Res Ipsa Loquitur Law
 
Brandon Alberts, et al. v. The Board of County Commissioners of Jefferson County, Colorado, et al.

Current and former employees (Employees) of the Jefferson County Sheriff’s
Office (County) brought a collective action under the Fair Labor Standards Act (FLSA),
alleging they were paid overtime at a lower rate than required by the statute during 2010,
2011, and 2012. The district court granted the County’s motion to dismiss the
Employees’ Third Amended Complaint and the Empl

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Visiting Nurse Association of Florida, Inc. v. Jupiter Medical Center, Inc.

Visiting Nurse Association of Florida, Inc., seeks review of the decision of the Fourth District Court of Appeal in Jupiter Medical Center, Inc. v. Visiting Nurse Ass’n of Florida, Inc., 72 So. 3d 184 (Fla. 4th DCA 2011), on the ground that it expressly and directly conflicts with a decision of the Fifth District Court of Appeal in Commercial Interiors Corp. of Boca Raton v. Pinkerton & Laws, In

More...   $0 (11-06-2014 - FL)

Waterford Harbor Master Association v. Michael Landolt and Ann Wismer

Appellant, Waterford Harbor Master Association (“Waterford”), appeals a final judgment rendered in a suit for declaratory relief and monetary damages filed by appellees, Michael Landolt and wife, Ann Wismer, (“the Landolts”), and on Waterford’s counterclaim for declaratory relief. We affirm in part, and reverse and render in part.
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I. BACKGROUND
Waterford Harbor is a subdivi

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Haley Colombo v. BRP US, Inc.

Defendants and appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appeal a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel (hereafter referred to individually by first name or
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collectively as plaintiffs). Because plaintiffs were not wearing a wetsuit bottom or similar protective clothing, Haley sustained serious and p

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Melissa Ford Bierwirth v. AH4R I TX, LLC

Melissa Ford Bierwirth appeals the county court’s final judgment granting AH4R I TX, LLC, possession of a residential property in Katy, Texas, after a bench trial. We affirm.
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Background
In 2005, Bierwirth, then known as Melissa Ford, executed a promissory note and deed of trust granting Fieldstone Mortgage Company a security interest in a property located in Katy, Texas. The deed o

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Mark Mitchell v. Wright Medical Technology, Inc., Wright Medical Group, Inc.a nd Vytautas Ringus, M.D.

NOW COMES Plaintiff, Mark Mitchell, for his Petition against the Defendants Wright Medical Technology, Inc., Wright Medical Group Inc., and Vytautas Ringus, M.D., (hereinafter collectively called “Defendants”), and hereby alleges and states the following:
PARTIES AND SERVICE
1. Plaintiff, Mark Mitchell, is an individual whose domicile is in Custer County, Oklahoma.
2. Defendant, Wr

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Wildearth Guardians v. United States Environmental Protection Agency

This appeal grows out of the Clean Air Act. In an effort to comply with
the statute, three states (New Mexico, Utah, and Wyoming), one city (City of
Albuquerque), and one county (Bernalillo County) adopted a regional cap-and4
trade program regulating sulfur-dioxide emissions over the Colorado Plateau.1
Under this program, each participant obtained a ceiling on sulfur-dioxide
em

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Jerry Killingsworth v. The Housing Authority of the City of Dallas

This appeal arises out of Jerry Killingsworth’s contention that the Housing Authority of the City of Dallas (DHA) backed out of a deal to hire him as the DHA’s President and Chief Executive Officer. Killingsworth claims that despite having a written employment contract offering him the position, the DHA yielded to political pressure to retain then-DHA President Ann Lott and refused to allow hi

More...   $0 (10-14-2014 - )

Allen Johnson v. Peggy Ann Gomez

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, 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

More...   $1 (09-17-2014 - OK)

Cynthia Ann Wisely, Collin Wisely and Larry Wisely v. Jame Catherine Dollar a/k/a Jayme C. Dollar a/k/a Jayme Dollar

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 information and belief a resident of Rogers 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

More...   $1 (09-09-2014 - OK)

Stacy Sims v. Virginia Louis Young

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, Oklahoma.
3. Defendant John Doe, a business entity, is a business whose identity is unknown now, but maybe revealed through the course of discovery. Defendant John Doe is an e

More...   $1 (09-02-2014 - OK)

Glen Murphy v. Adolfo C. Dulay

This appeal involves a federal preemption challenge to a Florida statute requiring presuit actions by an individual plaintiff before he may bring a medical Case: 13-14637 Date Filed: 10/10/2014 Page: 1 of 36
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negligence claim in Florida state court. The district court held that one of those presuit requirements in Florida Statute § 766.1065—that the plaintiff execute a written authoriz

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Jennifer Raspardo, et al. v. John Carlone, et al.

11 Plaintiffs‐Appellees (the “plaintiffs”), two former and one
12 current female New Britain police officers, brought suit in the
13 United States District Court for the District of Connecticut against
14 the City of New Britain, its police department, the police union, and
15 five individual police supervisors under Title VII of the Civil Rights
16 Act of 1964, 42 U.S.C.

