Toxic Tort Law
 
Century Tel of Alabama, LLC, and Qwest Communications Company, LLC v. Dothan/Houston County Communications District and Ozark/Dale County E-911, Inc.

In 1984, the Alabama Legislature enacted the ETSA for the 1 purpose of shortening the time for a citizen to request and receive emergency-services aid via emergency 911. § 11-98-3, Ala. Code 1975. The ETSA provided that the governing body of a municipality or county may create an emergencycommunications district within its jurisdiction to provide enhanced 911 ("E-911") service, which was defined

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Evangeline Limon and Eladio Limon v. Sandra Sandlin et al.

The plaintiffs' daughter was, at all times pertinent hereto, a minor and was romantically involved with Will, who was also then a minor and who is Bill and Sandra's son. It is alleged that during the course of their relationship, the plaintiffs' daughter became pregnant by Will. The pregnancy 1 was purportedly concealed from the plaintiffs. In December 2011, the defendants sought the permission

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Roy v. Dackman

Perhaps the Beatles were expressing skepticism about self-styled experts and their
opinions or just singing nonsense lyrics. Courts do not have the luxury to be ambiguous
about such things. They are called upon frequently to assess the qualifications of
proffered expert witnesses and the worthiness of their proposed opinion testimony as
potential aids to fact-finders. This i

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David A. Gauthier v. Keurig Green Mountain, Inc. f/k/a Green Mountain Coffee Roasters, Inc.

As a preliminary matter, we address Green Mountain’s motion to strike certain
portions of Gauthier’s printed case on the ground that it contains certain excerpts from
Gauthier’s deposition and two pages from Green Mountain’s employee handbook that were not
submitted to the trial court in the proceeding below by either party and thus are not part of the
record on appeal. See V.

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Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the ho

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Kenneth P. Felis v. Downs Rachlin Martin, PLLC, and Gallagher, Flynn & Company, LLP

This case arises out of a divorce proceeding between plaintiff
Kenneth Felis and his former wife, Vicki Felis. Defendant Downs Rachlin Martin, PLLC
(DRM) represented Ms. Felis in the divorce proceeding, and defendant Gallagher, Flynn &
Company, LLP (GFC) was retained by DRM on behalf of Ms. Felis to prepare business
valuations related to the proceeding. Plaintiff appeals the

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Timothy Terry and Penny Terry v. William O'Brien and Susan Cain O'Brien

In the early 1980s, landlords William and Susan O’Brien purchased the subject
property, which is located in the Old North End of Burlington and includes a two-story house
and brick building (referred to as the creamery) with a common wall to the rear of the house.
The creamery has no fixtures and has never been inhabited. After landlords purchased the
property in 1982, the h

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Positive Progressions, Llc, a Wyoming Limited Liability Company, Northern Developmental Disability Service Providers, Inc., a Wyoming Corporation, and Nathan Cook v. Amy Landerman, F/K/A Amy Baxter

In November of 2010, Amy Landerman approached Nathan Cook about buying her business, Northern Developmental Disability Service Providers, Inc. (Northern). Mr. Cook expressed interest in buying the business. On January 24, 2011, Ms. Landerman emailed Mr. Cook and offered to sell Northern for $247,500. Mr. Cook indicated his interest in buying the business and the two agreed to meet at Northern’

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Sedrick Courtney v. City of Tulsa

Tulsa, OK - City agrees to pay $8 million for wrongfully convicting man who spent 16 years in prison

Sedrick Courtney, age 42, sued the City of Tulsa, Alvin R. McDonald, Carol English Cox, Charles Ryan and Doug Noordyke on civil rights violation theories under 42 U.S.C. 1983 claiming that city officials manufactured evidence to convict him on robbery and burglary charges and then obstruct

More...   $8000000 (10-23-2015 - OK)

Sedrick Courtney v. City of Tulsa

Tulsa, OK - City agrees to pay $8 million for wrongfully convicting man who spent 16 years in prison

Sedrick Courtney, age 42, sued the City of Tulsa, Alvin R. McDonald, Carol English Cox, Charles Ryan and Doug Noordyke on civil rights violation theories under 42 U.S.C. 1983 claiming that city officials manufactured evidence to convict him on robbery and burglary charges and then obstruct

More...   $8000000 (10-23-2015 - OK)

Gray, Ritter & Graham, PC; Wolf Haldenstein Adler Freeman & Herz, LLC; Neblett Beard & Arsenault, LLP; Don M. Downing; and Adam J. Levitt v. Goldman Phipps PLLC f/k/a Goldman Pennebaker & Phipps, PC; Mikal C. Watts, PC; and Murray Law Firm

Appellants, Gray, Ritter & Graham, P.C. (“GRG”), Wolf Haldenstein Adler Freeman
& Herz LLC (“WHAFH”), Neblett Beard & Arsenault LLP (“NBA”), Don M. Downing, and
Adam J. Levitt, appeal the trial court’s denial of their special appearances. Appellants
served as leadership counsel representing the plaintiffs in multidistrict litigation in federal
court against Bayer CropScience L.P. a

