Res Ipsa Loquitur Law
 
Cindy Lee Garcia v. Google, Inc.

While answering a casting call for a low-budget amateur film doesn’t often lead to stardom, it also rarely turns an aspiring actress into the subject of a fatwa. But that’s exactly what happened to Cindy Lee Garcia when she agreed to act in a film with the working title “Desert Warrior.” The film’s writer and producer, Mark Basseley Youssef—who also goes by the names Nakoula Basseley N

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United States of America v. Thomas William Sim

Thomas William Sim appeals his sentence following a guilty plea to one count of bank robbery and a judicial finding that he violated the terms of his previously imposed supervised release. Exercising jurisdiction under 18 U.S.C. § 3742(a) and 28 U.S.C. § 1291, we affirm.

* At the parties’ request, the case is unanimously ordered submitted without oral argument pursuant to Fed. R. App. P

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State of Oklahoma v. Jennifer Pierson

State of Oklahoma v. Jennifer Pierson

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 04/21/2012

Party Name: Disposition Information:

PIERSON, JENNIFER
(After Prior Convictions)
Disposed: CONVICTION, 06/27/2012. Guilty Plea.
Count as Disposed:RESISTING ARREST (RES)
Vio

More...   $0 (06-27-2012 - OK)

State of Oklahoma v. Felicia Michelle Runnels

State of Oklahoma v. Felicia Michelle Runnels

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 05/05/2012

Party Name: Disposition Information:

RUNNELS, FELICIA MICHELLE
Disposed: CONVICTION, 06/27/2012. Guilty Plea.
Count as Disposed:RESISTING ARREST (RES)
Violation of 21 O

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Azita Behnam v. Jafar Mamaghani Zaedh

Azita Behnam, the former wife, challenges a final summary judgment entered in a dissolution of marriage proceeding. Because there was no motion for summary judgment before the trial court, entry of an order granting such was in error. Accordingly, we reverse and remand for further proceedings.

The parties were married in Iran in 1981. After separating in August 2009,
the former wife l

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R.S. Silver Enterprises, Inc. v. Henry Pascarella

In this breach of contract action, the defendants, Henry Pascarella and Riversedge Partners,1 appeal from the judgment rendered by the trial court, Hon. Alfred J. Jennings, Jr., judge trial referee, following a court trial, in favor of the plaintiff, R.S. Silver Enterprises, Inc. On appeal, the defendants claim, inter alia, that the trial court, Downey, J., erred in striking certain of their speci

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State of Oklahoma v. Kathryn Ann Russell

State of Oklahoma v. Kathryn Ann Russell

Count # 1.
Count as Filed: DI7, ACTUAL PHYSICAL CONTROL OF VEHICLE WHILE INTOXICATED , in violation of 47 O.S. 11-902
Date Of Offense: 05/01/2012

Party Name: Disposition Information:

RUSSELL, KATHRYN ANN
(After Prior Convictions)
Disposed: DEFERRED, 02/27/2013. Guilty Plea.
Count as Disposed:ACTUAL PHYSI

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State of Oklahoma v. Cody Wayne Bell

State of Oklahoma v. Cody Wayne Bell

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 05/06/2012

Count # 2.
Count as Filed: DI1M, DUI ALCOHOL (MUNICIPAL ARREST) , in violation of 47 O.S. 11-902(A)(2)
Date Of Offense: 05/06/2012

Count # 3.
Count as Filed: RES, RESISTING AN OF

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Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez v. Joseph Morris McKellar, M.D., d/b/a O.B. Associates; Carter J. Moore, M.D.; Carter J. Moore, M.D., P.A.; Rebecca Thomas, CRNA; Clinical Partners, P.A.- Mt. Pleasant, and Titus Regional Medical Center

In this medical negligence case, Maria Cervantes, Individually and as Next Friend of Alek Gonzalez, and Omar Gonzalez, Individually and as Next Friend of Alek Gonzalez,1 appeal the trial court’s order granting Titus Regional Medical Center’s plea to the jurisdiction. We affirm the judgment of the trial court.

I. Factual and Procedural Background

Cervantes was admitted to Titus Re

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Elizabeth Sangrey Gray and Tommy Dean Gray, Jr. v. Verna Pauline Sangrey

Verna Pauline Sangrey1 brought suit against her daughter, Elizabeth Sangrey Gray, and her son-in law, Tommy Dean Gray, Jr. (collectively referred to as the Grays), seeking to impose a constructive trust against a house and lot that had been deeded to the Grays. Specifically, Sangrey alleged that the parties had a mutual understanding whereby the Grays would take out a loan to purchase the house an

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The City of San Antonio v. The Rogers Shavano Ranch, Ltd.

The sole issue presented in this appeal is whether a trial court has jurisdiction to award attorney’s fees under the Uniform Declaratory Judgments Act in a lawsuit filed against a city by developers seeking to enforce their vested rights under Chapter 245 of the Texas Local Government Code. Because we hold that the recovery of attorney’s fees from the city under the UDJA is incidental to and r

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Ovidio Garcia, Jr. v. Omar Escobar

In this restricted appeal, appellant Ovidio Garcia Jr., pro se, challenges the trial court’s summary judgment rendered in favor of appellees, Omar Escobar et al., in a declaratory judgment action. We affirm.

2

I. BACKGROUND

In 1991, Garcia and Eustorgio Guzman Resendez were indicted for the capital murders of Ruben Piña, Gregorio Piña, Alejandro Garcia, and Juan Arguelles.

