Toxic Tort Law
 
Badilla v. Wal-Mart Stores East Inc.

Plaintiff, a tree trimmer, purchased a pair of Brahma brand men’s work boots
3 from Wal-Mart on October 19, 2003. The boots’ packaging described the boots as
4 “iron tough,” “rugged leather . . . men’s work boots.” The label also stated that the
5 boots “me[t] or exceed[ed] ASTM F2413-05 standards,” which “outlin[e] what
6 footwear employers must ensure employees use under the Occ

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The Regents of the University of California et al. v. Superior Court of Los Angeles County et al.

Damon Thompson transferred to UCLA in the fall of 2008. Shortly after enrolling in classes, Thompson sent several emails to his history professor, Stephen Frank, reporting that he was “angered” by “offensive” remarks other students had made to him during an examination. Thompson asserted that he was “outrage[d]” because he believed the students’ conduct had affected his academic performance. Fr

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In the Interest of C. H. and N. H., Children

T.N. is the mother of the four children involved in this matter. Her parental rights to the children were terminated by order of the trial court.1 M.H. is the father of the children C.H. and N.H., and his parental rights to the children were terminated in the same trial.2 Each parent appeals, asserting that the evidence was insufficient to
1 Pursuant to Texas Rule of Appellate Procedure 9.8, w

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In the Matter of the Worker's Compensation Claim Of: Adalberto Gonzalez

Mr. Gonzalez states the issues on appeal as follows:
A. Whether W.S. § 27-14-102(a)(vii)’s documentationbased “reasonable belief” can exist, at the time of hire, when the employer inspects no documents upon hire. B. Whether W.S. § 27-14-102(a)(vii)’s “reasonable belief” in USICS-granted work permission can exist, when the employer possesses no USCIS documentation.
Reiman first hired Mr. Go

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Eitan Konstantino v. AngioScore, Inc., et al.

Plaintiff Dr. Eitan Konstantino was one of the founders of Angioscore.
Konstantino served as an officer of AngioScore from its formation in 2003 until March
31, 2007, and as a director of AngioScore from 2003 until February 5, 2010.
AngioScore is a Delaware corporation. It develops, manufactures, and markets the
AngioSculpt Scoring Balloon Catheter (“AngioSculpt”) for both t

More...   $0 (10-04-2015 - DE)

FOSTER v. GEORGIA REGIONAL TRANSPORTATION AUTHORITY

In support of this argument, Foster pointed to
OCGA § 50-21-27 (e), which provides that “[a]ll provisions relating to the
tolling of limitations of actions, as provided elsewhere in this Code, shall apply
to causes of action brought pursuant to [the Tort Claims Act],” and OCGA § 36
33-5 (d), which provides that “[t]he running of the statute of limitations shall be
suspended du

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State of New Hampshire v. Exxon Mobil Corporation

In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. See 42 U.S.C. § 7545(k) (Supp. 1991) (amended 2005, 2007). An oxygenate is a substance used to reduce gasoline emissions. See Oxygenated Fuels Ass’n Inc. v. Davis, 331 F.3d 665, 666 (9th Cir. 2003). The amendment did not mandate the u

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Kevin J. Witasick, Sr. v. Minnesota Mutual Life Insurance Company

A disability policy and a business overhead expense policy issued by Appellee Minnesota Life Insurance Company covered Appellant Kevin Witasick.1 Those policies were later acquired and administered by Appellee Standard Insurance Company. Witasick made claims against both policies, which were honored by the Appellees. A dispute arose, however, concerning the coverage of some of Witasick’s claimed b

More...   $0 (10-02-2015 - NJ)

Yelena Galper v. JP Morgan Chase Bank, N.A.

This is a case about identity theft, and it requires us to consider the
relationship between a New York state law providing remedies for victims of
identity theft and the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.
(FCRA). An identity theft occurs when someone misappropriates another
person’s name or other personal information in order to engage in fraud or other

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EDDIE HOFFMAN v. 21ST CENTURY NORTH AMERICA INSURANCE COMPANY AND CAROLYN ELZY

Eddie Hoffman was injured in October 2010, when his vehicle was rear
ended by a vehicle driven by Carolyn Elzy. The accident occurred at or near the
intersection of Old Hammond Highway and Sharp Road in Baton Rouge,
Louisiana. Mr. Hoffman filed suit against Ms. Elzy and her insurer, 21st Century
North America Insurance Company (“Century”), for damages allegedly resulting

More...   $0 (10-03-2015 - LA)

Defender Security Company v. First Mercury Insurance Company

Appellant Defender Security Company
(“Defender”) purchased a commercial general liability
insurance policy from Appellee First Mercury Insurance
Company (“First Mercury”). Defender timely tendered a
claim to First Mercury, based on a lawsuit filed against Defender
in California state court. First Mercury denied coverage
and refused to defend Defender in that lawsuit. Defend

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In the Interest of N.E., a minor

These appeals are from final decrees terminating the parental rights of TGW (Mother) to children N, K, M, and Ma, and JW (Father) to children K, M, and Ma. The parental rights of N’s father, JE, were not terminated and JE is not a party to this appeal; consequently, we refer to JW as Father. For the reasons that follow, we affirm.
BACKGROUND
Mother and Father began an on-and-off relationsh

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City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Appellants City of San Antonio and San Antonio River Authority were sued by Appellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued

More...   $0 (09-16-2015 - TX)

