Res Ipsa Loquitur Law
 
Ronnie Pace v. Chester B. Whatley and Alice Faye Whatley

This is an appeal from the trial court’s order granting summary judgment in favor of appellees Chester B. Whatley and Alice Faye Whatley. On appeal, appellant Ronnie Pace contends the trial court erred in granting summary judgment because: (1) a “Mother Hubbard” clause in a bankruptcy court order precluded the Whatleys from re-asserting their claims in state court; and (2) there was no evide

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Saundra Carter v. City of Los Angeles and Mark Willits

Title II of the Americans with Disabilities Act (42 U.S.C. § 12132; the ADA), Section 504 the Rehabilitation Act of 1973 (29 U.S.C. § 794 et seq.; Section 504), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the California Disabled Persons Act (Civ. Code, § 54) prohibit discrimination against disabled individuals and require that public entities eliminate impediments to disabled acc

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Michael W. Lacey v. City of DeSoto, Texas; City of DeSoto Police Department and Texas Commission on Law Enforcement Officer Standards and Education

Michael W. Lacey appeals the trial court’s orders granting the Texas Commission on Law Enforcement Officer Standards and Education’s plea to the jurisdiction and granting the City of DeSoto’s motion to dismiss. The trial court lacked subject-matter jurisdiction over the suit, and therefore we will affirm its order dismissing Lacey’s suit against the Commission. We will also affirm the tria

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Thomas Sims and Raymond Campbell v. Patricia Hill Fitzpatrick and Richard Guion

This is the second appeal in this lawsuit brought against appellants Thomas Sims and Raymond Campbell by appellees Patricia Hill Fitzpatrick and Richard Guion. In the first appeal, we remanded for a new trial on damages. Sims v.

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Fitzpatrick, 288 S.W.3d 93, 96–97 (Tex. App.—Houston [1st Dist.] 2009, no pet.). After the case was remanded, the parties entered into a Rule 11 se

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Capcor at KirbyMain, L.L.C. v. Moody National Kirby Houston S, L.L.C d/b/a Moody National Kirby Houston, L.L.P and Moody National Title Company, L.P.

This appeal concerns the fiduciary responsibilities of a title insurer as escrow agent for a commercial real estate transaction. Appellant Capcor at KirbyMain, L.L.C., argues that the escrow agent—appellee Moody National Title Company,

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L.P.—breached its fiduciary duties by refusing to accept a cashier’s check to close Capcor’s purchase of a tract of unimproved land. Capcor

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State of Oklahoma v. Jessica Sandramarie Ney

State of Oklahoma v. Jessica Sandramarie Ney

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 06/03/2012

Party Name: Disposition Information:

NEY, JESSICA SANDRAMARIE
Disposed: DEFERRED, 12/10/2012. Guilty Plea.
Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABOFF)

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Tim Lors v. Jim Dean

Tim Lors sued his employer, the South Dakota Bureau of Information and Technology (BIT), and various state employees (collectively, "defendants"), alleging retaliation in response to a prior discrimination suit that he filed against the same defendants. Lors's complaint asserted jurisdiction under various federal statutes, including Titles I and V of the Americans With Disabilities Act of 1990 (AD

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United States ex rel. Jon H. Oberg v. Pennsylvania Higher Education Assistance Agency

This appeal returns to us after remand to the district court. Dr. Jon Oberg, as relator for the United States, brought this action against certain student loan corporations, alleging that they defrauded the Department of Education and so violated the False Claims Act (“FCA” or “the Act”), 31 U.S.C. §§ 3729 et seq. (2006). The district court initially dismissed the complaint in its entire

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United States of America v. Jerome Yazzie

Jerome Yazzie appeals the 40-year sentence he received after being convicted by a jury of several offenses, including two counts of carrying or using a firearm in relation to a crime of violence. See 18 U.S.C. § 924(c). On appeal he argues that the United States After examining the briefs and appellate record, this panel has determined unanimously to honor the parties’ request for a decision on

