Res Ipsa Loquitur Law
 
Christina I. Petersen v. Bank of America

This appeal, after a successful demurrer for misjoinder, tests the limits of California’s permissive joinder statute, section 378 of the Code of Civil Procedure.1 There are no less than 965 plaintiffs listed in the caption of the third amended complaint. Strictly speaking, though, this is a “mass action,” not a “class action.” Had this case been filed prior to 2005, in all probability it

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Emmanuel Ellul v. Congregation of Christian Brothers, Order of the Sisters of Mercy, Catholic Religious Order

In Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659 (2013), the Supreme
Court held that, with very limited exceptions, the Alien Tort Statute, 28 U.S.C. §
1350 (“ATS”), does not apply extraterritorially to conduct that occurs outside the
United States. 133 S. Ct. at 1665. The actions that form the basis of this case
occurred far from the United States and many decades ago.

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South Kingstown School Committee v. Joanna S.

The Individuals with Disabilities
Education Act, or IDEA, 20 U.S.C. § 1400 et seq., is a landmark
federal statute now twenty-five years old. It offers federal funds
to states that agree to provide protections to make sure disabled
children receive a "free appropriate public education." Id.
§ 1412(1). Rhode Island, where this case arose, accepted IDEA
funding and thus agre

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William D. Layton v. City of Fort Worth, City of Fort Worth Employees' Retirement Fund, and Board of City of Fort Worth Employees' Retirement Fund

Appellant XTRA Lease LLC appeals the trial court’s order vacating a foreign judgment that it had domesticated in Texas pursuant to the Uniform Enforcement of Foreign Judgments Act (UEFJA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 35.001‒.008 (West 2008 & Supp. 2014). We will affirm.
1See Tex. R. App. P. 47.4.
2
In July 2012, XTRA entered into an Equipment Lease Agreement (ESL) wit

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Jonathan Wasserberg v. Res-Tx One, LLC

In this appeal, appellant Jonathan Wasserberg challenges the trial court’s finding that a partial summary judgment awarding damages against him for breach of a guaranty agreement was made final by nonsuit of all other parties. Wasserberg also challenges the trial court’s nunc pro tunc modification of its summary judgment order to state expressly that it is final, as well as the merits of the s

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State of Oklahoma v. Michael Devin Stanley

The State of Oklahoma charged Michael Devin Stanley with:

Count # 1.
Count as Filed: FFP, FALSELY PERSONATE ANOTHER TO CREATE LIABILITY , in violation of 21 O.S. 1531.4
Date Of Offense: 01/31/2013

Party Name: Disposition Information:

Defendant: STANLEY, MICHAEL DEVIN
Disposed: DISMISSED WITH COSTS, 04/22/2013. Dismissed with Costs.
Count as Disposed:F

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State of Washington v. Mason Iopu Filitaula

Allowing litigants to exercise peremptory challenges in
writing does not implicate the public trial right when a public record is kept
showing which jurors were challenged and bywhich party.
On July 23, 2011, Joshue Tamblin exchanged argumentative text
messages with his former girl friend, demanding the return of property. Her
current boyfriend, Jeremy Gains, intervened in the

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Isom Hill v. Shelly K. Dakil, aka Shelly Dakil, aka Michelle Dakil

Plaintiff alleges and states as follows:
I. 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 through the course of discovery. Defendant John Doe is an

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Derma Pen, LLC v. 4Everyoung Limited

Two companies, Derma Pen, LLC and 4EverYoung, entered a sales
distribution agreement. Under the agreement, Derma Pen, LLC obtained
the exclusive right to use the DermaPen trademark in the United States.
4EverYoung had a contractual right of first refusal, allowing purchase of
Derma Pen, LLC’s U.S. trademark rights upon termination of the
distribution agreement. Derma Pen, LLC

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The State of Texas v. Valerie Saxion, Inc.

In two issues in this accelerated interlocutory appeal, Appellants the State of Texas and Greg Abbott, in his official capacity as Attorney General of the State of Texas (collectively, the State) argue that the trial court erred by denying their
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plea to the jurisdiction on the Free Exercise and federal Religious Freedom Restoration Act (RFRA) claims of Appellees Valerie Saxion, Inc. and

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The People v. Wenonah Karen Parker

In 2000, defendant and appellant Wenonah Karen Parker was found guilty, but
not guilty of various crimes by reason of insanity. (Pen. Code, § 1026.)1 Defendant
was committed to Patton State Hospital (Patton). In 2011, the trial court granted
defendant outpatient status. (§ 1026.2.) The outpatient agencies refused to accept
defendant due to her behavior and mental condition. As a

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TFO Realty, L.L.C. v. Philip S. Smith

This is a suit to recover a broker’s commission following the sale of a property to the City of Dallas. TFO Realty, LLC appeals from adverse summary judgment rulings. In a single issue, TFO Realty argues the trial court erred by denying its motion for summary judgment and by granting the summary judgment motion filed by Philip S. Smith. We affirm the trial court’s judgment.
The facts of th

