Res Ipsa Loquitur Law
 
JOANNE NEALE v. VOLVO CARS OF NORTH AMERICA, LLC; VOLVO CAR CORPORATION

Plaintiffs-Appellees Joanne Neale, Keri Hay, Kelly McGary, Svein Berg, Gregory Burns, David Taft, Jeffrey Kruger, and Karen Collopy (collectively “Plaintiffs”) filed suit on behalf of themselves and a nationwide class of current and former Volvo vehicle owners and lessees. Plaintiffs allege that a uniform design defect exists in the sunroof drainage systems in the following vehicles sold and leas

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Johnny Six v. James Leroy Sawyer

Tulsa, OK - Johnny Six sued James Leroy Sawyer on a civil assault and battery theory claiming:

1. Plaintiff, JOHNNY SIX, (hereinafter Six) is an individual person who was a resident of Tulsa County, State of Oklahoma at the time of the subject incident.
2 Defendant, JAMES LEROY SAWYER, is an individual person who was a resident of Tulsa County, State of Oklahoma at the time of the sub

More...   $1 (06-10-2015 - OK)

Ed Rutledge v. Hewlett-Packard Company

This case is a class action brought by purchasers of notebook computers that were manufactured by Hewlett-Packard, Inc. (HP). Appellants are I Braun Degenshein (Degenshein), and Susanna Giuliano-Ghahramani (Giuliano-Ghahramani), both of whom are representative plaintiffs of a class of California residents who purchased certain HP notebook computers. The basis of appellants’ consumer action aga

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State of Idaho v. Coeru d'Alene Tribe

The Coeur d’Alene Tribe (“Tribe”) appeals the
preliminary injunction prohibiting the Tribe from offering
Texas Hold’em (“Hold’em”) poker. The Tribe argues that
tribal sovereign immunity was not abrogated and that venue
was improper under the terms of the Tribal-State Gaming
Compact (“Compact”). We affirm because the Indian
Gaming Regulatory Act (“IGRA”) severed tribal immun

More...   $0 (07-22-2015 - ID)

Joanne Neale v. Volvo Cars of North America, L.L.C.

This appeal involves a putative class action brought by consumers from six states alleging that Appellants-Defendants Volvo Cars of North America, LLC and Volvo
4
Car Corporation (collectively “Volvo”) sold certain vehicles with defective sunroof drainage systems. Volvo challenges the grant of class certification by the U.S. District Court for the District of New Jersey. For the reasons th

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David J. Mach, Jr. vs. Wells Concrete Products Co., and CCMSI

We are asked to determine whether res judicata or collateral estoppel bars
respondent’s workers’ compensation claim. The compensation judge concluded that the
claim was barred, but the Workers’ Compensation Court of Appeals (“WCCA”) reversed.
We agree that res judicata does not apply, but because we conclude that whether
collateral estoppel bars respondent’s claim depends on

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Tamco Pork II v. Heatland Co-Op and PRo Build, LLC

Tamco Pork II, LLC, and Farm Bureau Mutual Insurance Company, as
subrogee, (collectively, hereinafter “Tamco”) pursue this appeal following an
adverse jury verdict in their action for negligence against Heartland Co-op and
Pro Build LLC. Tamco’s claim against the defendants arises out of a fire
occurring at Tamco’s newly renovated hog-production facility. On appeal, Tamco

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Hsin-Chi-Su aka Nobu Su v. Vantage Drilling Company

Appellee, Vantage Drilling Company (“Vantage”), sued appellant, Hsin-
Chi-Su aka Nobu Su (“Su”), seeking, inter alia, to recover Vantage shares held by
Su’s wholly-owned affiliate, F3 Capital, on the ground the stock was acquired via
Su’s fraud and breach of fiduciary duties. The trial court signed a temporary
injunction precluding Su from disposing of, or otherwise encumbering, th

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Ka A. Paek v. Attorney General of the United States of America

We address the proper interpretation of the Immigration and Nationality Act (“INA”)—specifically, whether the conditional nature of an alien’s lawful permanent resident status affects his eligibility for a waiver of inadmissibility under INA § 212(h), 8 U.S.C. § 1182(h). Under § 212(h)’s aggravated felony bar, “an alien who has previously been admitted to the United States as an alien lawfully adm

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STATE OF IDAHO v. MOSES OLIVAS, JR.

On February 6, 2009, Olivas was convicted of the crime of sexual abuse of a child under the age of sixteen in violation of Idaho Code section 18-1506. The district court sentenced Olivas to a total unified term of confinement of ten years with five years fixed and retained jurisdiction for 180 days pursuant to Idaho Code section 19-2601(4). The district court ordered Olivas to register as a sex of

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Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

This appeal challenges a
preliminary injunction meant to enforce a contractual agreement
and prohibit a trademark violation. We affirm in part and reverse
in part.
I.
Plaintiff-Appellee Arborjet, Inc. manufactures and sells
TREE-age, an emamectin benzoate solution used to protect trees
from various pests. Through the period from August 2008 to
February 2013, Arborje

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STILWYN, INC. v. ROKAN CORPORATION

In May of 2007, the First Bank of Idaho made a loan to Stilwyn, Inc., in the amount of 9.5 million dollars. The loan was secured by a deed of trust encumbering Stilwyn’s real property. Farmers National Bank later acquired a forty-two percent interest in the loan, while First Bank of Idaho retained a fifty-eight percent interest. In April of 2009, the Federal Deposit Insurance Corporation (“FDIC”)

