Toxic Tort Law
 
Klamath-Siskiyou Wildlands Center v. Robert MacWhorter

In this appeal, the Klamath-Siskiyou Wildlands Center
(“KS Wild”) challenges the district court’s dismissal of its
claim against the U.S. Forest Service for lack of subject
matter jurisdiction. The district court concluded that KS
Wild’s notice of intent to sue under the Endangered Species
Act was deficient. For the reasons that follow, we disagree.
I. Background
Under

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DISABILITY RIGHTS NEW JERSEY, INC. v. COMMISSIONER, NEW JERSEY DEPARTMENT OF HUMAN SERVICES

The recent history of civil commitment of the mentally ill in this country is inextricably linked with the development of psychotropic drugs—antipsychotics, antidepressants, mood stabilizers, and the like. According to an expert report submitted to the District Court, effective psychotropic medications emerged in the 1950s and “rapidly became a mainstay of treatment” in psychiatric hospitals “beca

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Chestnut v. AVX Corporation

Respondent manufactures electronic parts at a plant in North Myrtle Beach, South Carolina. In 1980, respondent began using a chemical called trichloroethylene (TCE)2 as a degreaser to clean machine tools and parts. At some point, TCE escaped respondent's plant and migrated beyond the boundaries of respondent's property, contaminating surrounding properties and groundwater.
In December 1996,

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Parr v. Rosenthal

We review the evidence presented at
trial that is relevant to the requested instruction on the
2 The statute of limitations for a medical malpractice action requires that the suit "commence[] only within three years after the cause of action accrues." G. L. c. 260, § 4, second par., inserted by St. 1986, c. 351, § 30. 3 We were not provided with the special ver

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DUTY FREE AMERICAS, INC. vs. THE ESTEE LAUDER COMPANIES, INC.

The essential facts contained in DFA’s complaint and its attached exhibits
are these. DFA operates many duty free stores in American airports with
international terminals. DFA is one of approximately ten major operators of duty
free stores in the United States. DFA currently holds leases in thirteen
international airports located in eleven cities: New York (JFK and LaGuardia

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Grayson Hare, Jr. v. Shirley Simpson

Grayson Hare, Jr. has sued four Pennsylvania residents for forgery, aiding and abetting fraud, intentional infliction of emotional distress, and civil conspiracy. Defendants-Appellees are Hare’s step-sister, Shirley Simpson; Simpson’s attorney, Gilbert Malone; Malone’s paralegal, Pauline Gima; and Simpson’s real estate broker, Barbara Burns. Essentially, Hare alleges that Appellees conspired to

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Scott Surface v. State of Oklahoma, ex rel. Oklahoma Highway Patol

Tulsa, OK - Scott Surface sued the State of Oklahoma, ex rel. Oklahoma Highway Patrol claiming:

1. That on or about the 14th day of August, 2014, on a public roadway known as US
Highway 169 Northbound at or near its intersection with 2l Street South, City of Tulsa, County of
Tulsa, State of Oklahoma (“Oklahoma”) a Lieutenant/Employee of the Oklahoma Highway Patrol,
Dennis Shaw

More...   $15500 (07-13-2015 - OK)

Bryan M. Santini v. Colonel Joseph H. Fuentes

Appellant Bryan M. Santini appeals from two final
decisions of the District Court for the District of New Jersey:
(1) its September 18, 2013 decision granting summary
judgment against him and (2) its May 6, 2014 decision
denying his motion seeking reconsideration of the court’s
September decision. Santini v. Fuentes, Civ. Act. No. 11-639-
JAP, 2013 WL 5554257, at *6 (D.N.J.

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Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
I.
Because the District Court dismiss

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Orson D. Munn, III v. The Hotchiss School

Cara Munn and her parents brought suit against the Hotchkiss
School after Munn contracted tick‐borne encephalitis on a schoolorganized
trip to China. At trial, a jury found Hotchkiss negligent and
awarded the Munns $41.5 million in damages, $31.5 of which were noneconomic
damages. On appeal, the school argues that it did not have a
legal duty to warn about or protect agai

More...   $0 (08-03-2015 - CT)

Soto v. BorgWarner Morse

Secundino Medina died of asbestos-related mesothelioma. Medina’s estate, his daughters Patricia Soto, Yolanda Isaak, and Leticia Medina, and his great-grandson Eli Canett asserted claims for negligence, strict liability, and wrongful death against a host of defendants, alleging that their asbestos-laden products contributed to Medina’s mesothelioma. Their claims against defendant BorgWarner Mors

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Jesus Martinez and Kanda Martinez v. Angel Exploration, LLC

Jesus Martinez was working on a pump jack—the machinery that extracts
oil or gas from a producing underground well site—when the sleeve of his
sweatshirt became caught. As a result, Martinez’s hand was pulled into the
moving belts and his right thumb severed. The pump jack that injured Martinez,
owned by Angel Exploration, was not protected by safety guarding, something
Martine

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Carolyn Northcutt, as Personal Representative of the Estate of James H. Bell v. City of Hearne

In one issue, appellant, Carolyn Northcutt, as personal representative of the estate of James H. Bell, challenges a plea to the jurisdiction granted in favor of appellee, the City of Hearne. Because we conclude that the record does not contain sufficient jurisdictional facts to support a waiver of governmental immunity under section 101.021 of the Texas Civil Practice and Remedies Code, we affirm.

