Toxic Tort Law
 
Searcy Denney Scarola Barnhart & Shipley, P.A. v. State of Florida

Appellants Searcy Denney Scarola Barnhart & Shipley, P.A. (“Searcy Denney”), et al. appeal the refusal of the guardianship court to authorize payment of $2.5 million in attorneys’ fees to the firms involved in the litigation of a medical malpractice lawsuit, the appeal, and a subsequent lobbying effort to secure a claims bill (also deemed a “private relief act”) from the Legislature on behalf of A

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CENTURION PROPERTIES III, LLC; SMI GROUP XIV, LLC. v. CHICAGO TITLE INSURANCE COMPANY, a Nebraska company,

This case arises from a dispute between plaintiffsappellants Centurion Properties III, LLC (“CPIII”) and SMI Group XIV, LLC (“SMI”) (together, “Plaintiffs”), and defendant-appellee Chicago Title Insurance Company (“Chicago Title”) over whether Chicago Title breached a duty of care to Plaintiffs, causing damages, when it recorded unauthorized liens on CPIII’s property. We have jurisdiction under 2

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Jimmy Hinkle v. Rick White and Thomas Oliverio

Jimmy Hinkle sued Rick White, an
investigator with the Illinois State Police, and White’s supervisor,
Thomas Oliverio, alleging that they violated his due
process rights by spreading rumors that he was an arsonist and
a child molester. The district court concluded that Hinkle had
not established a protected liberty interest and granted the
defendants summary judgment. We af

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Kimberly Johnson v. Doodson Insurance Brokerage

This case is about whether an injured third party to a liability
insurance policy has a claim against an insurance broker for failure to procure the proper liability
insurance. Because of a mistake by defendant insurance broker, decedent Douglas Johnson’s
fatal accident was not covered by a liability insurance policy obtained by an amusement
company. This case does not involve liab

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The Branson Label, Inc. v. City of Branson

The Branson Label, Inc., a Florida corporation ("Florida Branson Label"),
appeals the district court's dismissal of its suit. 1 The district court found that Florida
Branson Label collusively manufactured subject-matter jurisdiction in violation of 28
U.S.C. § 1359. Florida Branson Label argues that the district court erred by adopting
the wrong legal test for determining collusion

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Macquarie Bank Limited v. LexMac Energy, L.P.

Macquarie Bank Limited (Macquarie Bank) and a subsidiary brought suit
against LexMac Energy, L.P. (LexMac); Novus Operating Company, L.P. (Novus);
Lexar Energy, Inc. (Lexar); and Bradley Knickel, who controls all three companies
(collectively, Lexar Group). Macquarie Bank and the subsidiary alleged claims of
deceit, fraud, and promissory estoppel, among others, and also alleged tha

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Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

This appeal challenges a
preliminary injunction meant to enforce a contractual agreement
and prohibit a trademark violation. We affirm in part and reverse
in part.
I.
Plaintiff-Appellee Arborjet, Inc. manufactures and sells
TREE-age, an emamectin benzoate solution used to protect trees
from various pests. Through the period from August 2008 to
February 2013, Arborje

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WILLIAMS v. CITY OF OMAHA

The parties stipulated to basic facts, which we summarize as follows: •  Two motor vehicles collided at the intersection of Spaulding  and 30th Streets in Omaha. •  William  G.  Webster  was  driving  westbound  on  Spaulding  Street. •  Marcus M. Wi

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William Klug v. J.P. Wickert and Ted Bovay, d/b/a Applause Entertainment

Appellant William Klug appeals the trial court’s order dismissing his lawsuit against appellees J.P. Wickert and Karl Bovay, d/b/a Applause Entertainment, for want of personal jurisdiction. Klug contends the trial court erred in granting appellees’ special appearance and subsequently dismissing his lawsuit because appellees did not negate all grounds asserted by Klug for the court’s exercise of pe

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Allan M. Shine et al. v. Charles Moreau et al. :

There were several individuals who served as Receiver for the City of Central Falls during the period of time preceding the filing of these cases and during the pendency of the cases. We shall simply make a generic reference to “the Receiver.” On November 14, 2013, by order of this Court, Allan M. Shine, Esq. (the Trustee) was substituted as Appellee in the place of the Receiver in all three of

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ROGER JOHNSON and DOROTHY JOHNSON v. HAYMAN & ASSOCIATES, INC., HAYMAN RESIDENTIAL ENGINEERING SERVICES, INC. and HAYMAN RESIDENTIAL ENGINEERING SERVICES, LLC,

Roger and Dorothy Johnson appeal the circuit court’s grant of
summary judgment in favor of Hayman Residential Engineering Services, Inc.
(Hayman). The Johnsons sued Hayman on a theory of professional negligence
because Hayman made an allegedly substandard and inadequate structural
engineering report on the Johnsons’ home (the Home). The report was prepared for
Fannie Mae