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Marquis COUEY v. Jeanne ATKINS

We begin with a brief summary of the regulation of the initiative petition signature collection process to provide context for our discussion of the relevant facts. The powers of initiative and referendum reserved by the people in Article IV, section 1, of the Oregon Constitution allow them to enact statutes, adopt or reject bills passed by the legislature, and adopt amendments to the state consti

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EOG Resources, Inc. v. Soo Line Railroad Company, d/b/a Canadian Pacific Railway

Soo Line Railroad Company and G-4, LLC appeal from a summary judgment declaring Soo Line does not own an interest in the minerals in and under certain Mountrail County property and G-4 does not hold a valid leasehold interest in the property. Soo Line and G-4 argue the district court erred in finding seven private deeds conveyed only easements and not a fee simple title to Soo Line's predecessor-i

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PREDATOR INTERNATIONAL, INC. v. GAMO OUTDOOR USA, INC.

Attorney John Cogswell appeals the imposition of a Rule 11 sanction. Acting on
behalf of Predator International, Inc., Cogswell filed a lawsuit in April 2009 in the United
States District Court for the District of Colorado against Gamo Outdoor USA, Inc. and
Industrias El Gamo, S.A. (collectively, Gamo). The original complaint alleged patent
infringement and other claims. Whe

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BONNIE L. ALLEN v. ALEXANDER F. MCCANN

Bonnie Allen appeals from an entry of summary judgment by the
Superior Court (Cumberland County, Mills, J.) in favor of Alexander McCann on
Allen’s complaint alleging legal malpractice. We affirm the judgment.
I. BACKGROUND
[¶2] On June 4, 2002, Bonnie Allen injured her neck, back, shoulders, and
arms handling a high-pressure hose while working at a paper mill. In

More...   $0 (07-14-2015 - )

DKN HOLDINGS LLC v. WADE FAERBER

We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued in separate actions. Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The court reasoned that a breach of contr

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Elsie Glickert v. The Loop Trolley Trans

In 2013, four individuals—Elsie Beck Glickert, Jen Rivenes Jensen, Irene
Franklin, and Peter Sarandos—filed a five-count complaint (“the Complaint”) against
a number of defendants seeking declaratory and injunctive relief from the
1The Honorable Timothy L. Brooks, United States District Judge for the
Western District of Arkansas, sitting by designation.
-2-
organization and

More...   $-12 (07-01-2015 - MO)

Johnson & Lechman-Su, P. C. v. Sternberg

Plaintiff, law firm Johnson & Lechman-Su, PC, filed this action in 2012 to foreclose on a personal property lien to collect its unpaid attorney fees from defendant Sternberg, its former client, for work performed in a marital dissolution action. Below, the trial court granted plaintiff summary judgment on its claim and entered a general judgment foreclosing plaintiff’s lien, awarding plaintiff $6

More...   $0 (07-12-2015 - )

ALICE M. SHEA vs. THERESA LORENZ and MARK LORENZ

Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district court’s decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony o

More...   $0 (07-12-2015 - )

Liberty University, Inc. v. Citizens Insurance Company

In November 2012, Janet Jenkins sued Liberty University, Inc. (“Appellee”), alleging that the school participated -- both directly and vicariously -- in a scheme to kidnap Jenkins’s daughter in order to disrupt the parent-child relationship. In her complaint (“Jenkins Complaint”), Jenkins alleged that Appellee and its agents helped Lisa Miller, the child’s biological mother and Jenkins’ former par

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DARRYL W. MANCO v. STATE OF KANSAS

Manco filed a 51-page motion for habeas corpus relief under K.S.A. 60-1507. Manco raised various allegations against almost everyone involved in his 1992 jury convictions for indecent liberties with a child and aggravated criminal sodomy. Manco is now serving a controlling term of imprisonment of 15 to 50 years. In support of his habeas corpus motion under K.S.A. 60-1507(a), Manco alleges all tria

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United States of America ex rel. Michael Drakeford, M.D. v. Tuomey d/b/a Tuomey Healthcare Systems, Inc.

In a qui tam action in which the government intervened, a jury determined that Tuomey Healthcare System, Inc., did not violate the False Claims Act (“FCA”), 31 U.S.C. §§ 3729-33 (2012).1 The district court, however, vacated the jury’s verdict and granted the government a new trial after concluding that it had erroneously excluded excerpts of a Tuomey executive’s deposition testimony. The jury in t

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Patricia Martin v. Gregg Brinkley and Sarah Brinkley

In this appeal from the judgment rendered after a nonjury trial, a landlord
seeks reversal of the trial court’s judgment against her on her tenants’ claims for
failure to repair the premises and for bad-faith retention of their security deposit.
She contends that the tenants’ failure-to-repair claim is barred by res judicata
because it could have been litigated in the landlord’s un

More...   $0 (07-02-2015 - TX)

Gabriel F. Martinez v. Victor F. Petrenko

To maintain a private action
under the Fair Labor Standards Act ("FLSA" or "the Act") for a
failure to pay for overtime at the mandated rate, an employee must
prove a nexus to interstate commerce sufficient to trigger coverage
under the Act. The employee can prove this nexus by showing that
the employee engaged in commerce for the employer within the
meaning of the Act, or

More...   $0 (07-06-2015 - NH)

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