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Jefferson County, Texas v. Ha Penny Nguyen

This appeal concerns an employment dispute between Appellant, Jefferson County (the “County”), and Appellee, Ha Penny Nguyen (Nguyen), a former County employee. The County appeals from a Judgment rendered in favor of Nguyen, following a jury trial wherein the jury found that Nguyen was subjected to adverse employment actions, retaliation for protected speech, and a violation of her
2
due p

More...   $0 (07-31-2015 - TX)

Celtic Properties, L.C. v. Cleveland Regional Medical Center, L.P.

Appellant, Celtic Properties, L.C. (Celtic or appellant), the plaintiff in the proceeding below, appeals from an Order Granting Final Summary Judgment to Appellee, Cleveland Regional Medical Center, L.P. (CRMC or appellee), the defendant in the proceeding below.1 This case relates to a dispute between the
1Community Health Systems, Inc. and CHS/Community Health Systems, Inc. were also named as

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Neighborhood Centers Inc. v. Doreatha Walker

Appellee and cross-appellant Doreatha Walker sued her former employer, appellant and cross-appellee Neighborhood Centers Inc. (“Neighborhood Centers”), for its alleged retaliation against her for filing a workers’ compensation
2
claim.1 She also sued Neighborhood Centers under the Whistleblower Protection Act.2 Neighborhood Centers filed a plea to the jurisdiction asserting that it had gov

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George M. Bishop, et al v. Chappell Hill Service Company, LLC and High Meadows Land & Cattle, LLC

The appellants, George M. Bishop, Doug Bulcao, Senator John Whitmire,
2
Paula Barnett, Marsha W. Zummo, Juan Carlos Lopez de Garcia, Sara English, Antonio Lopez de Garcia, Peter Eischen, Mark Cegielski, Marilyn Sanders, Tom Holy, Robert Stark, D.O., Beth Stark, Maureen Holy, Jack Edwards, and Julie Edwards (collectively, “the Property Owners”), all own property in or around Chappell Hill i

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Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T

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Murray v. Town of Hudson

During a varsity baseball game between two
high school teams at a public park in the town of Hudson (town),
the plaintiff, a ballplayer with the visiting team, seriously
injured his knee while warming up in the bullpen. The plaintiff
filed suit in the Superior Court against the town under the
Massachusetts Tort Claims Act, G. L. c. 258 (act), alleging that
his injury

More...   $0 (08-03-2015 - MA)

The State of Wyoming v. Black Hills Power, Inc.

The federal district court’s certification order contains a statement of facts relevant to the questions certified. Although our review and ultimate resolution of the questions do not require application of the facts, we set forth that portion of the order to provide context:
(b) Statement of Relevant Facts
1. On June 29, 2012, a wildfire was ignited near Newcastle, Weston County, Wyomin

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Sanchez v. Valencia Holding Co.

The automobile sales contract in the present case has an arbitration agreement that provides, among other things, that arbitral awards of $0 or over $100,000 as well as grants but not denials of injunctive relief may be appealed to a panel of arbitrators. The arbitration agreement also has provisions that require the party appealing the award to front the costs of the appeal, preserve the right o

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Doe v. San Diego Imperial Council

In accordance with our standard of review, we recite the facts alleged in Doe's operative complaint. (Moe v. Anderson (2012) 207 Cal.App.4th 826, 828.)
Doe was a Boy Scout who attended the Mataguay Scout Ranch, which is owned and operated by San Diego-Imperial Council (formerly Desert Pacific Council) and Boys Scouts of America (together Respondents). Glenn Jordan was an employee at the Mat

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Texas Health and Human Services Commission v. Joseph Mcrae

Texas Health and Human Services Commission appeals the trial court’s denial of its plea
to the jurisdiction. In two issues, the Commission argues the trial court erred in denying its plea
to the jurisdiction because Joseph McRae failed to demonstrate a waiver of the Commission’s
sovereign immunity and McRae did not plead or prove a negligent condition or use of tangible
personal pr

More...   $0 (07-28-2015 - TX)

John C. McConnell, M.D. v. Coventry Health Care National Network and First Health Group Corp. and Liberty Mutual Insurance Company

John C. McConnell, M.D., appeals the trial court’s final summary judgment rejecting his causes of action against Coventry Health Care National Network, First Health Group Corp., and Liberty Mutual Insurance Company. In general, McConnell alleged he was wrongfully terminated as a workers’ compensation network provider by Coventry,1 Coventry tortiously interfered with McConnell’s business relationsh

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Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem

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