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United States of America v. Xochitl Garcia-Santana

The government appeals the dismissal of Xochitl Garcia- Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary relief from removal. We affirm. In doing so, we hold that the generic definition of “conspiracy” under the

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M.R.; J.R., Parents of Minor Child E.R.

The ―stay-put‖ provision of the Individuals with Disabilities Education Act (―IDEA‖) states that a disabled child shall remain in his or her current educational setting

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during the pendency of proceedings to resolve a dispute over the child‘s placement. See 20 U.S.C. § 1415(j). This case requires us to decide two issues of first impression in this Circuit concerning the o

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State of Oklahoma v. Joshua Kevin Ulrich a/k/a Joshua Kevin Ulrich

The State of Oklahoma charged Joshua Kevin Ulrich a/k/a Joshua Kevin Ulrich with:

Count # 1.
Count as Filed: DU8M, UNLAWFUL POSSESSION OF CONTROLLED DRUG , in violation of 63 O.S. 2-402
Date Of Offense: 05/07/2012

Party Name: Disposition Information:

ULRICH, JOSHUA KEVIN
(After Prior Convictions)
Disposed: CONVICTION, 07/30/2013. Guilty Plea.
C

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State of Oklahoma v. Melissa Sue Gattis and Roel Alaniz, Jr.

The State of Oklahoma charged Melissa Sue Gattis and Roel Alaniz, Jr. with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 05/05/2012

Party Name: Disposition Information:

GATTIS, MELISSA SUE
(After Prior Convictions)
Disposed: CONVICTION, 07/11/2012. Guilty Plea.
Count as

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State of Oklahoma v. Jennifer Pierson

The State of Oklahoma charged Jennifer Pierson with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 04/21/2012

Party Name: Disposition Information:

PIERSON, JENNIFER
(After Prior Convictions)
Disposed: CONVICTION, 06/27/2012. Guilty Plea.
Count as Disposed:RESISTING ARRES

More...   $0 (06-27-2012 - OK)

State of Oklahoma v. Felicia Michael Runnels

The State of Oklahoma charged Felicia Michael Runnels with:

Count # 1.
Count as Filed: ABOFF, ASSAULT & BATTERY UPON A POLICE OFFICER , in violation of 21 O.S. 649
Date Of Offense: 05/05/2012

Party Name: Disposition Information:

RUNNELS, FELICIA MICHELLE
Disposed: CONVICTION, 06/27/2012. Guilty Plea.
Count as Disposed:RESISTING ARREST (RES)
Vio

More...   $0 (06-27-2012 - OK)

Brian Yost v. Wabash College, Phi Kappa Psi Fraternity - Indiana Gamma Chapter at Wabash College, et al.

The plaintiff, a college freshman and fraternity pledge, filed this personal injury action seeking damages from his college, his campus fraternity, its national organization, and a student

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fraternity member for personal injuries sustained in an incident at the fraternity house. We re-verse the trial court's grant of summary judgment for the campus fraternity but affirm the gran

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Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc.

This case requires us to determine when
a reviewing court properly may raise and decide an
issue that was not raised by the parties. The plaintiff,
Blumberg Associates Worldwide, Inc., brought this
action against the defendants, Brown and Brown of
Connecticut, Inc. (Brown & Brown), and Brown and
Brown, Inc. (parent company), alleging, inter alia, that
the defendants had

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John McClare v. James J. Rocha

[¶1] John McClare appeals from a judgment entered by the Superior Court (Penobscot County, A. Murray, J.) granting James J. Rocha’s motion for summary judgment on McClare’s claim for specific performance of an alleged contract to sell real estate. McClare argues that the court erred in concluding that the emails between McClare and Rocha did not contain all the material terms necessary to for

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Nicole Dussault v. RRE Coach Lantern Holdings

[¶1] Nicole Dussault appeals from a summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in favor of RRE Coach Lantern Holdings, LLC, and Resource Real Estate Management, Inc. (collectively, Coach Lantern). Dussault claims that Coach Lantern’s policy of not including in its standard lease a tenancy addendum that binds the landlord to the requirements of the federal gover

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Robert F. Almeder v. Town of Kenneburkport

[¶1] Robert F. Almeder and twenty-eight other owners of property fronting Goose Rocks Beach in Kennebunkport (the Beachfront Owners) appeal from a decision of the Superior Court (York County, Brennan, J.) awarding the public a recreational easement over both the intertidal and dry sand portions of the Beach. The Beachfront Owners argue that the court erred in (1) permitting the State and neighbor

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State of Oklahoma v. Steven Tyler Rholing and William Roy Flowers

The State of Oklahoma charged Steven Tyler Rholing and William Roy Flowers with:

Count # 1.
Count as Filed: LA4, POSSESSION OF STOLEN VEHICLE , in violation of 47 O.S. 4-103
Date Of Offense: 04/29/2012

Party Name: Disposition Information:

FLOWERS, WILLIAM ROY
Disposed: CONVICTION, 06/12/2012. Guilty Plea.
Count as Disposed:JOYRIDING (OPER)
Viol

More...   $0 (07-25-2012 - OK)

Jeramine Eitel v. John Horobec

In five issues,2 Appellants Jeramie Eitel, d/b/a Jeraco Investments and as agent for Cliff’s Star Construction, LLC; Jenson Gainer; and Otis Bakke

1See Tex. R. App. P. 47.4.

2

challenge the trial court’s summary judgment rendered in favor of Appellee John Horobec. We will affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

The summary judgment evidence established

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