Toxic Tort Law
 
Not Afraid v. Mumford, et al.

Not Afraid was severely injured during a single vehicle accident in the early
morning hours of August 18, 2009. The vehicle, driven by Jeremy Flatmouth, was
traveling on Zimmerman Trail in Billings, Montana. Zimmerman Trail is a steep,
winding, narrow road with Jersey-type concrete barriers along the sharp curve where the
accident occurred. Flatmouth, who was intoxicated an

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Rosie Moore v. Jackson Cardiology Associates, P. A.

On April 5, 2011, fifty-eight-year-old Moore went to Jackson Cardiology Associates
for a stress myocardial perfusion scan, or “stress test.” A stress test uses nuclear medicine
to evaluate the heart’s function and blood flow. So the cardiologist could see how Moore’s
heart functioned under stress, she was given two options to elevate her heart rate—exercise
or medication. Moore

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RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court,
counsel for RBC emphasized that RBC “intentionally made appellate arguments that do
not require this Court to review findings of fact.” Although RBC has chosen to avoid any
direct and specific challenge to the facts as found by the trial court, this Court,
nevertheless, has examined the appellate

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Metropolitan Property and Casualty Insurance Company v. Estate of Eric E. Benson et al.

[¶1] The Estate of Eric E. Benson appeals from a summary judgment
entered by the Superior Court (Cumberland County, Warren, J.) in favor of
Metropolitan Property and Casualty Insurance Company on Metropolitan’s
complaint seeking a declaratory judgment. On appeal, the Estate contends that the
Superior Court erred in concluding that an intentional loss exclusion in a
homeowner’s

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Janet Woods, individually and as Personal Representative of the Estate of Georg Woods v. St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D.

Tulsa, OK Janet Woods, individually and as Personal Representative of the Estate of Georg Woods sued St. John Medical System, Inc. d/b/a St. John Institute, Heart Center of Tulsa, Inc. and Jose R. Median, M.D. on medical negligence theories claiming:

1.1 This is a civil action for damages in excess of one million dollars.
1.2 Venue is proper in Tulsa County, Oklahoma because all of th

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Theodore Franklin Davis v. Knox County, Tennessee

The plaintiff, who is diabetic, alleges that Pretrial Services placed the SCRAM too tightly around his ankle. He states that he immediately communicated to the officers that he was diabetic. He told them that the SCRAM was too tight, but the officers ignored his complaint. This discomfort was exacerbated several days later when the plaintiff went on a hike. The next day, he contacted Pretrial

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Tonieta Benson v. Norman Regional Hospital Authority

Norman, OK - Tonieta Benson v. Norman Regional Hospital Authority on a medical negligence (medical malpractice) theory claiming:

1. The Norman Regional Hospital Authority is a public trust operating the Norman Regional Hospital in Norman, Oklahoma.
2. The Plaintiff is in actual or substantial compliance with the Governmental Tort Claims Act and this Petition is timely filed. A claim w

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Glossip v. Gross

After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel a

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Twilladean Cink v. Grant County, Oklahoma

Plaintiff Twilladean Cink appeals from a grant of summary judgment in favor
of defendant Grant County, Oklahoma, on her claims under the Age Discrimination
2
in Employment Act (ADEA), 29 U.S.C. §§ 621-634, and the Americans with
Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213.1 The district court concluded
that Grant County was not her employer and therefore was not subject to

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ESTES EXPRESS LINES v. USA

This matter involves a long-standing dispute over unpaid freight charges. On October 31, 2007, the Marine Corps Community Services (“MCCS”) awarded contract number H0107-D0005 to Salem Logistics, Inc. (“Salem”), a freight broker. Estes Express Lines v. United States, 739 F.3d 689, 691 (Fed. Cir. 2014). Pursuant to that contract, Salem provided MCCS with certain transportation and freight manage

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Poirier V. Blue Seal at Taft Corner, Inc.

The evidence presented to the court is that the veterinarian cannot say that it is
more likely than not that the horse either became ill or died because of eating the new
feed. Given that, it would be pure speculation to conclude that the illness or death were
related to the feed. It would also be highly prejudicial to Defendant for the jury to hear
about the death. The motion

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In re ChinaCast Education Corporation Securities Litigation

Under Rule 10b-5 of the Securities Exchange Act of
1934, “it is unlawful for ‘any person, directly or indirectly,
. . . [t]o make any untrue statement of a material fact’ in
connection with the purchase or sale of securities.” Janus
Capital Grp., Inc. v. First Derivative Traders, 131 S. Ct.
2296, 2301 (2011) (alteration in original) (quoting 17 CFR
§ 240.10b-5(b)). Both par

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Pauma Band of Luiseno Mission Indians for the Pauma & Yuima Reservation v. State of California

Sixteen years ago more than sixty Native American tribes
entered into Tribal-State Gaming Compacts with the State of
California. Sadly, the long and tortured history leading to the
culmination of these Compacts did not cease there. Rather,
litigation based on ambiguous provisions as to the number of
authorized gaming devices has ensued for most of the
duration of these Comp

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State Of Kansas v. John E. Robinson, Sr.

