Toxic Tort Law
 
Ackerman v. South Carolina Department of Corrections

In 1995, our legislature enacted section 24-3-430 of the South Carolina Code (2007) to authorize the expansion of the Prison Industries program into the private sector. This expansion allowed qualified private entities to use inmate labor but required the wages for participating inmates to be no less than "the prevailing wage for work of [a] similar nature in the private sector." Act No. 7, 1995

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Thompson v. Pruitt Corporation

On January 11, 2011, Respondent, Mae Ruth Davis Thompson (Daughter), and her brother, Andrew Phillip Davis (Son), had their mother, Eula Mae Davis (Mother), transferred from Piedmont Medical Center to a nearby nursing home facility owned or operated by Appellant UniHealth Post Acute Care-Rock Hill (UniHealth). A UniHealth employee presented an Admission Agreement, an Arbitration Agreement (AA), a

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STATE OF KANSAS v. JALEN J. JONES

On the evening of August 24, 2013, Chandria Young was spending time at the house of her friend, Autumn Ashlock. Later that night, the two women were joined by three men, Quentin Lawrence, also known as Ratchet; Daijour Parker, also known as DP; and Dominque Gordon, also known as Bully. The three men were members of the Piru Blood gang. Young was in a relationship with Gordon, and Ashlock was in a

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John Williams v. DART Transit

John Williams sued Dallas Area Rapid Transit (DART), seeking to recover for personal injuries he suffered from being struck by a bicyclist at a DART rail station. The trial court granted DART’s plea to the jurisdiction and dismissed the case. Williams appeals the trial court’s order, arguing he sufficiently pleaded a waiver of governmental immunity because DART was engaged in a proprietary funct

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Justin R. Rogers v. Blount Memorial Hospital, Inc. et al.

The plaintiff, Justin R. Rogers, filed the instant health care liability action on December 13, 2013, against BMHI and Dr. Mohammed Bhatti. In his complaint, Mr. Rogers alleged that he presented to the BMHI emergency room on September 8, 2012, with fever and progressive numbness that began in his extremities and spread throughout his body. Mr. Rogers further stated that Dr. Bhatti diagnosed him

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Erick Lopez v. Adam Huron D/B/A Adam's Mexican Food Products

Erick Lopez appeals a judgment entered against him based on a jury’s findings that he breached implied warranties relating to plastic bags he sold to Adam Huron d/b/a Adam’s Mexican Food Products.1 Lopez presents three issues on appeal asserting the trial court erred by: (1) entering judgment against him because no jury finding was requested or made regarding any statutory exception a claimant is

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Wisconsin Pharmacal Company, LLC v. Nebraska Cultures of California, Inc

We review a published decision of the court of appeals1 reversing an order of
the Ozaukee County Circuit Court2 that granted summary judgment
to The Netherlands Insurance Company (Netherlands) and Evanston
Insurance Company (Evanston). Our review centers on a coverage
dispute between the insurers and their respective insureds,
Jeneil Biotech, Inc. (Jeneil) and Nebraska C

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United Food v. Hormel Foods Corporation

This is an appeal from a
judgment and order of the circuit court for Rock County, Michael
R. Fitzpatrick, Judge, in favor of United Food & Commercial
Workers Union, Local 1473 (and various individuals1), the
1 Dennis A. Warne, Charles R. Seeley, and Pamela Collins join as plaintiffs. We refer only to the Union as the plaintiff

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Fabian Sebastian, v. Douglas County, Colorado; Douglas County Sheriff’s Office; David A. Weaver, Douglas County Sheriff; and Greg A. Black, Douglas County Sheriff’s Deputy.

Petitioner Fabian Sebastian filed an action under 42 U.S.C. § 1983 (2014) against
respondents Douglas County, Colorado, the Douglas County Sheriff’s Office, Douglas
County Sheriff David A. Weaver, and Sheriff’s Deputy Greg A. Black (“the County”),
alleging that his Fourth Amendment right to be free from unreasonable seizures was
violated when he was attacked by a K–9 police dog

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Earthworks' Oil & Gas Accountability Project v. N.M. Oil Conservation Comm'n

In 2008, the Commission approved a version of the Pit Rule (the 2008 Rule).
3 In 2009, the Commission amended a portion of the 2008 Rule (the 2009
4 Amendment). Both the 2008 Rule and its 2009 Amendment were appealed to the First
5 Judicial District Court by entities affiliated with the oil and gas industry, and the
6 district court certified the appeals to this Court; we stayed ou

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United States of America v. Jimison Erik Coleman, Cierra Allyn Rounds, Kathryn Grace Dirks, a/k/a “Kat,” and Glen William Brunton

Dallas, TX - Four Sentenced for Roles in March 2014 Heroin Overdose Death of a Dallas Teenage Girl

A 37-year-old heroin dealer and his three co-conspirators, including two women who injected a Dallas teenage girl with a fatal dose of that heroin in March 2014, were sentenced.

Jimison Erik Coleman, 37, of Los Angeles, California, was sentenced by U.S. District Judge Sam A. Lindsay

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American Steel Erectors, Inc. v. Local Union No. 7

As we explained in ASE I, the structural steel industry
is comprised of steel fabricators, who manufacture steel products
to meet design specifications, and steel erectors, who assemble
the fabricated steel. When a developer or owner taps a general
contractor to lead the construction of a building, that general
contractor typically solicits bids for a combined "fab and er

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Kirk Lory v. Concord Equity Group Advisors, LLC

This action's relevant procedural history is not complex.
One month after Loury's nearly two-year employment as a Concord
executive ended, he filed a four-count complaint against
Concord. Three of the counts were dismissed for failure to
state a claim upon which relief could be granted. The surviving
count alleged Concord breached the parties' employment
agreement.