More...   $0 (10-13-2014 - CT)

Susan Latta v. C.L. Otter, "Butch"; Governor of the State of Idaho

Both Idaho and Nevada have passed statutes and enacted constitutional
amendments preventing same-sex couples from marrying and refusing to recognize
same-sex marriages validly performed elsewhere.2 Plaintiffs, same-sex couples
1A disposition in Jackson v. Abercrombie, Nos. 12-16995 & 12-16998, is
forthcoming separately.
2Idaho Const. Art. III, § 28 (“A marriage between a man

More...   $0 (10-07-2014 - ID)

David Eron Bouknight v. Cynthia Dianne Bouknight

David Eron Bouknight appeals from a final judgment approving the final accounting of the proceeds from the sale of a pickup truck. The pickup was the sole property awarded David in the final decree of divorce entered in this case. David’s points of error are overruled, and the judgment of the trial court is affirmed.
I. Background
David had been married to Cynthia Dianne Bouknight for ov

More...   $0 (10-02-2014 - TX)

Crystal Monique Lightfoot v. Cendant Mortgage Corporation

Plaintiffs Beverly Ann Hollis-Arrington and Crystal
Monique Lightfoot appeal the district court’s judgment
dismissing their claims against the Federal National Mortgage
Association (“Fannie Mae”). They argue that the district
court lacked subject matter jurisdiction over their claims. We
disagree. Under the rule announced in American National
Red Cross v. S.G., 505 U.

More...   $0 (10-02-2014 - CA)

Equal Employment Opportunity Commission v. Peabody Western Coal Company; Navajo Nation, Rule 19 Defendant

Peabody Western Coal Co. (“Peabody”) mines coal at the
Black Mesa Complex and Kayenta mines on the Hopi and
Navajo reservations in northeastern Arizona under leases with
the tribes. At issue in this appeal are two leases with the
Navajo Nation (“the Nation”) that permit Peabody to mine
coal on Navajo reservation land. Each lease requires Peabody
to give preference i

More...   $0 (09-26-2014 - AZ)

Bell County, Texas v. Tom Kozeny

Appellee Tom Kozeny sued Appellant Bell County, asserting a Whistleblower
claim. The trial court denied Bell County’s plea to the jurisdiction. Asserting one issue,
Bell County appeals. We will reverse and remand.
A county’s immunity from suit defeats a trial court’s subject-matter jurisdiction;
thus, it is properly asserted in a plea to the jurisdiction. See Tex. Dep’t of

More...   $0 (09-25-2014 - TX)

Friends of the Wild Swan v. Chip Weber

These environmental appeals for injunctive relief bring
virtually identical challenges to two logging projects in
Montana’s Flathead National Forest: the Weber case
challenges the United States Forest Service’s (“Forest
Service” or “Service”) decision to authorize the Spotted Bear
River Project, and the Christiansen case challenges the
Soldier Addition II Projec

More...   $0 (09-24-2014 - MT)

Gerald K. Johnson v. Frederick M. Evans and Christine G. Evans

Gerald K. Johnson, appearing pro se, appeals the trial court’s judgment denying his request for partition of a 45.59 acre tract and a permanent injunction against Frederick M. Evans and Christine G. Evans. In ten issues, Johnson contends the trial court erred in its judgment. We affirm.
BACKGROUND
Several years before Johnson filed the underlying suit, the Evanses filed an action seeking

More...   $0 (09-18-2014 - TX)

Dr. Bruce Prescott, et al. v. Oklahoma Capitol Preservation Commission

Oklahoma City, OK - Motion for summary judgment against ACLU lawsuit challenging the constitutionally of placing Ten Commandments monument on public property next to Oklahoma state capitol building sustained by Oklahoma County, Oklahoma District Judge Thomas Prince.

____________________________________________________

Copies of the pleadings and motions filed by the parties are s

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William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins and Tom Roberts

In this case, both sides—William R. Knoderer and wife, Susan M. Knoderer, as plaintiffs (collectively, the Knoderers), and State Farm Lloyds, Penni Perkins, and Tom Roberts, as defendants (collectively, State Farm)—have gone to remarkable lengths in fighting an insurance dispute over a house flooded by a leak in its plumbing system. The record reveals voluminous discovery, the substantial use

More...   $0 (09-19-2014 - OK)

Lee Ann Wheelbarger v. City of El Lago and Richard Smith

This appeal arises from a claim by appellant Lee Ann Wheelbarger that the appellees, the City of El Lago and Richard Smith (sued in his official capacity only), violated her constitutional right to due process in determining that a condominium complex in which she owned a unit had been “substantially
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damaged” by Hurricane Ike. She claimed that this determination, communicated in a le

More...   $0 (09-18-2014 - TX)

State of Oklahoma v. James Robert Newell

The State of Oklahoma charged James Robert Newell with:

Count # 1.
Count as Filed: DI6AM, DUI ALCOHOL - SECOND OFFENSE (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902 A 2
Date Of Offense: 01/01/2013

Party Name: Disposition Information:

NEWELL, JAMES ROBERT
(After Prior Convictions)
Disposed: DEFERRED, 07/09/2013. Guilty Plea.
Count as Dispo

More...   $0 (01-07-2013 - OK)

Ananda Kelkar v. Mary B. Kelkar

Family Code section 4325 establishes a rebuttable presumption against an award of spousal support to a spouse who has been convicted of an act of domestic violence against the other spouse.1 Here we must determine whether the family court erred in terminating spousal support to a wife where the wife pleaded no contest to and was convicted of an act of domestic violence before enactment of section

More...   $0 (09-10-2014 - CA)

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