Appellants Prescription Health Network, LLC (PHN) and William M.
Blackshear Jr., M.D. (collectively, the PHN Defendants) appeal from the trial
court’s judgment confirming an arbitration award in favor of Appellees Toby R.
1See Tex. R. App. P. 47.4.
2
Adams, Lisa B. Adams, and Adams Marketing Consulting, Inc. (AMC)
(collectively, the Adams Plaintiffs). We affirm.
I. Fact

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2

In 2008, defendants and respondents
1 Redondo Beach
police officers Mario Fizulich, Phillip Ho, and Ellen
Tumbocon interacted with plaintiffs and appellants Phillip
Baranchik and Eric Baranchik.
2 The details of the
interaction and subsequent arrests and criminal
prosecutions are more fully described later in this opinion.
Based on the interaction, Phillip, Eric, an

I
INTRODUCTION
“In general, an employee is not acting within the scope of employment
while travelling to and from the workplace. But if the employee, while commuting, is on
an errand for the employer, then the employee’s conduct is within the scope of his or her
employment from the time the employee starts on the errand . . . .” (CACI No. 3724 [The
Going-and-Coming Rule—Bus

This case presents two issues: (1) Is a trial court ruling denying a request
for a jury trial in a civil action subject to review prior to trial by a petition for an
extraordinary writ or may such a ruling be reviewed only by appeal after trial?
and (2) Is there a right to a jury trial in a health care facility whistleblower action
for retaliatory termination brought pursuant to He

Dennis Willard was involved in a head-on motor vehicle accident in the late hours of November 3, 2011. Willard sustained significant injuries from the collision and was initially treated at the Genesis Medical Center East in Davenport, Iowa. While at Genesis, Willard underwent imaging studies and x-rays. One of the x-rays covered Willard’s left shoulder and showed no break or dislocation. Willa

Tulsa, OK - Kim Partin sued the City of Tulsa on a governmental tort claim (51 O.S. 151) auto negligence theory claiming to have been injured and/or damaged in a car wreck caused by a City employee.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: PARTIN, KIM
Filed Date: 04/22/2016
Party Name Disposition Information
Defendant: CITY OF TULSA Disposed: JUDGEMENT E

Tulsa, OK - Janice Roberts sued Community Thrift Store, Inc. on a premises liability negligence theory claiming to have been injured and/or damaged while an invitee at Defendant's community thrift store on January 14, 2014.

Issue # 1. Issue: PERSONAL INJURY (OTHER)
Filed By: ROBERTS, JANICE
Filed Date: 01/06/2016
Party Name Disposition Information
Defendant: COMMUNITY

Tulsa, OK - Diane Patterson sued the City of Tulsa on a governmental tort claim premises liability theory under 51 O.S. 151, et seq. claiming to have been injured while a business invitee as a result of a dangerous condition of the premises.

Issue # 1. Issue: PREMISES LIABILITY (PREMISE)
Filed By: PATTERSON, DIANE
Filed Date: 09/21/2015
Party Name Disposition Information

To establish abuse of process, the claimant must prove (1) an
ulterior purpose to accomplish an object not within the proper scope of the process, (2)
an act not proper in the regular prosecution of proceedings, and (3) harm caused by the
abuse of process. Chad Stevens filed a counterclaim against Mark Baute for abuse of
process. Stevens alleged as damages that he incurred attorney

These consolidated cases involve two city of Bellevue (City)
firefighters who were diagnosed with malignant melanoma and filed claims for
workers' compensation benefits. In both cases, the Board of Industrial Insurance
Appeals (Board) denied the firefighters' claims. Both firefighters then appealed the
Board's decision to King County Superior Court.
Under the Industrial Insuran

Manufacturers have a duty to provide warnings to
consumers about the risks of their products pursuant to the Washington product
liability act (WPLA), chapter 7.72 RCW. In this case, a manufacturer sold a
surgical device to a hospital, which credentialed some of its physicians to
perform surgery with the device. The manufacturer's warnings regarding that
device are at the heart

