support; (2) in ordering supervised visitation; (3) by failing to sign the divorce decree in a timely manner; (4) by failing to rule on matters other than conservat

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Cain v. Jacox

Danitra Cain appeals from the denial of her motion to recover postjudgment interest on unpaid child support judgments. The district court denied the motion holding that the doctrine of res judicata barred Cain's claim. The Court of Appeals affirmed. But we hold that because Cain was neither a party in a prior proceeding nor in privity with a party in a prior proceeding, the doctrine of res judica

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IN RE THE CROW WATER COMPACT

This case arises from the Crow Compact, an agreement among the United States,
the Crow Tribe, and the State of Montana. The Compact recognizes and specifies a
Tribal Water Right of the Crow Tribe and its members in a number of sources of water
that abut or cross the Crow Indian Reservation in Montana. The Compact also provides
for cash payments to the Tribe, allocates coal tax

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Landmark American Insurance Company v. VO Remarketing Corp.

Denver, CO - Tenth Circuit holds that insurance company had no duty to defend of indemnify its insured

Plaintiff-Appellee Landmark American Insurance Company brought this
declaratory judgment action seeking a determination that it had no duty to defend
or indemnify its insured, Defendant-Appellant VO Remarketing Corp (VO), in a
lawsuit brought in Colorado state court. The dist

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Paul Janczak v. Tulsa Winch, Inc.

Tulsa, OK - The Tenth Circuit reverses summary judgment for defendant on Family Medical Leave Act claim

After suffering an injury, Paul Janczak took leave under the Family and Medical
Leave Act (“FMLA”). Immediately upon his return from FMLA leave, his employer,
Tulsa Winch, Inc. (“TWI”), terminated his employment. TWI claimed that it had decided
to terminate Janczak’s positio

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Thomas R. Mason v. Telefunken Semiconductors America, LLC

Concord, NH - First Circuit reverses district court's grant of summary judgment meaning of "termination" in employment contract

This case involves a series of
shifting employment arrangements. Plaintiff-appellant Thomas R.
Mason asserts that defendant-appellee TSI Semiconductors America,
LLC (TSA), formerly known as Telefunken Semiconductors America,
LLC, abridged his con

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United States of America v. Terry Lynn Little, II

Albuquerque, NM - Tenth Circuit dismisses appeal from it fell within the scope of the appeal waiver contained in plea agreement

This matter is before the court on the government’s motion to dismiss
defendant Terry Lynn Little, II’s appeal because it falls within the scope of the
appeal waiver contained in his Plea Agreement. We grant the government’s motion
and dismiss the app

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United States of America v. Nam Quoc Le a/k/a Jimmy Nam Quoc Le

Tulsa, OK - The Tenth Circuit Court of appeals affirmed in part and reversed in part an order of restitution on a Theft From Gaming Establishment on Indian Lands

Defendant Nam Quoc Le pleaded guilty to a single count of Theft From Gaming
Establishments on Indian Lands, in violation of 18 U.S.C. §1167, based on a cheating
scheme that ran from at least January 14, 2013, to February

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Fox v. CDX Holdings, Inc.

Caris Life Sciences, Inc. (―Caris‖ or the ―Company‖) was a privately held
Delaware corporation. Through subsidiaries, it operated three business units: Caris
Diagnostics, TargetNow, and Carisome.1 Caris Diagnostics was consistently profitable.
TargetNow generated revenue but not profits. Carisome was in the developmental stage.
To achieve the dual goals

More...   $16260332 (07-28-2015 - DE)

Chinatown Neighborhood Association v. Kamala Harris

San Francisco, CA - California’s “Shark Fin Law” makes it “unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin” in the state. Cal. Fish & Game Code § 2021(b). The plaintiffs in this action claim that the Shark Fin Law violates the Supremacy Clause by interfering with the national government’s authority to manage fishing in the ocean off the California coast,

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New Mexico General Services Department v. Bradbury Stamm Construction, Inc., Lone Mountain Contracting, Inc.; Condeck Corporation

Albuquerque, NM - New Mexico General Services Department sued Bradbury Stamm Construction, Inc., Lone Mountain Contracting, Inc.; Condeck Corporation for Damages for Breach of Contract, Negligence, Negligence Per Se, Breach of Implied Warranties of Merchantability and Fitness for Particular Purpose, Negligent Supervision, Unjust Enrichment, Res Ipsa Loquitur and Unfair Trade Practices

C

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State of Oklahoma v. Meranda Sue Overton and Chance Delray Winford

Tulsa, OK - The State of Oklahoma charged Meranda Sue Overton and Chance Delray Winford with:

Count # 1. Count as Filed: ABOFF, ASSAULT AND BATTERY ON A POLICE OFFICER, in violation of 21 O.S. 649
Date of Offense: 01/05/2014
Party Name Disposition Information
OVERTON, MERANDA SUE Disposed: CONVICTION, 02/06/2014. Guilty Plea
Count as Disposed: ASSAULT AND BATTERY ON A

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State of Oklahoma v. Robert Pearce Wright

Tulsa, OK - The State of Oklahoma charged Robert Pearce Wright with:

Count # 1. Count as Filed: DI6APC, ACTUAL PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED, in violation of 47 O.S. 11-902(C)
Date of Offense: 01/04/2014
Party Name Disposition Information
WRIGHT, ROBERT PEARCE Disposed: DEFERRED, 02/04/2014. Guilty Plea
Count as Disposed: ACTUAL PHYSICAL CONTROL OF VE

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Wilma Reynolds v. David Reynolds

Appellant Wilma Reynolds appeals from the trial court’s denial of her
petition for a bill of review seeking to set aside and re-litigate the community
property division contained in the decree of divorce ending her marriage to
appellee David Reynolds. Although Wilma raises two issues, we need only
address her second, in which she contends that the trial court abused its discretion<

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STATE OF IDAHO V. COEUR D'ALENE TRIBE

As this appeal hinges on the regulation of Indian gaming, we begin with a brief introduction to the IGRA. Congress passed the IGRA in 1988 “in order to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Fla. v. Florida, 517 U.S. 44, 48 (1996). “The Act divides gaming on Indian lands into three classes—I, II, and III—and provides a different

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Cain v. Jacox

In 1998, Danitra Cain gave birth to a daughter. Within a few months of the child's birth, the Kansas Department of Social and Rehabilitation Services (SRS) commenced this action in Riley County District Court. The court found that Kendyl Jacox was the child's father and ordered him to pay child support. Soon after, having finished his collegiate football career at Kansas State University, Jacox be

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Theresia Renee Breen f/k/a Theresia Renee Black v. Jamie Lee Black

Breen and Black divorced in late 2008. Breen received primary custody of the couple’s four daughters, subject to Black’s liberal visitation rights. He was to pay support and provide medical insurance for the girls, and he was also to pay any deductibles required by the insurance policy. The decree required Breen and Black to split any medical costs remainingafter deductibles were paid and the i

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TRYSHATEL MCCARDEL v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Hurricane Ike made landfall over Galveston Island in September 2008 and wrought widespread devastation on the region. Among the ruins were 569 public housing units comprising four sites located in impoverished areas of Galveston County. This case centers on a plan to replace those units in part by redeveloping on two of the sites destroyed by Ike. We address questions concerning the scope of stand

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