Toxic Tort Law
 
Cal Dive Offshore Contractors Inc. v. Nigel Bryant

Appellant Cal Dive Offshore Contractors, Inc., appeals from a final judgment
in favor of appellee, Nigel Bryant, following a jury trial on Bryant’s suit for injuries
sustained in a slip-and-fall accident on Cal Dive’s ship. Cal Dive raises six issues on
appeal. In its first, second, and fourth issues, Cal Dive argues that the trial court erred
in its application of English law to t

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In the Matter of G.P

On May 4, 2015, G.P's mother petitioned the New Bedford Division of the District Court Department (New
Bedford District Court) to have her daughter committed pursuant to § 35. The petition alleged in relevant part that G.P.'s mother had observed G.P. abusing heroin and that G.P. was using about two grams per day; that G.P. had stated that she would kill herself with heroin if she could obtai

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NGUYEN et al. v. SOUTHWESTERN EMERGENCY PHYSICIANS, P.C. et al.

This case involves the application, on motion for summary judgment, of
Georgia’s so-called “ER statute,” OCGA § 51-1-29.5, which requires that
plaintiffs who bring malpractice claims based on “emergency medical care”
provided in a hospital emergency department must meet a higher standard and
burden of proof to prevail. In this case, the plaintiffs took their infant daughter,
w

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The Henderson Square Condominium Association v. LAB Townhomes, LLC

Plaintiffs filed their initial complaint on October 31, 2011. Plaintiff Henderson is a not-for-profit corporation with its principal place of business located in Chicago. Henderson is the governing body of a property of townhomes located in Chicago, and Henderson is controlled by its Board, which is comprised of elected managers. ¶ 4 Defendants can be divided into three groups, which we will refe

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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 th

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Price v. Philip Morris, Inc.

The plaintiffs, Sharon Price and Michael Fruth, as individuals and on behalf of a class of similarly situated individuals, filed a petition in the circuit court of Madison County seeking relief from judgment pursuant to section 2-1401 of the Code of Civil Procedure (735 ILCS 5/2-1401 (West 2012)). The circuit court denied the petition on the merits and the appellate court reversed In February, 200

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Danker & Danker Public Relations v. McCants

Deborah Danker filed a petition against Brenda McCants individually based on unpaid invoices from an alleged service contract. Danker asserted she, through her business Danker and Danker, Public Relations, had contracted with McCants and Blending Moments to promote McCants' greeting card line for blended families. The trial court granted McCants' motion for summary judgment, finding she was not p

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Donald Davis v. Texas Department of Criminal Justice et al

Appellant, Donald Davis, is currently incarcerated at the French M. Robertson
Unit of the Institutional Division of the Texas Department of Criminal Justice,
located in Jones County. Appearing pro se and in forma pauperis, Appellant
challenges the trial court’s order dismissing his suit without a hearing. We affirm.
2
On August 2, 2011, Appellant filed the underlying action aga

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Kimberly Wood v. Neal E. Wood Jr.

The parties do not dispute the underlying facts as established at trial.
On April 3, 2010, Kimberly was a passenger on a motorcycle operated by her
husband when she was injured in an accident caused by his negligence. At the 2 time, both Neal and Kimberly were named insureds on a motorcycle insurance policy from Progressive Insurance Company. That policy contained the following
p

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Nationwide Mutual Ins. Co. v. Pasiak

In this declaratory judgment action, the plaintiffs, Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, appealfromthejudgmentof thetrialcourtdetermining that, pursuant to a personal umbrella insurance policy issued by theplaintiffs in favor ofthe defendant Jeffrey S. Pasiak,1 the plaintiffs had a duty to defend the defendantandtoindemnifyhimfordamagesawardedagainst

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The Honorable Karen Weldin Stewart, et al. v. Wilmington Trust SP Services, Inc., et al.

This 2nd day of November 2015, upon consideration of the parties’ briefs and the
record below, it appears to the Court that:
(1) On this appeal, a receiver of an insolvent insurer seeks to appeal the Court of
Chancery’s decision to dismiss its claims for breach of contract and professional
negligence against Wilmington Trust, whi

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William P. Aubin v. Union Carbide Corporation

William P. Aubin worked as a construction supervisor for his father’s
company between 1972 and 1974, overseeing construction of the residential
development Desoto Lakes in Sarasota, Florida. While at work on the construction
site, Aubin was exposed to and inhaled respirable dust created by the sanding and
sweeping of drywall joint compounds and spraying of ceiling texture spra

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Brissette v. Ryan

After a Superior Court trial in this legal
malpractice case, a jury found that the primary defendant,
Edward J. Ryan, Jr., was negligent in his representation of the
plaintiff, Marie D. Brissette, and awarded damages to her in the
amount of $100,000 against Ryan and his law firm, Ryan,
Boudreau, Randall, Kirkpatrick & Baker, LLP (law firm)
(collectively, defendants).2

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LOUISA D. REDDIC v.EAST TEXAS MEDICAL CENTER REGIONAL HEALTH CARE SYSTEM, INDIVIDUALLY AND D/B/A EAST TEXAS MEDICAL CENTER-CROCKETT, INC.

