Res Ipsa Loquitur Law
 
Jayme Fullick v. Ashton Taylor Barbee aka Ashton T. Barbee aka Ashton Barbee

Tulsa, OK - Jayme Fullick and William Fullick sued Ashton Taylor Barbee aka Ashton T. Barbee aka Ashton Barbee on auto negligence theories claiming:

Plaintiffs allege and state as follows:
1. Plaintiffs were at all material times residents of Rogers County, Oklahoma.
2. Defendant Ashton Barbee was at all material times upon information and belief a resident of Rogers County, Oklah

More...   $1 (04-16-2015 - OK)

Richard Abrams v. Marguerite Salinas a/k/a Marguerit Y. Salinas f/k/a Marguerite Abrams and Ashely Abrams a/k/a Ashley N. Abrams

This appeal arises from an alleged breach of a provision in an agreed decree of divorce obligating the parties to share equally in the cost of their daughter’s college expenses. Appellant Richard Abrams argues the trial court erred in ruling that (1) the four-year statute of limitations did not apply and (2) he breached his contractual obligation to pay his portion of his daughter’s college ex

More...   $0 (05-06-2015 - TX)

Jose Robles v. Employment Development Department

This controversy—which involves the wrongful denial of unemployment
compensation benefits—began in January 2010 because of a pair of shoes. More than
five years later, appellant Employment Development Department (EDD or the
Department) continues to refuse to award Jose Robles (Robles) the benefits to which he
would have been entitled absent the Department’s error, this despit

More...   $0 (05-05-2015 - CA)

State of Oklahoma v. Michael Wayne Eckfeldt

Tulsa, OK - The State of Oklahoma charged Michael Wayne Eckfeldt with:
Count # 1. Count as Filed: CHSA, CHILD SEXUAL ABUSE, in violation of 21 O.S. 843.5 (E)
Date of Offense: 03/20/2013
Party Name Disposition Information
ECKFELDT, MICHAEL WAYNE Disposed: CONVICTION, 05/08/2015. Jury Trial
Count as Disposed: CHILD SEXUAL ABUSE(CHSA)
Violation of 21 O.S. 843.5 (E)
Count #

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Betty Lou Adams v. Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation

Betty Lou Adams sued Pfizer, Inc. f/k/a Wyeth, Inc. f/k/a American Home Products Corporation; Wyeth Pharmaceuticals, inc.; Wyeth Pharmaceuticals, a Division of Wyeth, Inc.; Mona Motz, D.O.; and Standly Rogers, D.O. on product liability theories claiming:

1. This case involves the diet drugs fcnfluramine (Pondimin) and phentermine commonly known as fen phen and dexfenfluramine (Redux), whi

More...   $1 (05-08-2015 - OK)

Titia Brown v. Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc.

Tulsa, OK - Titia Brown, Administrator of the Estate of Charlotte Brown and Charlotte Brown, Decesased, sued Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Titia Brown, is a surviving child of Charlotte Brown, deceased, and Spe

More...   $1 (05-07-2015 - OK)

DALE STATON and CAROLYN STATON, husband and wife, Plaintiffs/Appellees/Counter-Appellants, v. THE GUARANTEE STATE BANK OF MANGUM, OKLAHOMA, Defendant/Appellant/Counter-Appellee.

¶1 The trial court defendant Guarantee State Bank of Mangum, Oklahoma (Bank), appeals a judgment awarding the plaintiffs Dale Staton and Carolyn Staton (Statons) attorney fees and costs in their successful action against the Bank. The Statons appeal from the same judgment asserting that the Trial Court erred in awarding them substantially less than the amount of attorney fees requested in their m

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Jamie M. White v. John Christopher Carey M.D. and Michael D. Furgeson, M.D.