Personal Touch Holding Corp., and PT Intermediate Holding, Inc. v. LMS Consulting, LLC

In this interlocutory appeal, PT Intermediate Holding, Inc. and Personal Touch Holding Corp. (collectively, “appellants”) challenge the trial court’s orders denying their special appearances in a suit brought against them by LMS Consulting, LLC (“appellee”). We affirm.
BACKGROUND
PT Intermediate Holding is the parent corporation of two Texas corporations, PT Home Services of Dallas, Inc.,

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Brady v. Citizens Union Savings Bank

Eggers's father, Wilson O. Smith, established
the trust in 1987. Among the beneficiaries were Smith's wife,
Betty Georgas (who was not Eggers's mother), Eggers, and
Eggers's children. In December, 2006, Eggers and one of her
daughters initiated a lawsuit in the Probate and Family Court
against the trustees, Thomas T. Brady and Edwin J. Haznar,
alleging breach of fid

More...   $0 (09-30-2015 - MA)

Specialty Select Care Center of San Antonio LLC d/b/a Casa Rio Healthcare and Rehabilitation v. Jose Flores, as next friend of Julie Flores

This is an appeal of a trial court’s order denying a motion to compel arbitration filed by Specialty Select Care Center of San Antonio, LLC d/b/a Casa Rio Healthcare and Rehabilitation. After the parties’ briefs were filed, this court abated this appeal pending the Texas Supreme Court’s decisions in three appeals from this court. See Williamsburg Care Co. L.P. v. Acosta, 406 S.W.3d 711 (Tex. App.—

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Campos v. Coleman

The named plaintiff, Gregoria Campos, in her individual capacity and in her capacity as administratrix of the estate of her late husband, Jose Mauricio Campos (decedent), and the Campos’ three children, Mauricio Campos, Jose Ernesto Campos and Jose Eduardo Campos(Campos children),brought this action against the defendants, Robert E. Coleman and LQ Management, LLC (LQ Management).2 The plaintiffs a

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Extendicare Homes, Inc. v. Belind Whisman and Kimdred Nursing Extendicare Homes, Inc.

This decision consolidates three cases accepted by this Court for
discretionary review pursuant to CR 65.09. By way of motions for interlocutory
relief under CR 65.09, Extendicare Homes, Inc. d/b/ / Shady Lawn Nursing
Home ("Extendicare"), and its affiliated entities,' and Kindred Nursing Centers
Limited Partnership d/b/a Winchester Centre For Health and Rehabilitation
n/k

More...   $0 (09-28-2015 - KY)

Jerry Hudgeons v. Darrell Hallmark

The primary issues we address in this summary judgment appeal are (1) whether Appellant Jerry Hudgeons, Individually and in his capacity as stockholders’ representative for the former stockholders of Total Electrical Service & Supply Co. (TESSCO), possesses standing to pursue the counterclaims he asserted against Appellee Darrell Hallmark, and (2) whether the trial court erroneously granted declar

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Texas State Technical College v. Monique Washington

Monique Washington alleged she slipped and fell in some water in a building on
the campus of Texas State Technical College, a governmental entity. A water line had
broken in the ceiling of the building and flooded the floor. Washington sued TSTC for
the injuries she sustained in her fall. TSTC filed a plea to the jurisdiction which the trial
court denied. Because the trial court di

More...   $0 (09-17-2015 - TX)

Raymond Bronowicz v. County of Allegheny

Bronowicz’s § 1983 claims arise from a complicated series of sentencing and probation revocation proceedings that allegedly had the cumulative effect of unlawfully imposing on Bronowicz additional penalties for criminal judgments that had already been satisfied. Because the sequence of events that culminated in his wrongful incarceration is complex, we must discuss the initial criminal charges an

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Joseph Pressil v. Jason A. Gibson, Jason A. Gibson, P.C. d/b/a The Gibson Law Firm, Clifford D. Peel, II, and Andrew C. Smith’s

In this legal malpractice case, appellant Joseph Pressil sued appellees Jason
A. Gibson, Clifford D. Peel, II, Andrew C. Smith, and Jason A. Gibson, P.C. d/b/a
The Gibson Law Firm (collectively, the “Gibson Parties”) for negligence, gross
negligence, and breach of fiduciary duty arising from the Gibson Parties’
representation of Pressil in a lawsuit. The trial court granted the Gib

More...   $0 (09-10-2015 - TX)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior
Offshore International, Inc., which had obtained a directors and officers (D&O)
insurance policy from appellee XL Specialty Insurance Company. Superior
Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan
agent sought to recover property that the company transferred to Burks and to
avo

More...   $0 (09-15-2015 - TX)

Ted Bradford v. Joseph Scherschligt

Ted Bradford was convicted in 1996 of residential burglary and rape. In 2008, after Bradford served his full tenyear sentence, the Washington State courts vacated his conviction based largely on newly-available DNA testing, which excluded him as a contributor of genetic material found at the crime scene. Prosecutors then proceeded to retry Bradford, which resulted in his acquittal in 2010. In 2

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Landmark Investment Group, LLC v. CALCO Construction & Development Co

The dispute in the present case has a long and circuitous history, which began more than one decade ago when the plaintiff, Landmark InvestmentGroup,LLC(Landmark),acommercialrealestate developer, entered into a contract to purchase an environmentally contaminated property in the town of Plainville (town) with the hopes of remediating and developingitforcommercialuse.Theselleroftheproperty, Chung F

More...   $0 (09-26-2015 - CT)

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