Licensee Law
 
City of Houston v. Edmund L. Cogburn

The City of Houston appeals 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. 2012). We affirm.

2

Background

Plaintiff Edmund Cogburn sued the City of Houston over injuries he sustained from tripping and falling against a city-owned parking meter. The following factual all

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Cherish Mireles v. Airco Service, Inc.

Cherish Mireles and the Estate of Jana Lynn Boone sued Airco Service, Inc. on wrongful death theories.

The allegations made by the Plaintiffs are not available.

Defendant appeared and answered as follows:

1.

On the basis of information and belief the facts and allegations set forth in numbered Paragraph 1 of Plaintiffs Petition are admitted.

2.
On t

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Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc.

The “exclusive rights” that a copyright owner has “to distribute copies. . . of [a] copyrighted work,” 17 U. S. C. §106(3), are qualified by the application of several limitations set out in §§107 through 122, including the “first sale” doctrine, which provides that “the owner of a particular copy or phono record lawfully made under this title . . . isentitled, without the authori

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Angela Lawson v. Wal-Mart Stores, Inc. d/b/a Wal-Mart Stores Number 499

Angela Lawson sued Wal-Mart Stores, Inc. d/b/a Wal-Mart Stores Number 499 on a premises liability theory claiming:

1. That the Plaintiff, Angela Lawson, is a resident of Enid, Garfield County, State of Oklahoma; that the Defendant, Wal-Mart Stores, Inc. d/b/a Wal-Mart Store Number 499, isa foreign corporation doing business in Enid, Garfield County, State of Oklahoma. Further, the inciden

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Dennis Stokes v. Ford Motor Company

¶1 Appellant Dennis Stokes (Stokes), personal representative of the estate of Peter Andrew Carter (Carter), appeals the jury verdict and judgment of the Thirteenth Judicial District Court concluding that Ford Motor Company (Ford) and Overland West, Inc. (Overland) were not liable in strict products liability or negligence in Carter’s death. We affirm.

¶2 We consider the following issues

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State of Oklahoma v. Christopher Chance Willis

The State of Oklahoma charged Christopher Chance Willis with sale of alcoholic beverage to a minor in violation of 37 O.S. 537 and sale of liquor without a license in violation of 37 O.S. 538.

Title 37 O.S. 527 provides:

A. No person shall:

1. Knowingly sell, deliver, or furnish alcoholic beverages to any person under twenty-one (21) years of age;

2. Sell, deliver or kn

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Yellowbook, Inc. v. Steven M. Brandeberry

This case involves a trademark dispute over the right
to use the “AMTEL” name and marks for phonebooks in various Ohio counties. In
2002, Defendant Steven Brandeberry sold his phonebook business, operated under the
name AMTEL, to Barney White, who in turn sold the business to Yellowbook, a national
publisher of yellow-pages directories. In 2009, Brandeberry decided to start a r

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Bud Rountree v. Boise Baseball, LLC

This is a permissive appeal of an interlocutory order that declined to limit the duty owed by baseball stadium owners and operators to spectators injured by foul balls. Boise Baseball, LLC, Boise Hawks Baseball Club, LLC, and Home Plate Food Services, LLC, (collectively “Boise Baseball”) sought, and we granted, a permissive appeal of the district court’s order. We affirm.

I.

FA

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Suzanne G. Franklin v. Employment Department

2 Claimant seeks review of a final order of the Employment Appeals Board
3 (EAB) determining that she was discharged for "misconduct connected with work," ORS
4 657.176(2)(a), and, therefore, that she is not eligible for unemployment benefits. The
5 EAB concluded that an on-the-job error that claimant made, which gave rise to a
6 disciplinary proceeding against her by the Oregon St

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Jason Jenkins v. Occidental Chemical Corporation

Jason Jenkins brought this action against Occidental Chemical Corporation after an acid addition machine designed by Occidental sprayed acid in Jenkins’s face, rendering him partially blind. The jury found for Jenkins on liability and damages, but the trial court entered judgment in Occidental’s favor based on two statutes of repose.1 In two issues, Jenkins argues that the trial court erred in

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Lizabeth Jessee v. City Council Of Dayton

The plaintiff here tripped, fell, and injured herself on an old

firehouse stairway. The stairway did not comply with current building codes -- the rise

was too tall, the run was too small, and there was no handrail. The court summarily

dismissed the suit after concluding that the plaintiff had voluntarily assumed the risk of

injury. She had commented on t

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Cherilyn Gatten v. Windell McCarley

Cherilyn Gatten appeals the trial court’s final judgment dismissing her claims against Windell McCarley and Tammy McCarley. In her sole issue, appellant contends the trial court erred by dismissing her third amended petition against appellees, Windell McCarley and Tammy McCarley, for failure to state a cause of action. For the reasons set forth herein, we affirm the judgment of the trial court.<

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Texas Department of Public Safety v. Danish Mahmood Shaikh

After the Texas Department of Public Safety (“the Department”) sent Danish Mahmood Shaikh a notice revoking his concealed handgun license (“CHL”) and Shaikh requested a hearing on the revocation before the justice court, the court denied the Department’s petition to revoke. Upon the Department’s appeal, the county court at law ruled that the Department failed to comply with the statuto

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John Riedlinger v. Steam Brothers, Inc. d/b/a Steam Brothers Carpet Cleaning