This case involves a claim against a hospital by a visitor who fell in the hospital lobby. The
question is whether it is a health care liability claim under the Texas Medical Liability Act. See TEX.
CIV. PRAC. & REM. CODE ch. 74. We conclude it is not, because the record does not demonstrate
a substantive relationship between the safety standards the visitor alleged the hospital bre

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Jennifer Bettenhausen v. Looks By Malissa, Inc. d/b/a BA Med Spa & Weight Loss Center

Tulsa, OK - Jennifer Bettenhausen sued Looks By Malissa, Inc. d/b/a BA Med Spa & Weight Loss Center on a negligence theory claiming:

This is a case of gross negligence and fraud by a self-described “Medical Spa and Weight Loss Center”) and one of its technician employees. The BA Med Spa actively advertises and solicit patients for a business venture known as “BA Med Spa and Weight Loss Ce

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AGGREGATE CONSTR. v. AARON SWAN & ASSOCS.

On December 31, 2007, Aggregate delivered samples of Type 2A
aggregate to Swan for sodium-sulfate soundness testing.1 Aggregate planned to
quote prices for the material to prime contractors that intended to bid on a SDDOT
project requiring the material. Before quoting prices, Aggregate engaged Swan to
test material from the Ophiem pit in Perkins County, South Dakota, to deter

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Prog Wst Solutions of LA, Inc. v. Lafayette City-P

These consolidated appeals arise out of a challenge to an ordinance passed by the Lafayette City-Parish Consolidated Government (the “LCG”), which prevented the construction of future solid-waste transfer facilities in Lafayette Parish. At the time that the ordinance at issue was passed, Progressive Waste Solutions of LA, Inc. (“Progressive”) had already entered into a lease agreement to operate

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NATIONAL SURETY CORPORATION vs. WESTLAKE INVESTMENTS, LLC

In 2003, Westlake Investments, LLC, entered negotiations to purchase
Westlake Apartments, a 300-unit apartment complex in West Des Moines, while
the complex was under construction.1 The developers (collectively, MLP
Management, LLC) guaranteed the construction would be “first class and of
workmanlike quality.” MLP purchased a primary commercial general liability
(CGL) po

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Hector Gonzalez v. Atenea Capital Markets Fund, LP

This is an appeal stemming from a dispute regarding an alleged investment scam. Appellee, Atenea Capital Markets Fund, LP (“Atenea”), brought suit against several of its founders, including appellant, Hector Gonzalez, for multiple causes of action. In three issues on appeal, Gonzalez argues Atenea did not have standing to sue, Atenea’s claims were not ripe at the time the lawsuit was filed, and At

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Martin v. Med-Dev Corporation and Finley

This case involves a dispute over the management of a medical device company.
Members of the company‟s board of directors accused the Chairman and CEO—the
plaintiff in this action—of misappropriating company funds, leading to his eventual
resignation. Although the plaintiff believed his resignation was contingent on the
appointment of two investors to the company‟

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Branch Banking & Trust Company et al. v. Rex A. Nichols and Claudene Nichols

In late 2005, Sonny began talking to Winfree about obtaining financing from Colonial Bank ("Colonial"), Winfree's employer, for the purchase of approximately 500 acres of real property in Stapleton, Alabama ("the Stapleton property"). The Nicholses intended to develop the Stapleton property into a subdivision. Both Sonny and Claudene had worked in the real-estate market in Baldwin County for seve

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Shaun Michael Bosse v. State of Oklahoma

Shaun Michael Bosse was tried by jury and convicted of Counts I, II and III, First Degree Murder in violation of 21 O.S.Supp.2009, § 701.7(A); and Count IV, First Degree Arson in violation of 21 O.S.2001, § 1401(A), in the District Court of McClain County, Case No. CR-2010-213. For each of Counts I-III, the jury found that Bosse knowingly created a great risk of death to more than one person, that

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Wood v. Nunnery

Terry Wayne Wood (“Plaintiff”) was injured on 10 May 2006,
in an automobile accident in Harnett County, as a result of the
negligence of Jeremy Nunnery (“Defendant”). At the time of the
accident, Plaintiff was driving a truck owned by Plaintiff’s
employer, in the course of his employment. Plaintiff filed a
complaint on 30 April 2009 against Defendants North Carolina

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James LeBlanc, Christine LeBlanc Fortin, David LeBlanc and Herman LeBlanc v. Robert E. Snelgrove

This case encompasses two main related sets of disputes. One dispute arises from a landowner’s replacement of his boathouse and construction of ancillary retaining walls that encroach onto his neighbors’ property. This dispute includes claims for declaratory and injunctive relief, as well as damages on account of the landowner’s alleged
trespass. The neighbors challenge the trial court’s c

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Maryland Board of Physicians v. Mark Geier, M.D.

During a disciplinary proceeding against appellee Mark Geier, M.D., the Maryland
Board of Physicians publicly disclosed confidential medical information concerning Dr.
Geier, his wife Anne, and their son David. David Geier was the subject of a separate
disciplinary proceeding at the time of the disclosures.
The Geiers responded to the disclosures by accusing the Board, its 22

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