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JIM HEIN v. JOHN W. SOTT, d/b/a SOTT HOMES, and KRUDE KUSTOMS, LLC,

This case arises from a dispute between Jim Hein and John Sott and his
companies, Sott Homes and Krude Kustoms, LLC (collectively, “Sott”), builders of
Hein’s home. Hein appeals the Thirteenth Judicial District Court’s July 8, 2013 Order
partially granting Sott’s Motion to Dismiss, and its September 26, 2014 Order granting
Sott’sMotion for Summary Judgment. We address the fol

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GREGORY STOKES and SHERRY STOKES v. GOLDEN TRIANGLE, INC.,

Gregory Stokes (Stokes) appeals from an order issued by the Eighth Judicial
District Court, Cascade County, granting summary judgment in favor of Golden Triangle,
Inc. (Golden Triangle). After recovering workers’ compensation insurance benefits in
the amount of $207,147, Stokes brought a civil action against his employer, Golden
Triangle, seeking additional damages for injuries

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Allan M. Shine et al. : v. : Charles Moreau et al

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during th

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State v. Richard E. Houghton, Jr.

This is a review of an unpublished decision of the court of appeals,[1] which reversed a judgment of conviction entered by the Walworth County Circuit Court[2] against Richard E. Houghton, Jr. (Houghton). Houghton pled guilty to one count of possession of THC (greater than 200 grams) with intent to deliver, following the circuit court's denial of Houghton's motion to suppress evidence obtained du

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Family and Estate of Eric Garner v. City of New York

New York, NY - The family and estate of Eric Johnson, age 43, made a governmental tort wrongful death claim against the City of New York claiming that Mr. Johnson died as a result of the use of excessive force (choke hold) that caused him to have a respiratory crisis that resulted in his death. Johnson was, according to the police, selling loose cigarettes on the street when he was approached by

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DKN HOLDINGS LLC v. WADE FAERBER

We granted review to clarify a bedrock principle of contract law: Parties who are jointly and severally liable on an obligation may be sued in separate actions. Although long-standing case law has found separate actions permissible, the Court of Appeal here held that a second suit is barred after entry of judgment against one of the contracting parties. The court reasoned that a breach of contr

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JOSEPH GENERAL CONTRACTING, INC. v. JOHN COUTO ET AL. JOHN COUTO ET AL. v. LANDEL REALTY, LLC, ET AL

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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Christopher J. Weiland v. Palm Beach County Sheriff's Office

Nearly one hundred and thirty years ago, one of Georgia’s greatest judges described the ideal in pleading:
Pleading is pure statement; just as much as a letter addressed to your sweetheart or your wife or your friend. The plaintiff complains that he has such a case, and he tells you what it is. The defendant says either that that is not so, or something else is so, and he makes his statement.

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Stevon Anzaldua v. Northeast Ambulance and Fire

Stevon Anzaldua worked for the Northeast Ambulance and Fire Protection
District (“Fire District”) as a full-time paramedic and firefighter. After the Fire
District suspended Anzaldua for purportedly failing to respond to a directive issued
by Chief Kenneth Farwell, Anzaldua emailed a newspaper reporter expressing
concerns about the Fire District and about Chief Farwell in particula

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SHAWANA LAYNE (f/k/a Shawna Singleton) v. GAVILON GRAIN, LLC, et. al.,

This is a negligence action brought by Plaintiff Shawana Layne (f/k/a Shawna Singleton)
as guardian ad litem and next friend to Frank Layne, Jr. This matter arises from a November 10,
2011, work place accident which caused injury to Mr. Layne and Defendant, Jair “Hector”
Cabrera. The accident took place at a facility operated by Defendant Gavilon Grain LLC
2
(“Gavilon”

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Allan M. Shine et al. v. Charles Moreau et al. :

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during the

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JESSICA RAMOS & others1 vs. INTERNATIONAL FIDELITY INSURANCE COMPANY

The plaintiffs commenced these actions against
the defendant, International Fidelity Insurance Company (IFIC),
to recover cash collateral and certain bail bond insurance
premiums collected from each of them by IFIC's agent William
Fiore, who is now deceased. On cross motions for summary
judgment, the motion judge allowed the plaintiffs' motions on
their counts allegi

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MICHAEL KONZEN vs. EMALEE GOEDERT

Michael Konzen appeals the district court’s decision, which denied his
petition to modify the physical care provisions of the custodial decree. He
maintains that he should have physical care of his two daughters, while the
mother, Emalee Goedert, should have supervised visitation. At a minimum, he
claims he should not have been ordered to have only supervised visitation. He

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K.N.T., a minor, by MEGAN R. FOX v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY

Eleven-year-old K.N.T. was involved in a serious accident as a passenger
in an all-terrain vehicle (ATV) on a gravel roadway on July 2, 2010. She suffered
a serious head injury and required intensive medical care. She was in the
hospital for twenty-three days and incurred approximately $250,000 in hospital
expenses. The drivers of the two ATVs involved in the accident were u

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