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The Estate of H. Kent Dahlke v. Jay D. Dahlke

[¶1] The Estate of J. Kent Dahlke included a checking account he held jointly with his surviving wife Sara Dahlke. There were irregularities in the administration of the estate, including failure to assure that the heirs waived a hearing on a decree of distribution, and failure to advise Sara Dahlke of her statutory elective share. Sara served as the personal representative of Kent’s estate. Af

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State of Oklahoma v. Joe Don Thompson

State of Oklahoma v. Joe Don Thompson

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 06/06/2012

Party Name: Disposition Information:

THOMPSON, JOE DON
Disposed: DEFERRED, 10/24/2012. Guilty Plea.
Count as Disposed:ASSAULT & BATTERY UPON A POLICE OFFICER (ABOFF)
Violation

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Magdy M. Youssef v. Tishman Construction Corporation, Turner Construction Company

This case concerns the proper application of Federal Rule of Civil Procedure 41(a), which governs the voluntary dismissal of an action. Youssef, the plaintiff and appellant, filed a qui tam action under the federal and New York

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False Claims Acts. Subsequently, before the defendants had filed an answer or had made a motion for summary judgment, the plaintiff sought to voluntarily di

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Ranger Abbott v. City of Paris, Texas and Kevin Carruth

This lawsuit, stemming from Ranger Abbott’s purchase in 2008 of a 7.77-acre tract of land (the Property) in Paris, Texas, is burdened with a complex history involving a previous lawsuit and appeal to this Court. Both suits concern attempts by Abbott to expand a mobile home park on the Property. When Abbott purchased the Property, approximately one-half of it was being used as a mobile home park

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Scott James Eizember v. State of Oklahoma

¶1 Appellant Scott James Eizember was tried by jury and convicted of Second Degree Felony Murder (Count I) (21 O.S. 2001, § 701.8(2)); First Degree Malice Murder (Count II) (21 O.S. 2001, § 701.7(A)); Assault and Battery with a Dangerous Weapon (Count III) (21 O.S. 2001, § 645); Shooting with Intent to Kill (Count IV) (21 O.S. 2001, § 652); First Degree Burglary (Count V) (21 O.S. 2001, §

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Michael Sanchez v. Carmax Auto Superstores California, L.L.C.

Michael Sanchez filed a complaint for wrongful termination against CarMax Auto Superstores California, LLC (CarMax). The trial court denied CarMax’s motion to compel arbitration, and CarMax appeals. We reverse.

BACKGROUND

Sanchez filed a complaint against CarMax on April 3, 2012, alleging wrongful termination, Labor Code and Business and Professions Code violations, breach of an im

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Lawrence Black v. 7-Eleven Convenience Stores

Lawrence Black appeals from the trial court’s order dismissing his case against 7-Eleven Convenience Stores for claims related to the towing of a truck from a 7-Eleven store’s parking lot. In addition, 1 he challenges the trial judge’s failure to recuse himself or refer the recusal matter to the presiding judge before the hearing on 7-Eleven’s motion to dismiss, as well as a later order de

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State of Oklahoma v. Pablo Andres Veloquio

State of Oklahoma v. Pablo Andres Veloquio

Count # 1.
Count as Filed: DU2TAM1, TRAFFICKING IN ILLEGAL DRUGS , in violation of 63 O.S. 2-415
Date Of Offense: 05/27/2012

Party Name: Disposition Information:

VELOQUIO, PABLO ANDRES
(After Prior Convictions)
Disposed: CONVICTION, 06/03/2013. Guilty Plea.
Count as Disposed:TRAFFICKING IN ILLEGAL DRUGS

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Becky L. Coats v. State of Utah, Department of Workforce Services

Becky Coats works for the Utah Department of Workforce Services as an
unemployment insurance eligibility specialist, but she’s long hoped for another job.
In fact, since 2000 she’s applied for no fewer than 40 other positions within the
Department, only to be turned down each time. She alleges that’s not because there
have been better available applicants but because of age d

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Janice K. Horn v. Health Management Associates, Inc., Midwest Regional Medical Center, LLC and Midwest City HMA Physician Management, L.L.C.

