Toxic Tort Law
 
Robert Maier v. Kira Johnson

Oklahoma City, OK - Robert Maier sued Kira Johnson on a personal tort theory claiming:

1. On or about January 31, 2014, Plaintiff was attempting to aid an injured and unconscious German Shepard dog when Plaintiff was attacked by the dog. The attack occurred in Oklahoma County and the dog was not provoked.
2. This Court has jurisdiction over the parties and subject matter in this claim

More...   $1 (10-26-2015 - OK)

Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Deceased, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative et al v. Amerimex Drilling I, LTD.

This appeal asks us to decide if the proof necessary to place an employee within the “course and scope” of employment for the purposes of vicarious liable differs from that under the Texas Worker’s Compensation Act. The question arises in the context of an oil field employee, who after his shift had ended at a remote drilling site, was involved in a tragic automobile accident while transporting hi

More...   $0 (11-03-2015 - TX)

Clinton Adams v. City of Dallas, Texas

In a single issue, Clinton Adams appeals the trial court’s decision to grant a plea to the jurisdiction. We affirm the trial court’s order. Because all issues are settled in law, we issue this memorandum opinion. TEX. R. APP. P. 47.4.
BACKGROUND FACTS
On July 28, 2011, Adams was involved in a car accident with Adeba Ghebrekidan. Both Adams and Ghebrekidan maintain the accident was caused b

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Randall Thompson v. Herbert Hamm

Plaintiff-Appellant Randall Thompson (―Appellant‖) was the Maintenance Manager at the City of Memphis South Water Treatment Plant (―the plant‖) for over four years. During his tenure as Maintenance Manager, the City allegedly received numerous complaints against Appellant concerning racial discrimination against African Americans. In May 2008, Defendant-Appellee Herbert Ham

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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

More...   $0 (11-17-2015 - TN)

Randall Thompson v. Herbert Hamm

Plaintiff-Appellant Randall Thompson (―Appellant‖) was the Maintenance Manager at the City of Memphis South Water Treatment Plant (―the plant‖) for over four years. During his tenure as Maintenance Manager, the City allegedly received numerous complaints against Appellant concerning racial discrimination against African Americans. In May 2008, Defendant-Appellee Herbert Ham

More...   $0 (11-17-2015 - TN)

LightSquared Inc. et al v. Deere & Company et al

Before the Court is the joint motion of Defendants Deere & Company ("Deere"), Garmin
International, Inc. ("Garmin"), Trimble Navigation Limited ("Trimble"), and The U.S. GPS
Industry Council ("USGIC," and collectively, "Defendants") to dismiss two related actions
brought against them by LightSquared, Inc. ("LightSquared"), a mobile telecommunications
company currently in Chapte

More...   $0 (11-17-2015 - NY)

Irene Peinado Del Moral v. Abuvali Iskandarov

Oklahoma City, OK - Irene Peinado Del Moral, individually and as next friend of Frederico Del Moraln, Amparo Garcia and Victor Chavez, Jr. sued Abuvali Iskandarov and the City of Oklahoma City on governmental tort claims under 52 O.S. 151, et seq. claiming:

1. On February 8, 2014, Plaintiff Irene Peinado del Moral driving a vehicle owned by Amparo Garcia, and had four passengers, Victor C

More...   $0 (10-02-2015 - OK)

Robert Baxter v. Charleston's Restaurant Group, Inc.

Oklahoma City, OK - Robert Baxter sued Charleston's Restaurant Group, Inc. a/k/a Hal Smith Restaurant Group, and The Garage Edmond, LLC on personal tort theories claiming:

1. The plaintiff is a resident of Oklahoma County, Oklahoma.
2. The defendant is a domestic for profit business corporation with its principal place of business in Oklahoma City, Oklahoma.
3. All of the events w

More...   $0 (10-12-2015 - OK)

Oasis Legal Finance Group v. Coffman

Oasis Legal Finance Group, LLC; Oasis Legal Finance, LLC; Oasis Legal Finance
Operating Company, LLC (collectively, “Oasis”); and Plaintiff Funding Holding, Inc.,
d/b/a LawCash (“LawCash”), operate nationwide, but they began doing business in
Colorado in 2004 and 2001, respectively. They provide money to plaintiffs with
pending personal injury claims arising from events such a

More...   $0 (11-16-2015 - CO)

Chevron Corp. v. Donziger

A provincial court in Ecuador has entered a multibillion dollar judgment against Chevron Corporation ("Chevron") in an action brought by indigenous peoples in the Amazonian rain forest (the "Lago Agrio Plaintiffs" or "LAPs").1 The gravamen of their case is alleged pollution of the rain forest in years ending in 1992 by Texaco, Inc. ("Texaco"), the stock of which Chevron acquired at the end of 2001

More...   $0 (11-15-2015 - NY)

BOMBARDIER, INC. v. UNITED STATES DEPARTMENT OF LABOR et al

When someone believes that he or she has been discharged or otherwise discriminated
against in violation of § 42121(a), the person has ninety days from the date of discharge or
discrimination to file a complaint with the Secretary of Labor. Id. § 42121(b)(1); 29 C.F.R.
§ 1979.103(d). Department of Labor regulations oblige the complainant to file the complaint
with the Occupatio

More...   $0 (11-15-2015 - DC)

Mason v. Fremont Investment & Loan

Plaintiff executed a note with Defendant Fremont in the amount of $128,000.00 (the “Note”) on or about September 7, 2005. See Dkt. No. 1-3 at 4, ¶ 10. The Note was secured, through a deed of trust (the “Deed of Trust”), with property located in Palmer, Texas (the “Property”). See id. at 3-4, ¶¶ 9, 11. Defendant MERS, as nominee for Fremont and its assigns, was the beneficiary of the Deed of Trust.

