Toxic Tort Law
 
Arrow Midstream Holdings, LLC v. 3 Bears Construction, LLC,

In 2013, Arrow, a Delaware limited liability company, hired 3 Bears, a North Dakota limited liability company, to be the general contractor for the construction of a pipeline located on a right-of-way easement acquired by Arrow from the Bureau of Indian Affairs over Indian trust land on the Fort Berthold Indian Reservation. See 25 U.S.C. §§ 321 and 323. The easement was "for the purpose of install

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SUMMIT MULTI-FAMILY HOUSING CORPORATION v. USA

The Plaintiff in this case, Summit Multi-Family Housing Corporation (“SMHC”), is an Ohio not-for-profit corporation and a “public housing agency” (“PHA”) within the meaning of section 1437a(b)(6) of the United States Housing Act of 1937 (“Housing Act”), 42 U.S.C. §§ 1437–40. 2d Am. Compl. ¶ 3, ECF No. 16. Pursuant to that Act, the Secretary of the Department of Housing and Urban Development (“HUD”

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Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on
April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and
Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count
complaint in the district court alleging various constitutional violations under 42
U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985, and

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Anne Payne v. CSX Transportation, Inc.

From 1962 until his retirement in 2003, Winston Carrol Payne was employed by CSX Transportation, Inc. (the “Defendant”) as a switchman, switch foreman, and brakeman in the railroad transportation department. Less than three years after his retirement, Mr. Payne was diagnosed with lung cancer. In 2007, he sued the Defendant under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51–60 (

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Robert I. Greenberg v. Laurance B. Wolfberg and Carolyn Wolfberg

¶1 The United States Court of Appeals for the Tenth Circuit [certifying court] certified the following questions pursuant to the Uniform Certification of Questions of Law Act, 20 O.S. 1991 ' ' 1601 et seq.:

1. In light of the facts as detailed below that the Defendants Laurance B. Wolfberg and Carolyn Wolfberg either individually or combined instituted four separate lawsuits and filed one

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Jimmy D. Miller v. Judy A. Miller a/k/a Judy Hall, Bill Hall and Nora Hall

¶1 The dispositive issue presented on certiorari is whether the trial court erred in dismissing the plaintiff's action for damages and equitable relief against the defendants, who allegedly made false representations that plaintiff was the father of defendant Judy A. Miller's child and who revealed to the child, almost fifteen years later, that plaintiff was not the child's father. We answer in th

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Neil and Patricia Whitney v. Vermont Mutual Insurance Company

This case calls upon us to apply a “pollution exclusion” in an insurance policy for the second time in a year. Plaintiffs Neil and Patricia Whitney assert that damage to their home and personal property resulting from the spraying within their home of a pesticide known as chlorpyrifos is covered by their homeowners policy. Defendant Vermont
Mutual Insurance Company (Vermont Mutual) argues t

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Lea Ann Tatham v. Bridgestone Americas Holding, Inc., et al

This products liability suit, filed by Lea Ann Tatham (“the Plaintiff”), arises from the failure of an automobile tire (“the tire”) sold by Bridgestone Retail Operations, LLC, and GITI Tire (USA) (collectively “the Defendants”). The manufacturer of the tire, GITI Tire (Hualin), a Chinese company, is not a party to the case. According to the Plaintiff‟s affidavit and deposition taken in thi

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State Of Kansas v. Robinson

Robinson was a self-employed, but not entirely successful, entrepreneur. In the 1970s, he formed Hydro-Gro, Inc., a company that produced hydroponic vegetables. In the 1980s, Robinson offered financial consulting services through his company Equi II. His operations were interrupted when he was convicted of a nonperson felony and incarcerated at the Western Missouri Correctional Center in Cameron,

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Perry v. Agriculture Dept

On November 29, 2011, Perry arrived at the Federal Transfer Center in Oklahoma City, Oklahoma ("FTC-Oklahoma), but was separated from other intake inmates because "he was being housed in [the Special Housing Unit ("SHU")] due to a 2007 assault in Kentucky." [Record No. 1, p. 11, ¶¶ 84-85] Perry states that he was "subjected to metal detectors and X-ray body scans due to suspicion of alleged contra

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Tania B. King v. Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt

Tulsa, OK - Tania B. King sued Phoenix Residential Construction, LLC, Brad Boone, McGraw Davisson Stewart, LLC d/b/a McGraw Realtors, Sherri Sanders and Robert Curnutt on breach of contract, recission, fraud, negligence and other theories claiming:

For her claims against Defendants Phoenix Residential Construction, LLC (�Phoenix�) and Brad Boone (�Boone�), collectively (�Defenda

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Sylvester Chupu Toteh and Stephani Monique Jarvis v. Richard Ranee, M.D., et al.