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Deborah Parton and Howard Parton v. Shelly Willis a/k/a Michelle Willis

alleges
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 course of discovery. Defendant John Doe is an entity that transacts business/engages in comme

More...   $50000 (11-05-2014 - OK)

Joy Watkins v. Youa Yang

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 through the course of discovery. Defendant John Doe is an entity that transacts business/engages in com

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Ashley Lizotte v. Karen Lynn Osborne

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 through the course of discovery. Defendant John Doe is an entity that transacts business/engages in com

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Toriano Robinson v. Timothy Aaron Reeves

I. 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 Okmulgee County, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unlcnown now, but may be revealed through the course of discovery. Defendant John Doe is an entity that transacts business/engages in

More...   $25000 (11-10-2014 - OK)

Dayna Cotter v. Casaundra C. Parham a/k/a Casaundra Parham

1. Plaintiff was at all material times a resident of Broken Arrow, Oklahoma.
2. Defendant Parham was at all material times upon information and belief a resident of Broken Arrow, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknown now, but may be revealed through the course of discovery. Defendant John Doe is an entity that transacts business/engages

More...   $1 (11-21-2014 - OK)

State of Oklahoma v. Dejuan Lee Montgomery

The State of Oklahoma chaged Dejuan Lee Montgomery with:

Count # 1.
Count as Filed: OWPN, POSSESSION OF FIREARM AFTER JUVENILE ADJUDICATION , in violation of 21 O.S. 1283 D
Date Of Offense: 01/27/2013

Party Name: Disposition Information:

MONTGOMERY, DEJUAN LEE
Disposed: DISMISSED, 04/18/2013. Dismissed by Court.
Count as Disposed:POSSESSION OF FIREARM

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The State of Oklahoma v. Damarius Devonte Turner

The State of Oklahoma charged Damarius Devonte Turner with:

Count # 1.
Count as Filed: LA4, POSSESSION OF STOLEN VEHICLE , in violation of 47 O.S. 4-103
Date Of Offense: 01/27/2013

Party Name: Disposition Information:

TURNER, DAMARIUS DEVONTE
Disposed: DEFERRED, 05/06/2013. Guilty Plea.
Count as Disposed:POSSESSION OF STOLEN VEHICLE (LA4)
Violati

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William B. Acheff v. United States of America

After a bench trial, the district court found that Mr. Jon Edelman owed the
federal government over $334.8 million for delinquent income tax obligations and
had funneled $1,601,000 from one trust (Delos Trust) to a second trust (Edelman
Trust). These findings led the court to grant the federal government a constructive
trust on the Edelman Trust’s current and future assets up to

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Gene L. Mattox v. Life Care Centers of America, Inc. d/b/a Life Care of Lewiston

This is a medical malpractice case arising out of the treatment of Rosamond Mattox at Life Care of Lewiston (LCL). The plaintiff-appellant, Rosamond’s son Gene Mattox, claimed that LCL’s sub-standard care caused his mother’s death. The district court excluded Gene’s experts’ affidavits after concluding that they failed to demonstrate actual knowledge of the applicable standard of health

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Christian Westby v. Gregory Schaefer, M.D. and Mercy Medical Center, NAMPA

Christian Westby, James Westby, and Kristina Westby (collectively “the Westbys”) permissively appealed the Canyon County district court’s denial of the Westbys’ motion to reconsider the court’s protective order granted to Mercy Medical Center and Dr. Gregory Schaefer.
This case arose from the Westbys’ claim that Dr. Schaefer’s and Mercy Medical’s negligence resulted in lifelong

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In re Marriage of CHARLES D. and CONNIE A. McHUGH

Appellant Charles D. McHugh filed an order to show cause asking the trial court to reduce his child support obligations because he lost his job as a commissioned salesman and his new job paid considerably less.1 In opposing Charles’s request, respondent Connie A. McHugh countered by asking the trial court to increase support because Charles lost his job for diverting business from his employer t

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State of Oklahoma v. Svetlana Renae Tyser

Tulsa County, OK - The State of Oklahoma charged Svetlana Renae Tyser with:

Count # 1.
Count as Filed: FFP, FALSELY PERSONATE ANOTHER TO CREATE LIABILITY , in violation of 21 O.S. 1531.4
Date Of Offense: 01/19/2013

Party Name: Disposition Information:

TYSER, SVETLANA RENAE
Disposed: DEFERRED, 03/28/2014. Guilty Plea.
Count as Disposed:FALSELY PERSO

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Chirstus Spohn Health System Corporation d/b/a Christus Spohn Hospital-Corpus Christie-Memorial

By one issue, appellant Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi–Memorial (hereinafter “Christus Memorial”) appeals the trial court’s denial of its plea to the jurisdiction related to a medical negligence lawsuit
2
brought against it and others by appellee Angela Young. We reverse and render.
I. BACKGROUND
Young filed suit agains

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