Licensee Law
 
In the Interest of A. S., J. D., and S. D., Children

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss
2
in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; an... More...
   $0 (11-13-2014 - TX)

QuikTrip Corporation v. Glenn Goodwin, Individually and on Behalf of the Estate of Melanie Therese Goodwin, and Peggy Goodwin, Individually and on Behalf of the Estate of Melanie Therese Goodwin

On an early morning in September 2007, Ernesto Reyes saw nineteen-year-old Melanie Therese Goodwin at a QuikTrip store, briefly spoke with her, entered her car, and brutally raped and murdered her away from the store. A split jury found appellant QuikTrip Corporation liable for Melanie’s tragic death and awarded damages to appellees Glenn Goodwin and Peggy Goodwin, each appearing individually an... More...   $0 (11-13-2014 - TX)

Brett A. Fiorini v. City Brewing Company, LLC

Ron A. Fiorini (Fiorini), a 23-year-old college student at Fresno Pacific University, was shot to death by police on October 5, 2010, after drinking two 23.5-ounce cans of Four Loko.
Fiorini’s father, Brett Fiorini (plaintiff), sued City Brewing Company, LLC (City Brewing), the company that brewed, bottled, and labeled Four Loko, for negligence and strict liability. He alleged a single can o... More...
   $0 (11-06-2014 - CA)

United States of America v. Shakil Miller, Jon Henry, and Corey Harris

WILMINGTON, Del. – Charles M. Oberly III, United States Attorney for the District of Delaware, announced that an Indictment has been handed down by a federal grand jury charging Shakil Miller (age 21), Jon Henry (age 20), and Corey Harris (age 19), all of Dover, with Conspiracy to Provide False Information to a Federal Firearms Licensee, in violation of Title 18 U.S.C. Section 371, and separatel... More...   $0 (10-29-2014 - DE)

Konstantin Zoggolis v. Wynn Las Vegas, LLC

Appellant Konsantin Zoggolis (Zoggolis) challenges the
district court’s dismissal of his state law breach of contract
and recoupment claims concerning gambling debts that
Zoggolis owed to Appellee Wynn Las Vegas (Wynn).
Zoggolis contends that the district court erred in dismissing
his complaint due to Zoggolis’ failure to exhaust his claims
before the Nevada Gaming Cont... More...
   $0 (09-23-2014 - NV)

Tanisha Royal v. TNC Operations, LLC d/b/a Tulsa Nursing Center

Tulsa, OK - Tanisha Royal sued TNC Operations, LLC d/b/a Tulsa Nursing Center on a negligence theory claiming:

COMES NOW, the Plaintiff, TANISHA ROYAL, Individually and as Personal Representative
of the Estate of MILDRED WILBURN, deceased, and files her Complaint against TNC
OPERATIONS, LLC d/b/a TULSA NURSING CENTER and TULSA NURSING CENTER.
In support thereof, Plaintiff sta... More...
   $0 (09-18-2014 - OK)

Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach... More...
   $0 (09-17-2014 - KS)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to... More...
   $0 (08-08-2014 - TX)

Dallas County Hospital District v. Laura Constantino

Dallas County Hospital District d/b/a Parkland Health and Hospital System appeals that part of the trial court’s interlocutory order denying its plea to the jurisdiction in Laura Constantino’s suit for personal injuries. We reverse and remand.
Background
Constantino sued Parkland after sustaining injuries to her arm and shoulder when a television set fell on her while visiting a Parkla... More...
   $0 (08-07-2014 - TX)

Cellport Systems, Inc. v. Peiker Acustic GMBH & Co., K.D.

In October 2004, Cellport Systems, Inc. (“Cellport”) and Peiker Acustic GMBH &
Co. KG (“Peiker”) entered into an agreement concerning Cellport’s technology for the
hands-free use of cellphones in vehicles. In 2009, Cellport filed suit against Peiker,
alleging breach of that agreement and seeking royalties for seven Peiker products. The
district court awarded Cellport roya... More...
   $0 (08-05-2014 - CO)

Ron Peterson Firearms, LLC v. B. Todd Jones

In an effort to reduce illegal gun trafficking “along and across the Southwest
border” of the United States, the Bureau of Alcohol, Tobacco, Firearms and Explosives
(“ATF”) issued a demand letter to certain federal firearms licensees (“FFLs”) in Arizona,
California, New Mexico, and Texas. The letter requires recipients to report to ATF sales
to the same customer within ... More...
   $0 (07-28-2014 - NM)

Eric Wood v. Mercedes-Benz of Oklahoma City

¶1 Erica Wood was employed by Ned's Catering, Inc. On March 8, 2008, Wood reported to Mercedes-Benz of Oklahoma City to assist with a catered event at the car dealer's facility. Upon arriving at the dealership, Wood drove around the parking lot searching for a place to park her vehicle. Wood noticed ice on the grass, pavement, and sidewalks surrounding the Mercedes-Benz facility. Wood testified i... More...   $0 (07-16-2014 - ok)

Todd Glaittli v. State of Utah

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his
GLAITTLI v. STATE
Opinion of the Court
2
shoulder. Mr. Glaittli claimed his i... More...
   $0 (07-15-2014 - UT)