Dean Wilcox fell 50 feet through an open catwalk hatch onto a
concrete floor. Having sustained severe injuries, he sued the on-site safety planner,
Steven Basehore, for negligent planning causing the fall; Wilcox also named the
safety planner's employer, Bartlett Services, Inc. (Bartlett), and an intermediary
company, ELR Consulting, Inc. (ELR), in respondeat superior. Before trial

Allan Tabingo was seriously injured while working aboard a
fishing trawler owned and operated by American Seafoods Company LLC and
American Triumph LLC (collectively American Seafoods). Tabingo alleges the lever
used to operate a hatch in the trawler's deck broke when an operator tried to stop the
hatch from closing. The hatch closed on Tabingo' s hand, leading to the amputation of

In previous decisions, this court has said that the statutory remedies
available for a violation of the Consumers Legal Remedies Act (CLRA; Civ.
Code, § 1750 et seq.), the unfair competition law (UCL; Bus. & Prof. Code, §
17200 et seq.), and the false advertising law (id., § 17500 et seq.) include public
injunctive relief, i.e., injunctive relief that has the primary purpose and ef

In this wrongful discharge case, plaintiff appeals
the trial court’s judgment in favor of plaintiff’s former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar

Plaintiffs Neal and Nancy Kaste operate a dairy
farm in Tillamook County, and contracted with defendant,
Land O’Lakes Purina Feed LLC, to provide them with feed
for their dairy cows. That feed sickened a number of plaintiffs’
cows and killed others, causing plaintiffs to incur veterinary
expenses to care for the cows as well as other losses.
Plaintiffs sued defendant, alleg

This appeal concerns the application of the statute
of limitations to a complaint for medical malpractice involving
newly added defendants. Plaintiff alleged that negligent
treatment of low sodium levels in his blood serum caused
him to develop a neurological disorder, central pontine
myelinolysis (CPM). Invoking ORCP 21 A(9),1 defendants
moved to dismiss the complaint as b

Plaintiff was seriously injured when he was hit by
a car while crossing South Riverside Avenue at its intersection
with Ninth Street in Medford. There are no traffic signals
controlling that intersection, but the City of Medford
has installed a crosswalk across South Riverside Avenue on
the south side of the intersection. Plaintiff was in that crosswalk
when he was hit, and

In this workers’ compensation case, claimant
seeks judicial review of a final order by the Director of the
Department of Consumer and Business Services (DCBS)
denying claimant’s request for attorney fees and penalties
against insurer, Liberty Northwest (Liberty). Claimant
sought sanctions after Liberty failed to timely deliver payment
on his workers’ compensation claim, whi

Auto insurers in Oregon must provide personal
injury protection (PIP) benefits to their insureds for certain
automotive injury-related expenses, regardless of who is at
fault in an accident. ORS 742.520(1). The PIP medical benefits
at issue in this case “consist of the following payments for
the injury or death of each person” covered: “All reasonable
and necessary expenses

This case follows a long line of cases decided in light of Engle v. Liggett
Group, Inc. (Engle III), 945 So. 2d 1246 (Fla. 2006). In Engle, a group of smokers
and their survivors filed a class action against major tobacco companies for
damages allegedly caused by smoking-related injuries. Id. at 1256.2 Among other
things, the class sought compensatory damages based on variou

In 2007, Heart Tronics, Inc., a medical device company,
purchased directors and officers liability insurance policies from
AXIS Insurance Company (AXIS) and Houston Casualty
Company (HCC). The AXIS policy has been exhausted.
Under the HCC policy, HCC agreed to pay defense
expenses incurred by Heart Tronics’s officers and directors, and
individuals serving in functionally eq

Tulsa, OK - Social Worker Awarded $225,000 Against City in Malicious Prosecution Case

Larua Lynn Fox sued the City of Tulsa and Daniel Bishop on a governmental tort claim theory under 51 O.S. Section 151, et seq. malicious prosecution theory claiming that a police detective alleged that she failed to report child abuse in violation of 10A O.S. Section 1-2.110 despite the fact that she had