Toxic Tort Law
 
GOWENS v. BARSTOW

On July 3, 2007, a paramedic supervisor, Defendant Ethan Barstow (Mr. Barstow), collided with a vehicle driven by the Plaintiff/Appellee, Elizabeth Gowens (Ms. Gowens) resulting in property damage to both vehicles and physical injury to Ms. Gowens. At the time of the collision, Mr. Barstow was a paramedic supervisor for the Defendant/Appellant EMSSTAT which is a division of the Defendant/Appellan

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United States v. Johnson

THIS MATTER comes before the Court on the United States' Sentencing Memorandum and Motion for Upward Departure Pursuant to U.S.S.G. § 5K2.0, filed June 4, 2015 (Doc. 21)("Motion"). The Court held a sentencing hearing on June 26, 2015. The primary issues are: (i) whether upward departure is permitted under U.S.S.G. § 5K2.1 or U.S.S.G. § 5K2.21; (ii) whether an upward departure is appropriate where

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Adebisi Adenariwo v. FMC

Adenariwo is the owner and principal of MacBride Nigeria, Ltd. (MacBride), a producer of concrete masonry products in Lagos, Nigeria. In 2008, MacBride purchased equipment from Nethamer Ltd., a U.S.-based company. BDP, a licensed freight forwarder, arranged for the transportation of the equipment from the U.S. to Nigeria by Zim, a vesseloperating common carrier. Zim shipped the equipment to Nige

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First Community Bank, N. A. v. First Tennessee Bank, N. A., et al

The Plaintiff is a banking and financial services company that is incorporated in and has its principal place of business in Virginia. The Plaintiff operates more than fifty financial centers located in Virginia, West Virginia, North Carolina, and Tennessee. From 2003 to 2007, the Plaintiff purchased approximately $135,000,000 worth of assetbacked securities in the form of collateralized debt ob

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Latreece Langston, Jenell Corley and Annie Noiel v. Mary Morrow

Oklahoma City, OK - Latreece Langston, Jenell Corley and Annie Noiel sued Mary Morrow on a personal tort theory claiming:

1. On the 29111 day of March, 2014, at approximately 3:47 P.M. Plaintiff ‘s were putting groceries in the trunk of their automobile when Defendant failed to observe Plaintiff ‘s and she backed out of parking space and struck and injured Plaintiffs.
2. Plaintiff‘s h

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Dollar General Corporation v. Mississippi Band of Choctaw Indians

Respondent Doe is a member of an Indian tribe who participated in a short internship in a store operated by petitioner Dolgencorp, LLC, a non-Indian corporation. Alleging that he had been sexually assaulted by his supervisor, Doe’s family sued petitioners in tribal court on the basis of vicarious liability and/or negligence in hiring or supervising the alleged perpetrator. The Does asked the tri

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GREEN v. USA

·Mr. Green's complaint is captioned "United States District Court for D.C. Washington D.C." and contains allegations directed to establishing a class action on behalf of "freedmen members [who] would have rights equal to those of [S]eminoles by blood." Compl. at 1. The complaint lists a variety of federal Indian treaties and refers to statutory provisions codified in
Title 25 of the United St

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Steven Edward Galle v. Isle of Capri Casinos, Inc.

In December 2005, Steven Edward Galle began working in the poker room at Isle of
Capri Casino, Inc., in Biloxi, Mississippi, as an at-will employee. In 2008, Isle of Capri
promoted him to “poker room manager,” a “Key Position” requiring a “Key Employee
License” from the Mississippi Gaming Commission. When Galle applied for a Key Employee License, he failed to disclose a 1994 burglar

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Cameo Bobo v. City of Jackson, Tennessee

This case stems from the demolition of a home formerly located at 425 North Hays Street in Jackson, Tennessee. The home at issue was previously owned by Appellant‟s grandmother, Dorothy Lipson (“Ms. Lipson”). While Ms. Lipson owned the home, its condition deteriorated, and proceedings were initiated in the Environmental Court of the City of Jackson to address the state of the property. On

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Folta v. Ferro Engineering

For four years, from 1966 to 1970, James Folta was employed as a shipping clerk and product tester for defendant Ferro Engineering. During that time period, as part of his job duties, he was exposed to products containing asbestos. Forty-one years later, in May 2011, James was diagnosed with mesothelioma, a disease associated with asbestos exposure. One month later, he brought a civil action in t

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Robert Reedy v. Central Oklahoma Transportation & Parking Authority

Oklahoma City, OK - Robert Reedy sued the Central Oklahoma Transportation & Parking
Authority on an auto negligence governmental tort claim theory under 51 O.S. 151, et seq. claiming:

1. This case arises from an injury suffered by the Plaintiff while a passenger on a Metro Transit Bus operated by the Central Oklahoma Transportation and Parking Authority, (hereinafter “COTPA”) on or a

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Constance M. Wolfchief v. Oklahoma City Housing Authority

Oklahoma City, OK - Constance M. Wolfchief sued Oklahoma City Housing Authority on an auto negligence theory claiming:

1. Plaintiff is sixty-five (65) years of age and resides in the assisted living eenter known as Shartel Towers.
2. Plaintiff has resided in Shartel Towers for approximately twelve (12) years.
3. Defendant, Oklahoma City Housing Authority, owns and operates the Sna