More...   $0 (11-15-2015 - )

United States v. Carlos Urena and Limet Vasquez

The Trinitarios Gang was formed in the Rikers Island prison in the early 1990s to protect
inmates primarily, but not exclusively, of Dominican origin.
Gang members engaged in criminal activity within prison, including carrying weapons and
distributing narcotics. See, e.g., Tr. 185 (Gonzalez). Eventually, the gang spread throughout the
New York City area. And its members beg

More...   $0 (11-15-2015 - NY)

Amarin Pharma Inc. v. U.S. FDA

Amarin is a biopharmaceutical company incorporated in Delaware and based in New
Jersey. Compl. ¶ 24. It and four medical doctors resident in New York2 (collectively, “Amarin”)
bring this suit against the FDA, two officials with responsibility over the FDA (Dr. Stephen
Ostroff and Sylvia Matthews Burwell), and the United States (collectively, the “FDA”).3 The
FDA is the federa

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EXXON MOBIL CORPORATION v. USA

In 1942 and 1943, during World War II, the Government entered into contracts with the corporate predecessors of Exxon Mobil Corporation (“Exxon”) to produce high octane aviation gasoline (“avgas”) that would be used to fuel military aircraft (“Avgas Contracts”).The Government considered avgas to be a “superfuel” that allowed airplanes to fly with more power, speed, quicker take-off, and was essent

More...   $0 (11-12-2015 - DC)

Christine E. Reule v. M & T Mortgage, M & T Bank Bayview Loan Servicing, LLC, Bayview Financial Trading Group, LP, Bayview Financial LP and Hughs, Watters, Askanase, LLP

Appellant Christine E. Reule appeals from a take nothing judgment in favor
of appellees M&T Mortgage, M&T Bank, Bayview Loan Servicing, LLC,
Bayview Financial Trading Group, LP, Bayview Financial, LP, and Hughes,
Watters & Askanase, LLP (collectively, Mortgagees/Representatives), as well as
2
appellees Carolyn Taylor, Audrey Lewis, Jeff Leva, Sandy Dasigenis (collectively,

More...   $0 (10-29-2015 - TX)

McGINNITY v. KIRK

This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence on the McGinnitys' claims of failure to maintain insurance and failure

More...   $0 (11-09-2015 - OK)

State Of Kansas v. Robinson

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 seven fac

More...   $0 (11-09-2015 - KS)

Isaac A. Poter, Jr. v. United States of America

Isaac A. Potter, Jr., commenced this action on June 3, 2015. See generally Compl. Plaintiff alleges numerous causes of action in the complaint including: false allegations, retaliatory conduct, conspiracy to harm a patient and the patient's family, emotional distress, mental anguish, slander, violation of the patient's and spouse of the patient's constitutional rights, discriminatory acts, various

More...   $0 (11-09-2015 - DC)

Allstate Insurance v. Kponve

The parties to this appeal are appellant, Allstate Insurance Company (“Allstate”), and
appellee, Austria Kponve (“Mrs. Kponve”). At all times here pertinent, Allstate provided
underinsured motorist coverage to Mrs. Kponve. On April 10, 2009, while Allstate’s policy was in force, Mrs. Kponve was involvedin an automobile accident with a motorist named Douglas Leonel Mendoza (“Mendoza”).

More...   $0 (11-09-2015 - MD)

Sutton v. Fedfirst Financial

On April 15, 2014, FedFirst and CB Financial announced that the two corporations
had executed a merger agreement that, if approved by the stockholders of a majority of the
outstanding shares of stock, would result in the merger of FedFirst and CB Financial.2 The
merger agreement provided that FedFirst shareholders would receive either $23.00 in cash
or 1.1590 shares of CB Fina

More...   $0 (11-09-2015 - MD)

Walter R. Ross, Jr., M.D. v. Anita Marion

Anita Marion ("Marion") sued Noland Hospital Birmingham, LLC, and Noland Health Services, Inc. (hereinafter referred to collectively as "Noland"), Walter R. Ross, Jr., M.D., and Bernis Simmons, M.D., in the Jefferson Circuit Court seeking damages resulting from the death of her husband, Arthur Marion ("Arthur"). Following a trial, the jury returned a verdict in favor of Dr. Simmons but against Dr.

More...   $0 (11-08-2015 - AL)

Amir Meshal v. Chris Higgenbotham

Amir Meshal filed this Bivens action, see Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), against several agents of the Federal Bureau of Investigation (“FBI”), claiming they violated his Fourth and Fifth Amendment rights when they detained, interrogated, and tortured him over the course of four months in three African countries. Meshal insists a Bivens remedy

More...   $0 (11-07-2015 - DC)

Clarke, ex rel v Mikhail

Plaintiff commenced this wrongful death and medical malpractice action
against Dr. Ashraf Gad Bakhom Mikhail (“Dr. Mikhail”), Jessica Hardin (“Ms.
Hardin”), and Coastal Carolina Neuropsychiatric Center (“CCNC”) on 30 September
2011. Plaintiff alleged Ms. Hardin was negligent in prescribing and dosing a drug,
Lamictal, to treat Erica Bohn’s (“Ms. Bohn’s”) severe mental illness.

More...   $0 (11-06-2015 - NC)

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