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Adrian Fridman v. Safeco Insurance Company of Illinois

The conflict issue in this case is whether an insured is entitled to a
determination of liability and the full extent of his or her damages by first bringing
an uninsured/underinsured motorist (UM) action before litigating a first-party bad
faith cause of action under section 624.155, Florida Statutes (2007). The related
issues we address are whether that determination of dam

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R.J. Reynolds Tobacco Company v. Phil J. Marotta

In this Engle progeny case,1 R.J. Reynolds Tobacco Company (“the defendant”) appeals a final judgment entered in favor of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta (“the plaintiff”), arguing that federal law implicitly preempts state law tort claims of strict liability and negligence based on the sale of cigarettes and that the use of the Engle defect finding

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R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Company and Liggett Group, LLC v. Marvine Calloway, as Personal Representative of the Estate of Johnnie Calloway

Tobacco defendants, R.J. Reynolds Tobacco Company (“RJ Reynolds”), Philip Morris USA Inc. (“Philip Morris”), Lorillard Tobacco Company (“Lorillard”),1 and Liggett Group LLC (“Liggett”), appeal a multi-million dollar final judgment. They raise several issues common to all and some individually.

They jointly argue the trial court erred in denying their motions for new trial based upon th

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Terry Ann Bartlett v. The Commerce Insurance Company

The trial court recited the following facts. The petitioner was injured in a motor vehicle accident in New York in August 2004, when the motorcycle on which she was a passenger, which Jeffrey Vilagos owned and operated, was struck by a motor vehicle operated by Myroslaw Mykijewycz. Mykijewycz is insured by Allstate Insurance Company (Allstate) under a policy that provides liability insurance cov

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Shane Bryant v. Philip Doucett and ICON Corp

On or about March 19, 2011, Plaintiff, Shane Bryant (Bryant), was operating his motor
vehicle on Dorrance Street in Providence, Rhode Island when he was struck from behind by a
motor vehicle being operated by Defendant, Philip Doucett (Doucett). (Compl. ¶¶ 6, 8). Doucett
was allegedly intoxicated at the time of the accident. Id. After the accident, Bryant exited his
vehicle to

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State of Mississippi v. April Grissom

Hattiesbuerg, MS - Nurse Found Not Guilty For Death of Patient

The State of Mississippi charged nurse April Grissom with deprived heart second-degree murder for the death of Louis Betz, Jr., age 77, who died on March 26, 2013. Betz was admitted to the hospital with colon cancer and was operated on twice and suffered a number of post operative complications including renal failure. On th

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Wesley Perkins v. The State of Texas

In January 2013, a police officer stopped Perkins’s wife for speeding on Manchaca
Road in Austin. Perkins came to the scene in his Toyota SUV. Perkins was then cited for several
offenses, three of which were Class C misdemeanors originally tried in municipal court. He was 1
convicted in the county court at law of driving while license invalid.
DISCUSSION
Perkins raises 31 is

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Rosario Turdo v. James Main

Rosario Turdo, the plaintiff, appeals from a March 10, 2014 judgment following a jury-waived trial in the Washington County Superior Court. The trial justice entered judgment in favor of James Main, the defendant, on the plaintiff’s breach of contract claim and also entered judgment in favor of the defendant on his counterclaim for
conversion. In addition, the plaintiff appeals from the May

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DAVID GURLEY V. COMMONWEALTH OF KENTUCKY

Gerald Goldsmith sat astride his motorcycle, sitting last in a long line of
traffic waiting for the stoplight to turn green. Gurley, who had been drinking
alcohol, approached Goldsmith from behind, driving his SUV under the posted
speed limit. As he approached, the stoplight turned green but the vehicles in
the line ahead of Goldsmith had not yet begun to move. Gurley did not a

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Dr. Ralph Slaughter VS Board of Supervisors of Southern University and Agricultural & Mechanical College

On March 27, 2009, the defendant, the Board of Supervisors of Southern
University and Agricultural and Mechanical College (" the Board"), held a public
meeting wherein it declined to extend Dr. Ralph Slaughter's two-year employment
contract as President of the Southern University System beyond its expiration date
of June 30, 2009. Dr. Slaughter's employment contract had been execut

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Safeway, Inc. v. Rooter 2000 Plumbing and Drain SSS

This appeal arises out of a cross-claim for contractual and traditional
4 indemnification. The complaint alleged that Plaintiffs, Briana Fierro and Jason Fierro,
5 suffered injuries when a baby changing table collapsed in a Safeway store, and that
6 the collapse was the result of negligence on the part of Safeway, Inc. (Safeway) and
7 Rooter 2000 Plumbing and Drain SSS (Rooter). T

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Auto-Owners Insurance Company v. Vanessa Holland, et al.

This appeal involves the scope of coverage of a commercial general liability insurance policy issued by Auto-Owners Insurance Company (“Auto-Owners”) to Jarred Boles d/b/a Jarred Boles Lawn Ranger (collectively “Jarred Boles”), a lawn care business located at 111 Alabama St., Huntland, Tennessee. The business address was also the home address of Jarred Boles, where he lived with his parents, Mark

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AK Morlan
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