Tulsa, OK - Sylvester Chupu Toteh and Stephani Monique Jarvis sued Richard Ranee, M.D., Stephen M. Brownlee, M.D., David W. Hall, M.D., and Saint Francis Hospital, Inc. on medical malpractice wrongful death theories claiming:

FACTS
1. On or about March 28, 2009, Plaintiff’s (hereinafter referred to as “Parents”) took their son, decedent, Sylvester Chupu Toteh, Jr., (hereinafter referr

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Christus Health Gulf Coast d/b/a Christus St John Hospital v. Jay Houston

This is a medical-malpractice case. Christus Health Gulf Coast contends
that the trial court improperly excluded expert testimony, miscalculated damages,
and failed to order periodic payments. We modify and affirm.2
Background
Following surgery on his shoulder, plaintiff-appellee Jay Houston sued
defendant Dr. Marston Holt (the orthopedic surgeon who performed the surgery)

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Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL
leased its vehicles and provided drivers to QC, which operated “a bulk tank truck
network serving the chemical, bulk liquid, and energy markets.” App. 155. QC
contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking
sites, operated by Anadarko, an oil and gas producer and o

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Bradley v. Sugarbaker

After experiencing shortness of breath and persistent pain in her right arm and wrist following a 2002 car accident,
Mrs. Bradley underwent magnetic resonance imaging ("MRI") in November 2004. The MRI revealed a mass at the top of Mrs.
Bradley's right lung that her physician feared was cancer. After learning the results of the MRI, Mrs. Bradley was scheduled for a positron emission tom

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Lampkin Construction Co., Inc. v. Sand Specialties & Aggregates, LLC

In January 2012, Sand Specialties, Lampkin Construction, and CSWS Mineral
Resources entered into a Sale Agreement under which Sand Specialties agreed to sell gravel
and sand-mining equipment to Lampkin Construction and CSWS for $350,000. The
agreement was for eleven pieces of equipment; the largest piece of equipment was an Eagle
Sand Classifier. Lampkin Construction made the ini

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Federal Insurance Company v. Kert Reedstrom

Federal Insurance Company appeals the order of the Marshall Circuit Court denying its motion to compel arbitration of the breach-of-contract claim asserted against it by Kert Reedstrom. We reverse and remand.

In 2008, Reedstrom entered into a written employment agreement with Marshall-Jackson Mental Health Board, Inc., d/b/a Mountain Lakes Behavioral Healthcare ("MLBHC"), to begin serv

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Ruth Belche May v. Air & Liquid Systems

Ruth Belche May (“Petitioner”) is the widow of a machinist mate, Philip Royce May (“May”), who served on active duty in the United States Navy (“Navy”) for 20 years, from 1956 until 1976. Air & Liquid Systems Corp., Warren Pumps LLC, and IMO
Industries, Inc. (“Respondents”) manufactured steam pumps that were sold to the Navy. The Navy used these pumps to move extremely hot and highly pressur

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Paul Clabough and Pamela Jo Clabough v. State of Arizona, ex rel. Arizona Department of Transportation

Phoenix, AZ - Paul Clabough and Pamela Jo Clabough sued State of Arizona, ex rel. Arizona Department of Transportation on governmental tort claim theories.

Court docket entries:

Filing Date Description Docket Date Filing Party
8/25/2015 SJU - Satisfaction Of Judgment 8/25/2015
NOTE: Notice of Satisfaction of Judgment
7/16/2015 JUD - Judgment 7/16/2015

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Families and Estates of Pamela Humphrey and Ann Quinn v. Arizona Department of Transportation

Phoenix, AZ - Family and States of Pamela Humphrey and Ann Quinn sued the Arizona Department of Transportation on governmental tort claim wrongful death theories claiming the women was killed when the vehicle they were riding in crossed the median and ran into a semi-tractor trailer truck on May 18, 2008. The had severed to avoid hitting debris on the highway.

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Pipal Tech Ventures Private Limited v. MoEngage, Inc.

Plaintiff Pipal Tech is a closely-held corporation formed in 2011 under the laws of India with its principal place of business in India.4 Pipal Tech is in the business of developing, licensing, and supporting mobile and web-based applications. Non-parties Amit Baid, Raviteja Dodda, and Yashwanth Kumar are the founders of Pipal Tech.6 Dodda and Kumar are also former executives and board The fact

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BRUCE BAKER vs. BRIDGESTONE/FIRESTONE and OLD REPUBLIC INSURANCE

Bruce Baker works for Bridgestone/Firestone1 at its Des Moines plant. He has worked for the company since 1994. At the time of the arbitration hearing in this case, he was a maintenance mechanic in the hoist department. As a maintenance mechanic, Baker inspected and repaired machines located at the Bridgestone plant. This position often required him to work on scissor lifts suspended up to twe

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ZERFAS v. AMCO INS.

On December 2, 2011, at approximately 6:23 a.m., David Zerfas was
traveling south on Interstate 29 from Brookings to Sioux Falls, South Dakota. He
lost control of his vehicle, swerved, and crossed the median into oncoming traffic.
Zerfas’s vehicle was struck by oncoming traffic and he was fatally injured. The
South Dakota Highway Patrol issued an accident report noting that

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ZERFAS v. AMCO INS.

On December 2, 2011, at approximately 6:23 a.m., David Zerfas was
traveling south on Interstate 29 from Brookings to Sioux Falls, South Dakota. He
lost control of his vehicle, swerved, and crossed the median into oncoming traffic.
Zerfas’s vehicle was struck by oncoming traffic and he was fatally injured. The
South Dakota Highway Patrol issued an accident report noting that

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State Farm Mutual Automobile Insurance Company vs. Angela Mary Lennartson

The two cases before us in this consolidated appeal involve a dispute over the
obligation of an insurer to pay no-fault medical-expense or income-loss benefits after the
same expenses or losses were recovered in a tort action. We consider two questions:
(1)_whether the Minnesota No-Fault Automobile Insurance Act (No-Fault Act), Minn.
Stat. §§ 65B.41-.71 (2014), bars an insured

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AK Morlan
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