Oklahoma City, OK - Jamie M. White sued John Christopher Carey M.D. and Michael D. Furgeson, M.D. on medical negligence (medical malpractice) theories claiming:

1. Plaintiffs are residents and citizens of Oklahoma, residing in Oklahoma City, and are wife and husband. Defendant, John Christopher Carey, M.D. is a physician licensed to practice in the State of Oklahoma and resides in Oklahom

More...   $0 (04-01-2015 - OK)

State of Wisconsin v. Ho-Chunk Nation

The State of Wisconsin sued the Ho-Chunk Nation of Wisconsin to stop the tribe from offering electronic poker at its Madison gaming facility. The state maintained that the tribe was violating its agreement with the state to refrain from conducting Class III gaming at that location. The tribe responded that its poker is a Class II game
2 No. 14-2529
that is permitted by law. The state preva

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Dylan Bilby v. Curtis Lynn Dyess, aka Curtis Lynne Dyess, aka Curtis L. Dyess, aka Curtis Dyess, aka Curt Dyess

Tulsa, OK - Dylan Bilby sued Curtis Lynn Dyess, aka Curtis Lynne Dyess, aka Curtis L. Dyess, aka Curtis Dyess, aka Curt Dyess on an auto negligence theory claiming:

Plaintiff alleges and states as follows:
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, Oklah

More...   $1 (03-05-2015 - OK)

Heidi Gjersten v. Herman Ter Haar

[¶1] Pursuant to a California court order, Herman Ter Haar (Father) has sole legal and
physical custody of the parties’ child (the child), subject to limited visitation by Heidi
Gjertsen (Mother). Mother appeals from the district court’s order denying her petition for
modification of the California order pertaining to custody, care and visitation with the
child. We conclude th

More...   $0 (04-14-2015 - WY)

YSLETA INDEPENDENT SCHOOL DISTRICT AND COMMISSIONER OF EDUCATION v. EDITH PORTER, JENNIFER ADAMS, AND RITA VASQUEZ

Appellants, the Ysleta Independent School District (“Yselta”) and the
Commissioner of Education (the “Commissioner”), appeal the trial court’s judgment
reversing the Commissioner’s decision that Yselta’s requirements for teacher’s lesson
plans do not violate section 11.164 of the Texas Education Code. See TEX. EDUC. CODE
2
ANN. § 11.164 (West, Westlaw through 2

More...   $0 (04-13-2015 - TX)

Zia Daugherty v. Juan Arturio Nunez aka Juan A. Nunez, aka Juan Nunez

Tulsa, OK - Zia Daugherty sued Juan Arturio Nunez aka Juan A. Nunez, aka Juan Nunez on an auto negligence theory claiming:

Plaintiffs allege and state as follows:
1. Plaintiffs were at all material times residents of Tulsa County, Oklahoma.
2. Defendant was at all material times upon infonnation and belief a resident of Tulsa County, Oklahoma.
3. Defendant John Doe, a business

More...   $1 (03-16-2015 - OK)

Davis & Sanchez, P.L.L.C.v. University of Utah Health Care

¶1 Davis & Sanchez, PLLC is a law firm that represented Al-varo Diaz in a workers’ compensation claim against his employer, Beehive Telephone. The firm filed Diaz’s claim in the Utah Labor Commission in 2008. As a result of the firm’s efforts, the parties were able to settle this claim. Under a settlement agreement en-
DAVIS & SANCHEZ v. U OF U HEALTH CARE et al.
Opinion of the Cour

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Milo Shamas v. Margaret A. Focarino

The Lanham Act, 15 U.S.C. §§ 1051-1141n, provides that a dissatisfied trademark applicant may seek review of an adverse ruling on his trademark application either by appealing the ruling to the Court of Appeals for the Federal Circuit, id. § 1071(a)(1), or by commencing a de novo action in a federal district court, id. § 1071(b)(1). If he elects to proceed in a district court and no adverse pa

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Kayunta Johnson-Winters v. Redner's Market, Inc.