[¶1] Steam Brothers, Inc., doing business as Steam Brothers Carpet Cleaning, appealed from a summary judgment in a declaratory judgment action by John Riedlinger, Dale Stroh, Kevin Vetter, Leo Horner, and Duane Leier, five individuals with separate license agreements creating business relationships with Steam Brothers (collectively referred to as "licensees"), in which the district court decided

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Mouris Ahdout v. Majid Hekmatjah

Appellant Mouris Ahdout appeals from a judgment entered following the superior court‘s denial of his petition to vacate an arbitration award and its grant of a petition to confirm the award filed by respondents Majid Hekmatjah aka Michael Braum (Braum), Hekmatjah Family Limited Partnership (Hekmatjah), and Braum Investment & Development, Inc. (BIDI). Ahdout and respondent Hekmatjah were the sole

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Evans Group, Inc. v. Robert Foti

¶ 1. BURGESS, J. Appellant Foti Fuels, Inc. (Foti), a fuel distributor, appeals from the Washington Civil Division’s judgment in favor of Evans Group, Inc. (Evans), also a fuel distributor. Evans cancelled its agreement to sell fuel to Foti for resale and delivery to a retail gasoline station, and sued for payment of an outstanding balance of $68,864. Foti claims the unilateral t

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Smith & Nephew, Inc. v. Arthrex, Inc.

Smith & Nephew, Inc. (“Smith”) appeals from the final judgment of the United States District Court for the District of Oregon which granted judgment as a matter of law that Arthrex, Inc. (“Arthrex”) does not infringe claim 1 of U.S. Patent 5,601,557 (the “’557 patent”). Smith & Nephew, Inc. et al. v. Arthrex, Inc., No. 3:04-cv-00029-MO (D. Minn. Dec. 16, 2011) (Dkt. No. 1034). Becaus

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JSLG, Inc. v. City of Waco

The Plaintiff-Appellant JSLG, Inc. (“JSLG”) brought suit against the Defendants-Appellees, the City of Waco (“the City”) and Randy Childers,1 Building Official for the City, raising constitutional challenges to an ordinance governing sexually oriented businesses. The district court granted summary judgment for the City and denied JSLG’s request for a preliminary injunction. Finding no re

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Willa Baker v. Manor Care of Tulsa OK, LLC

Willa Baker, Special Administrator of the Estate of Joyce Manuel, deceased, sued Manor Care of Tulsa OK, LLC, dba Manorcase Health Services; Four Seasons Nursing Centers, Inc. dba Manorcare Health Services; Healing Solutions, LLC; 307 HCR Properties of Tulsa OK, LLC; HCR II Healthcare, LLC; HCR II Healthcare, LLC; HCR Helathcare, LLC, Manor Care, LLC; RCR Manorcare, Inc. Heartland Employment Servi

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St. Agnes Academy v. Texas Alcoholic Beverage Commission

St. Agnes Academy, Sharpstown Civic Association, and Clarewood House Residents Association (collectively "Protestants") contested the application of Club Bellaire, Inc. d/b/a El Corral ("Club Bellaire") for a permit to sell alcoholic beverages in the vicinity of Protestants' properties. See Tex. Alco. Bev. Code Ann. § 5.435 (West 2007) (public participation in licensing or permitting hearings).

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Alan Kachalsky v. County of Westchester

2 This appeal presents a single issue: Does New York’s
3 handgun licensing scheme violate the Second Amendment by
4 requiring an applicant to demonstrate “proper cause” to
5 obtain a license to carry a concealed handgun in public?
6 Plaintiffs Alan Kachalsky, Christina Nikolov, Johnnie
7 Nance, Anna Marcucci-Nance, and Eric Detmer (together, the
8 “Plaintiffs”) al

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Dave Singh v. Jeff Davi

Jeff Davi, as Commissioner of the Department of Real Estate (DRE) (Commissioner) denied Dave Singh‟s application for a real estate broker‟s license based on the “dishonest nature” of his prior conviction for theft by false pretenses and the concern that it would not be in the public interest to issue Singh a license. Singh petitioned for a writ of administrative mandamus (Code Civ. Proc.,

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Twenty-Nine Palms Enterprises Corporation v. Paul Bardos

Plaintiff and respondent Twenty-Nine Palms Enterprises Corporation (Palms), a tribal corporation, sued defendant and appellant Cadmus Construction Co. (Cadmus), a sole proprietorship wholly owned and operated by Paul Bardos (Bardos) (1) to recover money paid to Cadmus, because it alleged Cadmus was an unlicensed contractor (Bus. & Prof. Code, § 7031),1 and (2) for unfair competition, in that Cadm

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David Fink v. Moses Shemtov

Plaintiff David Fink appeals after judgment was entered in favor of, inter alia, defendant S&E Stone, Inc. (S&E). Acting in propria persona, Fink filed a complaint against S&E and others, as the assignee of Stone Center Corporation‟s (Stone Center) claims against them and litigated those claims through a bench trial. In a thorough statement of decision issued after the trial court granted S&E‟

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National Rifle Association of America, Inc. v. Bureau of Alcohol, Tobacco, Firearms, and Explosives

This appeal concerns the constitutionality of 18 U.S.C. §§ 922(b)(1) and (c)(1), and attendant regulations, which prohibit federally licensed firearms dealers from selling handguns to persons under the age of 21. Appellants—the National Rifle Association and individuals who at the time of filing were over the age of 18 but under the age of 21—brought suit in district court against several fe

More...   $0 (10-26-2012 - TX)

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