Res Ipsa Loquitur Law
 
Nunamta Aulukestal v. State of Alaska

Challenged in this case are land and water use permits allowing intensive
mineral exploration on State land. The main question we address is whether the
Department of Natural Resources (DNR) had to give public notice before issuing the
permits. Because the Alaska Constitution requires public notice when interests in land
are transferred, the answer to this question depends on wheth

More...   $0 (05-29-2015 - AK)

Jared Henry v. Jordan A. Hunter

Tulsa, OK - Jered Henry and Crhistina Henry sued Jordan A. Hunter, John Jones, Matthew Martinez, Darryl Hale, Broken Arrow Public Schools and the City of Broken Arrow on governmental tort claim negligence theories:

1. The Plaintiffs, Logan Henry, Jered Henry, and Christina Henry are, and were at
all relevant times, residents of Wagoner County, State of Oklahoma, along with their minor

More...   $30000 (04-08-2015 - ok)

BP America Production Company v. Red Deer Resources, LLC

After a jury trial in a suit brought by appellee Red Deer Resources, LLC, the court signed a judgment terminating an oil, gas and mineral lease held by appellant BP America Production Company. BP appeals. We will affirm the judgment.
Factual and Procedural Background
Some 2113 acres in Lipscomb and Hemphill Counties, Texas, are subject to BP’s Vera Murray lease. The lease, signed in 1962

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R. Wayne Klein v. William R. Cornelius

This is an appeal from the district court’s grant of summary judgment to the
court-appointed receiver for Winsome Investment Trust, a business entity whose
founder, Robert J. Andres, caused it to illegally distribute funds as part of a Ponzi
scheme. The court found that Andres had fraudulently transferred funds from
Winsome to William T. Cornelius and his law firm, Cornelius & Sa

More...   $0 (05-27-2015 - UT)

David Mauk v. Pipe Creek Water Well, LLC and Robert Rae Powell

Appellant David Mauk, the general manager for Bandera County River Authority and Groundwater District, was sued for defamation, slander per se, and business disparagement. Mauk moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act. He asserted he was immune from suit because he was a governmental unit employee acting within the scope of his employment and the suit could h

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Bexar County v. Leticia Votion

Appellant Bexar County was sued by Leticia Votion for injuries she suffered when she allegedly tripped and fell in a Bexar County facility. Bexar County filed a plea to the jurisdiction, but it was denied. In this interlocutory appeal, Bexar County argues the trial court erred because, under the Texas Tort Claims Act (TTCA), it conclusively established it did not timely receive notice of the claim

More...   $0 (05-20-2015 - TX)

Melanie Susan Kraft v. Mahmood Khichi

Tulsa, OK - Melanie Susan Kraft sued Mahmood Khichi on an auto negligence theory claiming:

1. Plaintiff was at all material times a resident of Tulsa, Oklahoma.
2. Defendant was at all material times upon information and belief a resident of Tulsa, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed through the cours

More...   $1 (04-16-2015 - OK)

John Dewey Holt v. Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc.

Tulsa, OK - John Dewey Holt sued Kamagon Fitness, Karen L. Reed, Mark Reed and Hedstrom PLastics, Inc. on fraud, breach of contract, intentional infliction of emotional distress, libel and tortious interference with contract theories claiming:

2. That upon information and belief, Kamagon Fitness LLC was and is a domestic limited liability corporation located in Tulsa County, State of Okl

More...   $1 (04-27-2015 - OK)

Denis McBride v. Heather Hancock

Tulsa, OK - The Denis McBride sued Heather Hancock on an auto negligence theory claiming:

1. Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed thro

More...   $1 (04-23-2015 - OK)

Mackenzie Kordonowy v. Barbara a. Carmel Kneedler

Tulsa, OK - Mackenzie Kordonowy sued Barbara A. Carmel Kneedler on an auto negligence theory claiming;

1, Plaintiff was at all material times a resident of Tulsa County, Oklahoma.
2. Defendant B. Kneedler was at all material times upon information and belief a resident of Tulsa County, Oklahoma.
3. Defendant R. Kneedler was at all material times upon information and belief a resid

More...   $1 (04-07-2015 - OK)

In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin

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Alejandro Diaz-Barba v. Wolfgan Hahn

In Hahn v. Diaz-Barba (2011) 194 Cal.App.4th 1177 (Hahn I), this court affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference with contract and related claims for the sale of an interest in a Mexican business. We determined that petitioners (hereafter defendants) met their burden of proving Mexico was a suitabl

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United States of America v. Michael James Pascal

Salt Lake City, UT - A jury convicted Michael Pascal of abusive sexual contact. He appeals,
challenging the district court’s admission of a prior uncharged sex offense under
Federal Rule of Evidence 413. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
In 2013, Pascal boarded a commercial flight and sat in his assigned middle
seat. The adjacent window seat wa

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State of Oklahoma v. Brian Christian Drabek

Tulsa, OK - The State of Oklahoma charged Brian Christian Drabek with:

Count # 1. Count as Filed: LEWD, LEWD MOLESTATION, in violation of 21 O.S. 1123
Date of Offense: 04/23/2014
Count # 2. Count as Filed: LEWD, LEWD MOLESTATION, in violation of 21 O.S. 1123
Date of Offense: 04/23/2014
Count # 3. Count as Filed: LEWD, LEWD MOLESTATION, in violation of 21 O.S. 1123
D

More...   $0 (05-20-2015 - OK)

Travis D. Black v. Justin T. Davis

Oklahoma County, OK - Travis D. Black sued Justin T. Davis on an auto negligence theory claiming:

1. That the Plaintiff is a resident of Oklahoma County, State of Oklah’ )ma.
2. That the Defendant is a resident of Oklahoma County, State of Oklahoma.
3. That on or about September 19, 2013, in the City of Oklahoma City, the Defendant did negligently cause a motor vehicle he was op

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In the Interest of A.B.O. and E.B.O., Children

In this dispute involving the conservatorship of two children, the trial court appointed their father, David Brian O’Dell (David), and maternal grandmother, Melanie McMurtry, as joint managing conservators. The trial court further designated McMurtry as the person with the right to designate the children’s place of residence. David appeals, contending that the trial court erred in (1) finding

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Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.