Kayunta Johnson-Winters, as succession representative of appellant Sammy Perry, contends that the District Court erred in granting summary judgment to appellee Redner’s Markets, Inc., with regard to Perry’s employment discrimination claims under Title VII and the Pennsylvania Human Relations Act (PHRA).1 Perry, an African-American man, worked at a Redner’s Markets grocery store in Lansdale,

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State Of Washington v. Terrance Jon Irby

This appeal from a conviction for aggravated murder is
unusual in that defendant Terrance Irby waived both his right to be represented
at trial and his right to be present. Irby's absence did not excuse the trial court
and the prosecutor from their responsibility to assure that Irby's jury was fair and
impartial. One of the jurors said during voir dire that she "would like to say h

More...   $0 (04-18-2015 - WA)

Raul Galvez v. Tornado Bus Company, et al

Appellant Raul Galvez appeals the trial court’s grant of summary judgment in favor of appellees Tornado Bus Company, Tornado Bus Company d/b/a Tornado Money Transfers, and Juan Vazquez (collectively, Tornado Parties). In three issues, Galvez argues that the trial court erred in granting the Tornado Parties’ traditional and no-evidence motions for summary judgment. Because all dispositive issue

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Marsha Jerry and Jason Chambers v. Texas Department of Transportation

This is an appeal of an order granting the Texas Department of Transportation’s (TxDOT) motion filed pursuant to rule 91a of the Texas Rules of Civil Procedure. In five issues, Marsha, Jerry, and Jason Chambers argue the trial court erred by granting the motion to dismiss and by dismissing their petition for a bill of review. We affirm the trial court’s order.
BACKGROUND
This Court pre

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Endura Advisory Group Ltd. v. Dominic Altomare, Josh Reneau

This is an accelerated, interlocutory appeal of the trial court’s order denying a motion to compel arbitration filed by appellant, Endura Advisory Group, Ltd. On appeal, Endura contends that appellee Dominic Altomare was required to arbitrate the claims he alleged against Josh Reneau in the underlying lawsuit. Endura intervened in the lawsuit and filed the motion to compel, asserting Altomare wa

More...   $0 (04-08-2015 - TX)

Richard J. Malouf, DDS; Richard J, Malouf, DDS, PC; and Richard J. Malouf, DDS, PA v. The State of Texas ex rel. Dr. Christine Ellis, DDS and Madelayne Castillo

This interlocutory appeal presents the issue of whether claims brought by appellees
the State of Texas and relators Dr. Christine Ellis, DDS, and Madelayne Castillo under the Texas
Medicaid Fraud Prevention Act (TMFPA), see Tex. Hum. Res. Code §§ 36.001–.132, are subject
to the expert-report requirement of the Texas Medical Liability Act (TMLA), see Tex. Civ. Prac.
& Rem. Code

More...   $0 (04-02-2015 - TX)

M.N., Jr. v. Department of Children and Families and Guardian Ad Litem Program

M.N., the Father, appeals the order dismissing his second motion to
set aside a final judgment of adoption. We affirm.
The Father’s biological child was born to a marriage between the
mother and the legal father. After the parental rights of the mother and
the legal father were terminated, a relative adopted the child. The Father
moved to set aside the adoption, claiming that

More...   $0 (04-08-2015 - FL)

United States of America v. Daniel David Egli

Daniel David Egli, a federal prisoner incarcerated in Louisiana, apparently was
convicted of a federal offense in the United States District Court for the District of Utah.
He filed in that court a motion for relief from his conviction under Federal Rule of Civil
Procedure 60. Relying on our opinion in United States v. Triplett, 166 F. App’x 362,
* After examining the briefs and

More...   $0 (04-10-2015 - UT)

Quinton Lee Amey v. Robert Patton

Quinton Lee Amey was convicted in Oklahoma state court of feloniously
pointing a firearm and possessing a firearm after a former felony conviction. His
28 U.S.C. § 2254 habeas petition was denied by the district court. Proceeding pro se
and wanting to appeal from the denial, he requests a certificate of appealability
(COA) to appeal. We deny the request and dismiss this matter.

More...   $0 (04-10-2015 - OK)

David Barboza v. California Association of Professional Firefighters, et al.

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
un

More...   $0 (04-07-2015 - CA)

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