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Joyce Janette Riddle v. City of Abilene

Joyce Janette Riddle1 appeals the order of the trial court in which the trial
court granted the City of Abilene’s plea to the jurisdiction on her premises defect
claim against the City. Riddle argues, in her sole issue, that the trial court erred
when it granted the plea to the jurisdiction because she raised a question of material
1Donald Wayne Riddle provided an affidavit in this

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Mark Whiting v. James Lillicrap, et al., ,

Plaintiff Mark Whiting is a pretrial detainee currently in in the custody and
control of Defendant Vermont Department of Corrections (the “Department”), who
is incarcerated at Northern State Correctional Facility (“NSCF”). Plaintiff is
awaiting trial on twelve criminal charges in a case pending in the Criminal Division
of this Unit, Docket No. 566-10-13 Oscr. The charges incl

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In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software
Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to
pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger
agreement provided for stockholders to receive $24 per share. Based on the number of
fully diluted shares of TIBCO outstanding, w

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Bank of America, N.A. v. Diamond Financial, LLC

We review the relevant undisputed facts.
Milton J. Miranda and Solange D. Miranda purchased a property in
Shrewsbury on July 31, 2002. The purchase was financed for the
most part with a mortgage loan from Moneyone Corporation. On
August 24, 2004, the Mirandas refinanced with a $336,150
mortgage loan from Argent Mortgage Company, LLC (Argent).3 This
mortgage was r

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Ray Clifton v. Ruby McCammack

Ray Clifton (“Clifton”) and his son Darryl Clifton (“Darryl”) lived together and were very close. Darryl helped take care of his father. On August 3, 2012, fifty-one-year-old Darryl left home on his moped at approximately 11:15 a.m. Shortly after, around 11:28 a.m., Ruby McCammack negligently turned left in front of Darryl, who struck McCammack’s car and suffered fatal injuries. Immediately after

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Wendell H. Taylor v. Lubbock Regional MHMR, and JI Texas Risk Management Fund

Appellant Wendell H. Taylor, appearing pro se, appeals the trial court’s summary judgment disposing of all his claims against appellees Lubbock Regional MHMR and JI Specialty Services, Inc.1 We will affirm the judgment of the trial court.
1 The original answer of Specialty Services states it is “a third-party administrator serving as an agent for the Texas Council Risk Management Fund . . . .”

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Del Grosso v. Surface Transportation Board

Diana del Grosso, et al. petitioners") petitioned the Surface Transportation Board
("Board") for a declaratory order that state and local regulations
of a facility owned by Grafton & Upton Railroad Company ("G&U")
were not preempted by the Interstate Commerce Commission
Termination Act ("ICCTA"), Pub L. No. 104-88, 109 Stat. 803. The
Board held that state and local regulations

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John E. Rodarte, Sr. v. Texas Department of Family and Protective Service

John E. Rodarte, Sr. appeals the trial court’s order dismissing his lawsuit against the Texas Department of Family and Protective Services. In his brief, Rodarte refers to the discovery rule as a reason the trial court erred in dismissing his lawsuit. We affirm the trial court’s order.
BACKGROUND
This is the second appeal arising from the underlying lawsuit. In his lawsuit, Rodarte alleged

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Michael A. Cerny and Myra L. Cerny, Individually and as Next Friends of Cameron A. Cerny, A Child v. Marathon Oil Corporation, Marathon Oil EF LLC, and Plains Exploration & Producing Company

Michael A. Cerny and Myra L. Cerny, individually, and as next friends of their minor son Cameron A. Cerny (collectively, the Cernys) sued Marathon Oil Corporation1 and Marathon Oil EF, LLC (Marathon), as well as Plains Exploration & Production Company (Plains), for private
1 Marathon Oil Corporation was dismissed from the suit on the ground that it was not the owner or operator of the subject

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Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to

More...   $410000 (10-19-2015 - MT)

John Joerg, Jr. v. State Farm Mutual Automobile Insurance Co.

At common law, the collateral source rule governed both evidence and
damages. See, e.g., Gormley v. GTE Prods. Corp., 587 So. 2d 455, 457 (Fla.
1991). Historically, the damages aspect of the collateral source rule prevented the
reduction of damages by collateral sources available to the plaintiff. Id. This rule
rested on the principle that a tortfeasor should not benefit fr

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Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained in

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Derek J. Burton v. Michael Downey

Plaintiff‐appellee Derek J. Burton
filed a civil rights action under 42 U.S.C. § 1983, alleging that
members of the staff at the Jerome Combs Detention Center
(“JCDC”) violated his constitutional rights while he was de‐
tained for eighteen months awaiting trial. The district court
denied defendants’ motion for summary judgment, ruling
that a reasonable jury coul

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John Michael Woods v. City of Berwyn

When John Woods told a coworker
at the Berwyn Fire Department that “he wanted to
2 No. 13-3766
kill somebody, all of them” and that his children were going
to “go over there” and “tune them up,” referring to his
coworkers and superiors, Fire Department Chief Denis
O’Halloran looked into the statements and eventually recommended
termination. A three-member panel for the<

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