Toxic Tort Law
 
Michael Belanger v. Geico General Insurance Co.

The relevant facts are undisputed. On December 27, 2007, Belanger was in an automobile accident with Natalie N. Stephen, GEICO’s insured. Belanger sued Stephen and GEICO in state court. He alleges that, before trial, he offered to settle his claim against both parties for the policy limits of $25,000, but GEICO rejected his offers. Following a trial, the court entered a judgment against Stephen in

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Lattimore v. Dickey

A. Albert’s treatment at Salinas Valley and Yvonne’s wrongful death action
On January 21, 2011, Albert was brought to Salinas Valley for a blood transfusion. He was complaining of pain and weakness. Family members reported that Albert had passed black-colored stools a few days earlier. Albert was 74 years old and had been previously diagnosed with chronic myelomonocytic leukemia.
D

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Hellam v. Crane Co

Hellam sued Crane and several other defendants after he developed mesothelioma, a fatal cancer caused by exposure to asbestos. The facts underlying his claims are not at issue and may be briefly summarized from our prior opinion. As a young man in the 1960’s, Hellam worked for several summers at his grandfather’s boiler business in Monterey, Monterey Boiler Service (MBS). He was exposed to asbe

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Judicial Council v. Jacobs Facilities

JCC is the administrative agency of California’s judicial branch. In 2005, JCC issued a request for proposals (RFP) for the provision of maintenance and repair services to courthouses and other judicial branch buildings throughout Southern California. The successful respondent was Facilities, a wholly owned subsidiary of Jacobs, which is a publicly traded corporation.
JCC and Facilities e

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LA Taxi v. Independent Taxi Owners

On August 2, 2013, plaintiffs filed a complaint for damages and injunctive relief against defendants. The complaint alleged that Yellow Cab, Bell Cab, ITOA, and Checker Cab are taxicab service companies operating in Los Angeles County. It further alleged that defendants engaged in false advertising on the Internet. According to the complaint, taxi companies engage in “search advertising” -- the

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Soto v. BorgWarner Morse TEC

In December 2009, Medina was diagnosed with mesothelioma, a type of cancer usually caused by exposure to asbestos. He filed a personal injury complaint against numerous defendants in March 2010, alleging causes of action for negligence, breach of implied warranty, strict products liability, fraud/failure to warn, and conspiracy to defraud/failure to warn. Medina preserved his testimony in video-

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American Bank v. BRN Dev. & Taylor Eng.

This case arises from the failed Black Rock North Development project undertaken by BRN in Coeur d’Alene. BRN was formed by Marshall Chesrown, who served as CEO, to develop a high-end 325-unit residential and golf course community on the west side of Lake Coeur d’Alene. The project was known as Black Rock North. American Bank was the lender for this project. The project required that BRN obtain

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Lee v. Hanley

Code of Civil Procedure section 340.6, subdivision (a) (hereafter section 340.6(a)) provides: “An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the w

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Fluor Corporation v. Super. Ct

For many decades the original Fluor Corporation performed engineering, procurement, and construction (EPC) operations through various corporate entities and subsidiaries. Beginning in 1971, Hartford became one of numerous insurers of the original Fluor, issuing to it 11 “comprehensive general liability” (CGL) policies from mid-1971 to mid-1986.
Each policy covered, among other things, “pe

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MONTE M. THOMPSON vs. ATI PRODUCTS, INC

Monte Thompson was employed by Aventure Staffing and Professional
Services, LLC. Aventure is a labor broker that, among other things, assigns its
employees to perform work on a temporary basis for its customers. Thompson
was one such employee. On July 29, 2010, Thompson was seriously injured on
his first day of work at A & I Products, the corporate predecessor of ATI Product

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CSS2 ENTERPRISE, INC. vs. FARMERS COOPERATIVE COMPANY, STEVE MUHLENBRUCH, and NEW COOPERATIVE, INC

CSS2 is a small farming corporation. Steve Muhlenbruch is the agronomy
manager of Farmers Cooperative Company. At Muhlenbruch’s direction, an
employee of Farmer’s Cooperative Company entered CSS2’s property and
sprayed chemicals that killed the corn crop. (Hereafter we refer to Farmers
Cooperative Company and Muhlenbruch jointly as “the Coop.”) On April 25,
2013, CSS2 s

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Needelman v. Dewolf Realty Co

Needelman entered into a one-year lease beginning on April 1, 2008, with the management company of DeWolf for an apartment on Greenwich Street in San Francisco (Greenwich apartment). DeWolf is an agent of M&H, the owner of the apartment building. After the lease expired on March 31, 2009, Needelman remained as a month-to-month tenant.
On December 22, 2011, DeWolf served Needleman with a t

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Hustler Cincinnati, Inc. v. Paul Cambria, Jr.

