Res Ipsa Loquitur Law
 
The People v. Israel O.

Israel O. was born in Mexico and is not a United States citizen. He was adjudged
a ward of the juvenile court as a result of admitting a misdemeanor violation of Penal
Code section 496, subdivision (a). Israel requested that the court make the factual
findings that would qualify him for special immigrant juvenile (SIJ) status under federal
law (8 U.S.C. § 1101(a)(27)(J); hereafter

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Sondra Jackson v. Erik Dean

Appellant Sondra Jackson sought to domesticate a judgment she had obtained against appellee Erik Dean in Alabama. Dean successfully moved to vacate the judgment on the basis that the Alabama court lacked personal jurisdiction over him. On appeal, Jackson contends that the trial court erred because the evidence established that Dean had sufficient contacts with Alabama to support the Alabama courtâ

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Coastal Surgical Institute v. Charles Blevins

Insurance Code section 11583 provides that the applicable statute of limitations is tolled when advance or partial payment is made to an injured and unrepresented person without notifying him of the applicable limitations period. In this first impression case we hold that the tolling provisions of section 11583 apply to the one-year limitations period for medical malpractice actions.
Coastal S

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State of Oklahoma v. Cody Tyler Brinkley

The State of Oklahoma charged Cody Tyler Brinkley with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 02/06/2013

Party Name: Disposition Information:

BRINKLEY, CODY TYLER
Disposed: DEFERRED, 04/25/2013. Guilty Plea.
Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABO

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Mark S. Greenhaw v. Timothy John Siegfried, DPM and Metro Tulsa Foot and Ankle Specialists, P.L.L.C.

COMES NOW the plaintiff, Mark S. Greenhaw, by and through his attorneys of record,
Fred E. Stoops, Sr., Joel A. LaCourse, Karman J. Stoops, and the law firm of Stoops &
LaCourse, PLLC, upon information and belief, and for his causes of action and claims for relief
against Timothy John Siegfried, DPM, individually, (hereinafter “Dr. Siegfried”) and Metro
Tulsa Foot and Ankle Spe

More...   $1 (12-30-2014 - OK)

Susan W. Pennington v. Darnell Blackmon, M.D. and The Orthopedic Center

Susan W. Pennington sued Darnell Blackmon, M.D. and The Orthopedic Center on medical negligence (medical malpractice) and assault and battery theories.

The Court read the following statement of the case to the jury as part of the instructions to the jury:

"The Plaintiff suffered from a bunion on her left foot that required treatment and a surgical procedure. The Defendant perform

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State of Oklahoma v. Kevin Michle McGaugh

Stilwell, Adair County, OK - The State of Oklahoma charged Kevin Michle McGaugh with:

Count # 1.
Count as Filed: ABOFF, BATTERY/ ASSAULT & BATTERY ON POLICE OFFICER ( A FELONY) , in violation of 21 O.S. 646, 649-649.2, 650
Date Of Offense: 01/03/2013

Party Name: Disposition Information:

MCGAUGH, KEVIN MICHLE
Disposed: CONVICTION, 09/09/2014. Nolo Conte

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Maryangela Tobin v. Federal Express Corporation

Plaintiff-appellant Maryangela
Tobin sued defendant-appellee Federal Express Corporation (FedEx)
for invasion of privacy, infliction of emotional distress, and
negligence. After some preliminary skirmishing, FedEx asked the
district court to enter summary judgment in its favor on the
principal ground that the plaintiff's claims are barred by the
preemption provision of the

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State of Oklahoma v. Cody Tyler Brinkley

The State of Oklahoma charged Cody Tyler Brinkley with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 02/06/2013

Party Name: Disposition Information:

BRINKLEY, CODY TYLER
Disposed: DEFERRED, 04/25/2013. Guilty Plea.
Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABO

More...   $0 (04-25-2013 - OK)

Darryl Gumm v. Betty Mitchell, Warden

Petitioner Darryl Gumm is mentally retarded and has an IQ of
approximately 70. He was convicted by an Ohio jury for the kidnapping, attempted rape, and
murder of ten-year-old Aaron Raines. For these crimes, Petitioner was sentenced to death. His
convictions and sentences were affirmed on direct appeal, and his state post-conviction petition
was found to lack merit by the Ohio state

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Michael Bies v. Ed Sheldon

Petitioner Michael Bies (“Bies”) and respondent Warden (referred
to in this opinion as “the State”) cross-appeal the district court’s order granting conditionally in
part and denying in part Bies’ petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
No. 12-3431 Bies v. Sheldon Page 2
For the reasons that follow, we AFFIRM the district court’s grant of a

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United States of America v. Antonio Clark