COMES NOW the Plaintiff, Janice Kay Horn, Personal Representative of the Estate of Vada McLaughlin, deceased, and for her cause of action against the Defendants, Health Management Associates, Inc., a Michigan corporation, Midwest Regional Medical Center, LLC, an Oklahoma Limited Liability Company, and John Does 1-10, alleges and states as follows:

1. Plaintiff, Janice Kay Horn, is the Per

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Kevin Ficke v. Tommy Ratliff

Kevin Ficke appeals a district-court judgment granting the appellees’ plea to the jurisdiction based on governmental immunity and dismissing his claims against the Hays County Sheriff’s Department and the Hays County District Attorney’s Office (collectively, Hays County).1 Ficke contends that Hays County waived immunity by its conduct. The parties are familiar with the facts, procedural hist

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Antelope Coal Company/Rio Tinto Energy America v. Rolland E. Goodin

Rolland E. Goodin worked at surface coal mines for 25 years and smoked cigarettes for more than 40 years. He developed a respiratory condition and filed for benefits under the Black Lung Benefits Act (“BLBA”). 30 U.S.C. §§ 901, et seq. An Administrative Law Judge (“ALJ”) awarded Mr. Goodin benefits. His employer, Antelope Coal Company/Rio Tinto Energy America (“Antelope”), appealed,

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State of Oklahoma v. Kyle Wade Stromme v. Kyle Wade Stromme a/k/a Aaron Kelly

State of Oklahoma v. Kyle Wade Stromme v. Kyle Wade Stromme a/k/a Aaron Kelly

Count # 1.
Count as Filed: BRG2, BURGLARY - SECOND DEGREE , in violation of 21 O.S. 1435
Date Of Offense: 05/23/2012

Party Name: Disposition Information:

STROMME, KYLE WADE
(After Prior Convictions)
Disposed: CONVICTION, 07/09/2012. Guilty Plea.
Count as Disposed:BURG

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State of Oklahoma v. Damon Todd Carrero

State of Oklahoma v. Damon Todd Carrero

Count # 1.
Count as Filed: WE1, POSSESSION OF SAWED-OFF SHOTGUN / RIFLE , in violation of 21 O.S. 1289.18
Date Of Offense: 05/19/2012

Party Name: Disposition Information:

CARRERO, DAMON TODD
Disposed: DISMISSED, 08/09/2012. Dismissed- Prosecution Witness Failed to Appear.
Count as Disposed:POSSESSION OF SAWED

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Michael M. Euler v. Miles Marks and Texas Dow Employees Federal Credit Union

Michael Euler appeals the trial court’s rendition of a summary judgment in favor of Appellees Texas Dow Employees Federal Credit Union and Miles Marks. A pro se Euler sued Appellees, asserting various claims regarding the allegedly improper foreclosure of his home. Appellees jointly moved for summary judgment

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on no-evidence and traditional grounds, and the trial court granted the

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Pamela Lombana, as Trustee of the Fernando Lombana Investment Trust 10-6-98; Pamela Lombana, as Trustee of the Christina Elisa Lombana Trust Agency; Pamela Lombana, as Trustee of the Natalia Elizabeth Lombana Trust Agency; and Pamela Lombana, as trustee v. AIG American General Life Insurance Company f/k/a The Old Line Life Insurance Company of America

Appellant, Pamela Lombana (“Lombana”), acting as the trustee of the Fernando Lombana Investment Trust 10-6-98, the Christina Elisa Lombana Trust Agency, the Natalia Elizabeth Lombana Trust Agency, and the Nicholas Fernando Lombana Trust Agency, challenges the trial court’s rendition of summary judgment in favor of appellee, AIG American General Life Insurance Company, on her claims against A

More...   $0 (02-27-2014 - TX)

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