The Hustler enterprise is a media conglomerate that publishes
sexually explicit magazines, operates retail stores, and manages a clothing line, among many
other ventures. It also started as a family business. Brothers Jimmy and Larry Flynt opened the
first Hustler nightclub together in 1969, and many members of the Flynt clan have worked in the
Hustler enterprise over the years. Bu

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Albert A. Gore v. Al Jazeera America Holdings I, Inc.

Because we are reviewing an order granting summary judgment in favor of Defendants-Appellees and a motion to reconsider that order, the following factual summary is based on the facts as averred by Plaintiff-Appellant Bryan Santini (“Santini”).1 This appeal arises from an altercation between Santini and several members of the New Jersey State Police that took place on February 3, 2009. (Deposition

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James Hill v. Madison County School Board, et al.

At the time of the rape on January 22, 2010, Doe was a 14-year-old girl and
an eighth grader. From the time her mother became ill and later passed away in
2007, Doe grew up in foster homes scattered throughout North Carolina. In 2008,
Doe moved to Huntsville, Alabama, to live with her siblings’ stepmother, Patricia
Jones, before starting seventh grade. While in Huntsville,

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UNITED STATES OF AMERICA v. PAUL H. VOLKMAN,

Paul Volkman is a former doctor who cast himself as a “pain management physician.” Educated at the University of Chicago, Volkman holds an M.D. and Ph.D. in pharmacology from that institution. See Volkman v. United States Drug Enforcement Admin., 567 F.3d 215, 217 (6th Cir. 2009). Before the events leading up to his conviction, he was board-certified in emergency medicine and was a “diplomat” o

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James Johnson v. GlobalSantaFe Offshore Services, Inc.

James Johnson, a superintendent aboard a drilling rig, was shot and seriously injured by a Nigerian gunman who invaded the rig. He claims that the negligence of other rig hands caused his injury, and he seeks to hold GlobalSantaFe Offshore Services, Inc. (“GSF”) vicariously liable for the rig hands’ negligence under the general maritime law. The district court granted GSF’s motion for summary judg

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Cuiyan Qian v. Toll Brothers, Inc.

New Jersey’s common law imposes a duty on commercial
landowners to clear public sidewalks abutting their properties
of snow and ice for the safe travel of pedestrians. No
corresponding duty is imposed on residential landowners. We
adhered to that distinction between commercial and residential
landowners in Luchejko v. City of Hoboken, 207 N.J. 191, 211
(2011), a cas

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Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011.
Jack and Nancy

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American Freedom Defense v. King County

Defendant King County’s public transit agency, Metro,
operates an extensive public transportation system in the
greater Seattle metropolitan area, with the primary purpose of
providing safe and reliable public transportation. Like many
transit agencies, Metro finances its operations in part by
selling advertising space, including on the exteriors of its
buses. Advertisement

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Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature created n

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Joseph General Contracting, Inc. v. Couto

The appellant Anthony J. Silvestri1 appeals from the judgment of the Appellate Court affirming the judgment of the trial court in favor of the appellees, John Couto and Jane Couto.2 The trial court had found Silvestri personally liable for, inter alia, breach of contract, breach of implied warranty, and violation of the Connecticut Unfair Trade Practices Act (CUTPA),GeneralStatutes§ 42-110aetseq.T

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Jonathan Michael Castro v. County of Los Angeles

Los Angeles, CA - Ninth Circuit affirms judgment against jailers

In October 2009, Jonathan Castro was arrested for being
drunk in public. He was housed in a “sobering cell” at the
Los Angeles Sheriff’s West Hollywood Station where, a few
hours after his arrest, he was savagely attacked by another
intoxicated arrestee who had been placed in the cell with him.
The office

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Edwin Aguero Jimenez v. Dole Food Company, Inc.

The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previously in other fede

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United States of America v. Aurelio Cano-Flores a/k/a "Yankee" and "Yeyo"

Appellant Aurelio Cano-Flores appeals from his conviction for conspiring to manufacture and distribute cocaine and marijuana for importation into the United States, in violation of 21 U.S.C. §§ 959, 960, and 963. He raises a number of challenges to his conviction and sentence. We reject all, with one exception: we conclude that the $15 billion forfeiture assessed by the district court must be reca

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