Todd Glaittli v. State of Utah

¶ 1 This case requires us to once again define the contours of the ―natural condition‖ exception to the waiver provision of the Governmental Immunity Act of Utah.
¶ 2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat ―heaved‖ and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the
GLAITTLI v. STATE
Opinion... More...
   $0 (07-14-2014 - UT)

Friends of Merrymeeting Bay and Environment Maine v. Hydro Kennebec, LLC

Two conservation groups, Friends
of Merrymeeting Bay and Environment Maine (collectively,
"Plaintiffs"), brought two citizen enforcement suits containing
claims under the Endangered Species Act ("ESA"), 16 U.S.C.
§§ 1531–1544, and the Clean Water Act ("CWA"), 33 U.S.C.
§§ 1251–1387, against Hydro Kennebec, LLC, Brookfield Power US
Asset Management, LLC, Merimil Limi... More...
   $0 (07-14-2014 - ME)

Theresa Huck v. Wyeth, Inc. d/b/a Schwarz Pharma,Inc. and PLIVA, Inc.

This products liability action against pharmaceutical companies presents several issues involving the interplay between state tort law and federal prescription drug regulation. This case is one of many litigated in state and federal courts nationwide alleging severe side effects from prolonged use of metoclopramide, sold under the brand name Reglan and as a competing generic formulation. The plain... More...   $0 (07-11-2014 - IA)

United States of America v. Michael Howard

PITTSBURGH, PA - A Washington County man pled guilty to violating federal firearms laws, United States Attorney David J. Hickton announced today.

Michael Howard, 29, of Venetia, Pa., was convicted of possessing firearms while he was using and/or addicted to a controlled substance. He was also convicted of providing false information on multiple occasions to a federal firearms licensee abo... More...
   $0 (06-25-2014 - PA)

Jerry M. Lee v. State of Oklahoma, ex rel. Department of Public Safety

Jerry M. Lee v. State of Oklahoma, ex rel. Department of Public Safety

Issue # 1.
Issue: APPLICATION RE: REVOCATION OF DRIVERS LICENSE (APPLDL)
Filed by: LEE, JERRY M
Filed Date: 04/21/2014
Party Name: Disposition Information:

Defendant: DEPARTMENT OF PUBLIC SAFETY
Disposed: FINAL ORDER, 06/23/2014. Judge.

1. That Plaintiff is a resident of Tul... More...
   $0 (06-23-2014 - OK)

Richard Brumfield v. Texas Department of Transportation

Appellant Richard Brumfield appeals the trial court’s order granting the motion for summary judgment and plea to the jurisdiction of Appellee Texas Department of Transportation (TxDOT). We will affirm.

In late June and early July 2010, TxDOT performed a “mill and overlay” to repair cracks in the northbound service road near the entrance ramp to SH 360.

1See Tex. R. App. P. 47.4... More...
   $0 (05-29-2014 - TX)

Texas Department of Transportation v. Teresa Renee Abila Lopez

This case arises from a vehicle accident in which a motorist struck and killed a tow-truck driver who was working to upright a Budget Rental moving truck. The truck rolled over and was in the median of Interstate Highway 20 at the time of the accident.

Appellees Teresa Renee Abila Lopez, individually and as next friend of Gabriella Jolie Abila Lopez, a minor child; Rachel Lopez, individuall... More...
   $0 (05-22-2014 - TX)

Digital Ally v. Z3 Technology

Both parties have filed appeals, in which Appellant–Cross-Appellee Digital Ally mainly challenges the validity and enforceability of one of the contracts, while Appellee–Cross- Appellant Z3 Technology challenges certain elements of the damages award.

I. Background

The contracts at issue in this case related to Z3’s design and manufacturing of circuit board modules for use in Di... More...
   $0 (05-16-2014 - KS)

Jamie T. Dubbelde v. State of Wyoming

[¶1] Jamie T. Dubbelde challenges the administrative ninety day suspension of his
driver’s license and his one year disqualification from driving a commercial vehicle. The
focus of his appeal is the delay that occurred between his arrest for driving under the
influence of alcohol in April 2011 and the Wyoming Department of Transportation’s
(WYDOT) August 2012 notification of t... More...
   $0 (05-15-2014 - WY)

Faygie Denniser v. Columbia Hospital Corporation of South Florida d/b/a Westside Medical Center

The appellant/plaintiff, Faygie Denniser, appeals the final summary judgment entered in favor of Columbia Hospital Corporation of South Broward (Columbia) after a slip and fall on a wet floor. The appellant raises two issues on appeal. First, she alleges that the trial court erred in finding her status as an uninvited licensee or trespasser was uncontested. Second, she argues that there was a genu... More...   $0 (05-14-2014 - FL)

The City of Houston v. Edmund L. Cogburn

In this personal injury case, the City of Houston appealed the trial court’s denial of its plea to the jurisdiction based on governmental immunity. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). On original submission, we affirmed the trial court’s order on the basis that appellee Edmund

2

L. Cogburn had sufficiently pleaded a special defect. The City has... More...
   $0 (05-01-2014 - TX)

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