This is an accelerated appeal of two orders. The first order grants a temporary injunction, and the second order denies a motion to dismiss filed pursuant to the Texas Citizens Participation Act.1 We affirm both orders.
BACKGROUND
Appellee Edward L. Bravenec was a co-owner of a second lien on property located at 1216 West Avenue, San Antonio, Texas (the “Property”). In 2006, the owner

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Whitney Brewster, In her capacity as executive director of The Texas Department of Motor Vehicles v. Drew Roicki and Richard Roicki As Successors in Interest to Pinnacle Motors

Appellant Whitney Brewster, Executive Director of the Texas Department of Motor Vehicles, asserted immunity from suit in the underlying cause regarding TxDMV’s decisions affecting four vehicle titles. The trial court denied her plea to the jurisdiction, and she appeals. Because Appellees raised a fact issue on whether Brewster acted without legal authority, which could invoke the ultra vires imm

More...   $0 (05-13-2015 - TX)

Hyannis Marina, Inc. v. Angela M. O'Connor

Massachusetts Department of Public Utilities; JOLETTE A.
WESTBROOK, in her official capacity as Commissioner of the
Massachusetts Department of Public Utilities; ROBERT HAYDEN, in
his official capacity as Commissioner of the Massachusetts
Department of Public Utilities; JUDITH JUDSON, in her official
capacity as Commissioner of the Massachusetts Department of
Energy Resourc

More...   $0 (05-18-2015 - MA)

Raynee Toles v. Billyjack Transports, LLC, Billy Jack Allen and Shelter Insurance Company

Raynee Toles, individually and as surviving spouse of James Chancelor Toles, and as parent and next friend of minor child, P.T. sued Billyjack Transports, LLC, Billy Jack Allen and Shelter Insurance Company on auto negligence, wrongful death and commercial trucking insurance coverage theories claiming:

1. Plaintiff Raynee Toles is an individual residing in Cleveland County, State of Oklah

More...   $0 (05-19-2015 - OK)

Timberlake Construction Company, Inc. v. Jones Brothers Investment, Inc.

Oklahoma city, OK - Timberlake Construction Company, Inc. sued Jones Brothers Investment, Inc. and Steve Jones on breach of contract theories.

Docket
Date Code Description Count Party Amount
12-19-2013 TEXT

Civil relief more than $10,000 Initial Filing.
1
12-19-2013 CONTRACT

BREACH OF AGREEMENT - CONTRACT

12-19-2013 DMFE

More...   $1 (05-07-2015 - OK)

HERIBERTO DE LA GARZA D/B/A LUDY'S ROPA USADA v. DALIA RAMIREZ D/B/A LOS BALDOS ROPA USADA, ET AL.

Appellant, Heriberto de la Garza d/b/a Ludy’s Ropa Usada, asks us in pertinent part to reverse the trial court's order dismissing his case for want of prosecution and denying his motion to reinstate. We affirm.
I. BACKGROUND
Appellant appeals the dismissal of his claims for want of prosecution against appellees Dalia Ramirez d/b/a Los Baldos Ropa Usada, Lalo Ramirez d/b/a Los Baldos Ropa

More...   $0 (05-07-2015 - TX)

Ralph D. Armstrong v. Karen D. Daily

Plaintiff Ralph Armstrong was imprisoned for 29 years for the rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, and in 2009 a Wisconsin state judge dismissed the charges entirely because the prose-cution had destroyed key exculpatory evidence, rendering a fair trial impossible. Armstrong then brought this civil suit
2 Nos. 13-

More...   $0 (05-15-2015 - WI)

State of Oklahoma v. Kyle Duane Hancock

Tulsa, OK - The State of Oklahoma charged Kyle Duane Hancock with:

Count # 1. Count as Filed: RAPE, RAPE - 1ST DEGREE - VICTIM UNDER 14 YEARS OF AGE, in violation of 21 O.S. 1115
Date of Offense: 05/17/2014
Count # 2. Count as Filed: BRG1, BURGLARY - FIRST DEGREE, in violation of 21 O.S. 1431
Date of Offense: 05/17/2014
Count # 3. Count as Filed: SEXO, FAILURE TO REGIST

More...   $0 (05-13-2015 - OK)

Movie Poster House, Inc. v. Heritage Auctions, Inc.

Movie Poster House, Inc. appeals the trial court’s summary judgment in favor of Heritage Auctions, Inc. In four issues, MPH contends the trial court erred because its claims are not barred by res judicata or collateral estoppel and the arbitrator abused his discretion by refusing to allow MPH to amend its statement of claims. We affirm.
In early 2008, Kenneth Mauer loaned William Hughes over

More...   $0 (05-08-2015 - TX)

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