9 Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a
10 judgment of the United States District Court for the Eastern District of New York, Carol Bagley
11 Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of
12 the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the
... More...   $0 (05-01-2013 - NY)

In this toxic tort case, we consider whether the district court erred in: (1) excluding the opinions of Gregory Johnson’s expert witnesses on the element of causation; and (2) granting summary judgment in favor of Arkema, Inc. because Johnson was unable to prove causation without the opinions of his excluded causation experts. We AFFIRM the district court’s judgment in all respects except as t... More...   $0 (06-20-2012 - TX)

Kathy Reilly and Patricia Pluemacher, individually and on behalf of all others similarly situated, appeal from an order of the United States District Court for the District of New Jersey, which granted Ceridian Corporation‟s motion to dis-miss for lack of standing, and alternatively, failure to state a claim. Appellants contend that (1) they have standing to bring their claims in federal court,... More...   $0 (12-13-2011 - PA)

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

This appeal arises from a medical malpractice lawsuit in which the plaintiff, Deborah M. Dawkins (Ms. Dawkins or plaintiff) alleged negligent diagnosis and treatment by the defendant, Dr. David Siwicki (Dr. Siwicki or defendant) during an emergency room visit in August 1998, after the plaintiff fell and injured her wrist. The complaint was filed in August 2001 and trial commenced in March 2007.1 T... More...   $0 (06-17-2011 - RI)

The First Amendment of theConstitution states that Congress shall make no law abridging the “right of the people peaceably to assemble, and to petition the Government for a redress of grievances.â€� Under the Noerr-Pennington doctrine, federal antitrust laws have been interpreted to protect these First Amendment rights by immunizing petitioning activity from liability. In this appeal from the di... More...   $0 (05-26-2011 - IL)

In this toxic tort case alleging exposure to benzene, plaintiffs-appellants Sue and Ray Pluck appeal the district court’s order granting summary judgment to defendant-appellee BP Oil Pipeline Company (“BPâ€�). The Plucks challenge the district court’s grant of BP’s motion in limine to exclude the testimony of their specific-causation expert, Dr. James Dahlgren, as unreliable under Daubert ... More...   $0 (05-12-2011 - OK)

Appellants Linda Faust and Donnie Faust sued Appellee BNSF Railway Company (BNSF) for personal injuries and damages that they allegedly sustained from exposure to chemicals released by BNSF’s wood treatment facility in Somerville, Texas. After a lengthy trial, a jury rendered a verdict in favor of BNSF, concluding that BNSF’s negligence, if any, did not proximately cause Linda’s stomach can... More...   $0 (01-27-2011 - TX)

For almost thirty years, Timothy Myers worked for the Illinois Central Railroad Company. The work was physically demanding and over the course of his career Myers suffered several injuries, including cumulative trauma disorders that eventually forced him to retire. He sued the Railroad claiming that these disorders were caused by its negligence. Before trial, Myers offered reports from three medic... More...   $0 (12-15-2010 - IL)

Rene Junk brought this action in state court on behalf of her son, Tyler (T.J.) Junk, against Terminix International Company (Terminix), Dow Chemical Company and Dow AgroSciences LLC (collectively Dow), and Terminix employee Jim Breneman. Junk alleged that T.J.'s multiple medical conditions were caused by exposure to Dursban, an insecticide manufactured by Dow, distributed by Terminix, and applied... More...   $0 (12-09-2010 - IA)

This medical malpractice suit was filed by Lou Ella Sherrill and her daughter, Barbara Pigg, against Bob T. Souder, M.D. and TransSouth Healthcare, P.C., a corporation in which Dr. Souder is the sole shareholder (hereinafter “the Defendantsâ€�). Ms. Pigg was dismissed as a party, but later filed a motion to amend the complaint to substitute herself as the plaintiff after Ms. Sherrill’s death. ... More...   $0 (10-28-2010 - TN)

This is a negligence and products liability action involving the use of a pain pump manufactured by Breg, Inc. for use during and after surgery. The Plaintiff, Douglas Kilpatrick, claiming to have been injured by one of Breg’s pumps, proffered a single expert witness on the issue of causation – Dr. Gary Poehling, M.D. The district court determined that the methodology used by Dr. Poehling to r... More...   $0 (08-24-2010 - FL)

At issue in these consolidated appeals is whether State causes of action in strict product liability, breach of express and implied warranty, and derivative claims for alleged defects in a medical device, the Cypher® Sirolimus-Eluting Coronary Stent (Cypher or device), manufactured by defendant Cordis Corporation (Cordis or defendant) are preempted by the Medical Device Amendments of 1976 (M... More...   $0 (07-23-2010 - NJ)

{1} The primary issue presented in this case is, when does the statute of limitations begin to run for purposes of “toxic tort� personal injury claims? Plaintiff (Tenant) appeals pro se from the district court order granting summary judgment in favor of Defendants (Landlords) dismissing his claim for damages due to exposure to mold.