Antonio Clark appeals the denial of his 28 U.S.C. § 2255 motion to vacate,
set aside, or correct his sentence. He argues that the district court erred in
rejecting his ineffective assistance of counsel claims and in relying on an
incomplete transcript of his change of plea hearing. Exercising jurisdiction under
28 U.S.C. §§ 1291 and 2253, we deny a certificate of appealability (

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United States of America v. Jayleen Armijo

Ms. Jayleen Armijo pleaded guilty to assault resulting in serious
bodily injury, as well as aiding and abetting that offense. She received a
24-month sentence, and a codefendant received probation. Ms. Armijo
appeals, arguing that the sentence was procedurally and substantively
unreasonable. We reject both arguments.
In the procedural challenge, Ms. Armijo contends that the dis

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United States of America v. Adrian Mike

Defendant Adrian Mike appeals his conviction for escape in violation of 18
U.S.C. § 751(a). Mike walked away from a halfway house where he was
confined as a condition of supervised release. He argues that such a violation
did not constitute “escape” from “confinement” within the meaning of § 751(a).
However, he also acknowledges to this court that such a contention is for

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Stan Lee Media, Inc. v. The Walt Disney Company

Over the course of the last three-quarters of a century, Marvel Enterprises
created a comic universe of unparalleled proportions. With comic-book legend
Stan Lee at the helm as editor-in-chief of its comic-book division, Marvel
constructed a fictional landscape of imaginative superheroes, elaborate narratives,
and overlapping storylines. During this time period, the commercial popu

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United States of America v. Peter Burkins

In 1995, after a jury convicted Peter Burkins on 15 counts involving cocaine
base, money laundering, and firearms offenses, the trial court sentenced him
under the mandatory sentencing guidelines to life imprisonment. On appeal, he
did not challenge the district court’s adoption of the presentence report’s (“PSR”)
relevant conduct finding of 8.88 kilograms of cocaine base.<

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Kenneth Davison v. Carolyn W. Colvin

Kenneth Davison appeals from an order of the district court affirming the
Commissioner’s decision denying his applications for disability benefits and
supplemental security income benefits under the Social Security Act. We exercise
jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we affirm.
* After examining the briefs and appellate record, this panel has determi

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United States of America v. Howard O. Kieffer

Defendant-Appellant Howard Kieffer has appealed from the district court’s
First, Third, and Fourth Amended Judgments sentencing him. After entering the
First Amended Judgment, the district court entered a Second Amended Judgment,
only to later vacate and replace it with the Third and Fourth Amended Judgments.
Mr. Kieffer asserts that the district court lacked authority to enter t

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Mesa Shopping Center-East, LLC v. Robert O. Hill

“[T]he party prevailing on the contract” in a breach of contract action is entitled to recover reasonable attorney fees if the contract “specifically provides” for such recovery. (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) But “there shall be no prevailing party” if “an action has been voluntarily dismissed” (Civ. Code, § 1717, subd. (b)(2)),

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Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant

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Michael Danko v. Terry O'Reilly

One of the original Field Code provisions enacted in 1872 still states: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any sui

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Candace Peterson v. John Andrew Armstrong

¶1 John Andrew Armstrong (Husband) appeals from the
Fourth District Court’s order entering a civil stalking injunction
against him and in favor of Candace Peterson (Grandmother).
1. The Honorable Pamela T. Greenwood and Russell W. Bench,
Senior Judges, sat by special assignment as authorized by law. See
generally Utah R. Jud. Admin. 11-201(6).
Peterson v. Armstrong
H

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R.B. v. L.B.

¶ 1 This case involves a child custody agreement made by divorcing parents. The agreement contemplated that L.B.
1. The Honorable Judith M. Billings, Senior Judge, sat by special assignment as authorized by law. See generally Utah R. Jud. Admin. 11-201(6).
R.B. v. L.B.
20130188-CA 2 2014 UT App 270
(Mother) would have custody of their minor son (Child) until he entered the seventh

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Ann Elaine Campbell v. City of Spencer

The City of Spencer (“Spencer”), the Town of Forest Park (“Forest Park”),
and Blaze’s Tribute Equine Rescue (“Blaze”)1 (collectively the “Municipalities”),
acting under a search warrant, seized 44 horses from Ann Campbell’s properties.
After a forfeiture hearing, a state district court in Oklahoma issued an order
granting Spencer and Forest Park’s joint forfei

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State of Utah v. Michael Adam Brown

¶1 L.N. is the alleged victim of the sex crimes charged in this criminal case against Michael Adam Brown. In the proceedings below, L.N. sought to intervene by filing a notice of a claim for restitution. The district court rejected L.N.’s filing on the ground that she was not a proper party and thus lacked standing to file pleadings. It also denied a parallel request for restitution filed by

More...   $0 (10-24-2014 - UT)

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