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Cathleen E. Curreri v. Robert B. Saint et al

There is no serious dispute about the facts of this case. The defendants Robert and Linda
Saint own a house that Cathleen Curreri rented from them. According to Curreri, the Saints
allowed mold to grow in the house, rendering it uninhabitable and damaging her furniture,
clothing, and other personal property. Curreri was also in arrears with her rent. As a result, the
Saints

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Richard Audette v. Donald Poulin et al

Audette is a beneficiary of the Claire B. Martel Trust (the trust), a charitable trust that
was established in 1993. Included within the trust was a provision allowing Audette to live rent-
free in a property located at 30 Anthony Way in Tiverton, Rhode Island (the property), though
Audette was required to pay for utilities while he lived there. The trust further provided for

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Sliney v. Previte

Until June, 2014, civil actions alleging
sexual abuse of a minor, which may be brought pursuant to G. L.
c. 260, § 4C (§ 4C), were governed by a three-year statute of
limitations. G. L. c. 260, § 4C, as amended through St. 2011,
c. 178, § 19. Section 4C was amended effective June 26, 2014,
to extend the limitations period from three years to thirty-five
years; the a

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Urvahi B. Patel v. OMH Medical Center, Inc.

¶1 The dispositive issues tendered in these appeals are (1) whether the trial judge abused her discretion in ordering the Patel I judgment vacated, and (2) whether the litigation-related misconduct alleged here may be redressed through a civil action in tort. We answer the first question in the affirmative and the second in the negative.

I
THE ANATOMY OF LITIGATION

¶2 Dr. Urv

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M.R. PITTMAN GROUP, LLC Vs. PLAQUEMINES PARISH GOVERNMENT ET AL

The Plaquemines Parish Government seeks reversal of the trial court's
partial summary judgment that dismissed with prejudice its tort claim, asserted as
one of the claims in its reconventional demand, against M.R. Pittman Group,
L.L.C., on the grounds of prescription. Plaquemines Parish argues that the trial
judge incorrectly decided that there was no genuine issue of material

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Humana Medical Plan, Inc. vs. Mary Reale, et al.

Humana, the appellant in this case, administers Medicare benefits to enrollees
in its Medicare Advantage plans pursuant to a contract with the Centers for Medicare
and Medical Services. At all relevant times, Mary Reale, the appellee, was enrolled
in a Humana Medicare Advantage plan (Humana Gold Plus H1036-054C). In
January 2009, Mrs. Reale sustained injuries resulting from a

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THADDEUS J. NORTH, et al. v. SMARSH, INC., et al.,

Mr. North is a resident of Connecticut. From February 2008 to August 2011, Mr.
North was the Chief Compliance Officer of Southridge Investment Group, LLC (Southridge).
In 2010, FINRA began investigating Southridge because of certain improprieties concerning the
owner’s management of a hedge fund and an alleged business relationship between LK, a broker
registered with Southr

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OBB Personenverkehr AG v. Sachs

Respondent Carol Sachs, a California resident, purchased a Eurail pass over the Internet from a Massachusetts-based travel agent. While using that pass to board a train in Austria operated by petitioner OBB Personenverkehr AG (OBB), the Austrian state-owned railway, Sachs fell to the tracks and suffered traumatic personal injuries. She sued OBB in Federal District Court. OBB moved to dismiss, c

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Lawing v. Univar

This case revolves around the packaging and labeling of sodium bromate, a chemical which contributed to a fire that occurred in a plant owned by Engelhard Corporation (Engelhard) in Seneca, South Carolina, in June 2004. At the time of the fire, Scott Lawing worked at Engelhard's Seneca plant as a maintenance mechanic.1 Engelhard produced a precious metal catalyst used in the automobile industry,

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Bass v. S.C. Dep't of Soc. Servs

Diane and Otis Bass are married and have three children: Brittany, Hanna, and Alex. All three children have special needs, but Hanna and Alex are also autistic. Otis works outside the home, and Diane cares for the children.
Due to their forms of autism and their other cognitive issues, both Hanna and Alex were prescribed Clonidine to help them sleep at night, in addition to other medication

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Nichols v. LaPlante

Plaintiff Scott Nichols is an inmate in the custody and control of the Vermont Department of Corrections (the “Department”). At the time of the events in dispute here, he was incarcerated at Northern State Correctional Facility (“NSCF”). Since filing this complaint, Plaintiff has been released from prison and placed on conditional re-entry furlough in the community. This action was filed on Mar

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United States v. Gonzalez

THIS MATTER comes before the Court on the Motion to Suppress, filed August 7, 2014 (Doc. 675)("Motion"). The Court held evidentiary hearings on the Motion on January 22, 2015, January 28, 2015, and January 30, 2015. The primary issues are: (i) whether the United States Drug Enforcement Agency's investigation of the Homero Varela Drug-Trafficking Organization ("Varela DTO") gave Luis Almonte and Ma

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Commonwealth v. Tejeda

We recite the facts in the light most favorable to the Commonwealth, reserving certain details for our
analysis of the issues raised on appeal. On January 14, 2012, the defendant and two friends, Christopher Pichardo and Stephane Etienne, met with Frederick Reynoso, who was to sell them one half pound of marijuana for $2,200. Together, they traveled in a vehicle the defendant had borrowed f

More...   $0 (12-02-2015 - MA)

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