The district court granted summary judgment to Landl... More...   $0 (03-10-2010 - NM)

Claimant appeals from the superior court’s order granting summary judgment to insurer in this workers’ compensation case.[1] He argues that the court: (1) exceeded its jurisdiction under 21 V.S.A. § 671 by granting summary judgment to insurer; and (2) abused its discretion by excluding the expert testimony that he offered. We affirm the trial court’s decision.

¶ 2. ... More...   $0 (02-04-2010 - VT)

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

This suit was brought by former clients, Bob Chambers and 182 others (“appellantsâ€�), against John O’Quinn, John M. O’Quinn, P.C., and John M. O’Quinn D/B/A O’Quinn & Laminack (“appelleesâ€�), for legal malpractice. Appellants appeal from the trial court’s orders dismissing their suit for want of prosecution and overruling their motion for reinstatement and new trial. In t... More...   $0 (10-02-2009 - TX)

Plaintiffs are 32 individuals who have all lived or worked in the West College Avenue neighborhood of Santa Rosa. In 2000, plaintiffs learned that the private water wells they used for drinking water had been contaminated with trichlorethylene (TCE) and perchlorethylene (PCE). They eventually retained the law firm of Gonzalez & Robinson to investigate the cause of the contamination and pursue comp... More...   $0 (09-19-2009 - CA)

Merck & Co., Inc. (AMerck@), appeals from a jury verdict in a personal-injury and wrongful-death suit filed by Carol Ernst in which she alleged that ingestion of Vioxx caused the sudden cardiac death of her husband, Bob Ernst. Merck raises four issues in which it challenges the legal and factual sufficiency of the evidence to support the jury=s verdict on causation, strict liability, negligence, ... More...   $0 (06-04-2009 - TX)

Plaintiff and appellant Joseph Daniel Davis (Davis), an attorney, was a partner in a law firm with John C. Heubeck. On appeal, Davis claims that defendant and respondent Jeff Ira Nadrich interfered with the Davis/Heubeck partnership agreement by referring cases to Heubeck, personally. Davis appeals from a summary judgment entered in favor of Nadrich and in favor of defendants and respondents Randa... More...   $0 (05-21-2009 - CA)

We are asked to decide whether seven individual state court actions, each with fewer than one hundred plaintiffs, should be treated as one “mass actionâ€� eligible for removal to federal court under the Class Action Fairness Act of 2005 DBCP was commonly used in pesticides to control n 1 ematodes, microscopic worms that infest the roots of plants. Plaintiffs allege that although DBCP manufacture... More...   $0 (03-30-2009 - CA)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (02-21-2009 - TX)

Appellant Mark Hackett brought suit against appellees Littlepage & Booth, Littlepage & Associates, P.C., and Michles & Booth, P.A., (1) alleging legal malpractice and deceptive trade practices stemming from the Law Firms' representation of Hackett, specifically the Law Firms' failure to file suit against two of Hackett's treating physicians for medical malpractice. In four issues, Hackett challen... More...   $0 (01-16-2009 - TX)

The only issue on this appeal is whether the complaint of a woman who succumbed to mesothelioma should have been dismissed solely because the defendant did not have a duty to act reasonably to prevent her from being exposed repeatedly and regularly over an extended period of time to the asbestos fibers on her father’s work clothes. The purpose of this appeal is not to determine whether, in fact,... More...   $0 (10-01-2008 - TN)

This medical malpractice action requires us to review and apply the standards for admission of expert medical testimony. Under the applicable evidentiary rules, as interpreted in this court's cases, an expert's medical testimony must meet a test of "scientific validity." Plaintiff here experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a che... More...   $0 (09-16-2008 - OR)