1.
A constitution-based claim for venue change can arise under a theory of presumed or actual prejudice. Presumed prejudice occurs when pretrial publicity is so pervasive and prejudicial that there can be no expectation of an unbiased jury pool in the community. In deciding whether to presume prejudice under the Sixth Amendment to the United States Constitution, an appellate court considers se

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Akilah Louise Wofford, et al. v. M.J. Edwards & Sons Funeral Home Inc., et al.

Plaintiff/Appellee Akilah Wofford‘s father, L.C. Wofford, died on June 10, 2013 after suffering a heart attack in his yard. Ms. Wofford, who graduated from high school in 2008, was a college student at the time of her father‘s death. She was raised by her father. When her father passed away, her aunt assisted her with making the funeral arrangements. The family contacted Defendant/Appellant M.J. E

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Lyle Hird v. American Family Mutual Ins. Co.

Lyle and Carol Hird appeal the judgment dismissing their bad faith claim against their insurer, American Family, denying their request for additional interest under WIS. STAT. § 628.46(1), and denying
their request for double costs and interest under WIS. STAT. § 807.01 (2013-14).1 For the reasons set forth below, we conclude that: (1) American Family is entitled to summary judgment as to

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328 Barry Avenue, LLC vs. Nolan Properties Group, LLC

The questions presented in this case concern the interpretation and application of
the 2-year statute of limitations in Minn. Stat. § 541.051, subd. 1(a) (2014), which applies
to actions “arising out of the defective and unsafe condition of an improvement to real
property.” Appellant 328 Barry Avenue, LLC (328 LLC) used respondent Nolan
Properties Group, LLC (NPG) as the gene

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Ryan Stensland v. Harding County

Ryan Stensland sued Harding County for negligence after he drove
into a washed-out portion of a county road. A jury returned a general verdict for the
County. Stensland appeals alleging that the court erred because it did not grant his
motion for judgment as a matter of law that the County was negligent. He alleges
the court further erred by allowing questions regarding assu

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Christopher Karone Turner v. Carlos D. Delgado, James Garland, and Alvin Harris

Seeking a judgment for $301,000 in actual damages and $1,000 in punitive damages under the Texas Theft Liability Act, Christopher Karone Turner sued three employees of the Texas Department of Criminal Justice, Correctional Institutions Division. See Tex. Civ. Prac. & Rem. Code Ann. § 134.001-.005 (West 2011). The trial court dismissed Turner’s suit. See Tex. Civ. Prac. & Rem. Code Ann. § 14.010 (W

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Tulsa Stockyards, Inc. v. Clark

The Oklahoma Legislature created the State Insurance Fund (Fund) in 1933 to provide workmen's compensation insurance to public employers and to private employers who were unable to secure insurance from private insurers. 1933 Okla. Sess. Laws, ch. 28 (most recently codified at 85 O.S.1991, § 131, et seq.). The Legislature established the Fund as a revolving fund 2 in the State Treasury that consis

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Broom v. Wilson Paving & Excavating, Inc.

Wilson Paving & Excavating, Inc. was one of several subcontractors retained to perform services in connection with a renovation project at Sand Springs Memorial Stadium at Charles Page High School. Specifically, Wilson Paving contracted to dig trenches and lay pipe for a storm drainage system being installed under the school's athletic field. Wilson Paving utilized a local staffing agency, Labor R

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The STATE of Arizona v. Christopher Mathew PAYNE

Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13–4031.

I. FACTUAL AND PROCEDURAL BACKGROUND 1

¶ 2 Christo

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MEIKO PREVO v. STATE OF LOUISIANA

Plaintiff, Meiko Prevo, was arrested in April 2000 in East Baton Rouge Parish,
Louisiana, for the felony offense of crime against nature. Plaintiff ultimately pleaded
guilty to a reduced charge of criminal mischief, a misdemeanor. She was sentenced
to ninety days in jail, suspended, and placed on probation for a period of one year,
which she successfully completed. For purposes

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Hoesli v. Triplett, Inc

Douglas K. Hoesli, a full-time maintenance worker with Triplett, Inc., was injured in a workplace accident for which he is entitled to workers compensation. Prior to his injury, Hoesli was receiving social security retirement benefits and earning additional employment income without a reduction in his social security because he had reached full retirement age. See 42 U.S.C. § 403(f)(8)(E) (2012).

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Aaron Houseman and Nancy Houseman v. Eric S. Sagerman, et al.

In 1996, Nancy Houseman and her husband Aaron Houseman (together the
―Housemans‖) formed Med-Legal, Inc.,2 which they sold to Universata, Inc.
(―Universata,‖ or the ―Company‖) in 2006 for a seven-year stream of payments
totaling approximately $9 million.3 In 2009, after the Company had difficulty
making their payments, the Housemans and Uni

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