Toxic Tort Law
 
ALICE M. SHEA vs. THERESA LORENZ and MARK LORENZ

Alice Shea appeals, and Theresa Lorenz and Mark Lorenz cross-appeal,
the district court’s decision following a bench trial that involved the transfer of
certain investment accounts owned by William (Bill) Lorenz before his death. Bill
was ordered to pay his former spouse, Alice, traditional alimony in the amount of
$2000 per month until her death or remarriage. This alimony o

More...   $0 (07-12-2015 - )

United States of America v. Clifford Leon Houston

A grand jury indicted Clifford Leon Houston for transmitting a
threat in interstate commerce. 18 U.S.C. § 875(c). When the case went to trial, the judge,
applying then-governing Sixth Circuit precedent, instructed the jury that Houston’s statement
was a “true threat” if a “reasonable person hearing the statement would understand it as a serious
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No. 14-5295 United States v. Ho

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Liberty University, Inc. v. Citizens Insurance Company

In November 2012, Janet Jenkins sued Liberty University, Inc. (“Appellee”), alleging that the school participated -- both directly and vicariously -- in a scheme to kidnap Jenkins’s daughter in order to disrupt the parent-child relationship. In her complaint (“Jenkins Complaint”), Jenkins alleged that Appellee and its agents helped Lisa Miller, the child’s biological mother and Jenkins’ former par

More...   $0 (07-10-2015 - )

United States of America v. Farid Fata, M.D.

Detroit, MI - A Detroit area hematologist-oncologist was sentenced to serve 45 years in prison for his role in a health care fraud scheme that included administering medically unnecessary infusions or injections to 553 individual patients and submitting to Medicare and private insurance companies approximately $34 million in fraudulent claims.

Assistant Attorney General Leslie R. Caldwell

More...   $0 (07-10-2015 - MI)

STATE OF KANSAS v. WILLIAM BARBER, JR.,

K.S.A. 60-404 requires that an objection to evidence be timely interposed and stated in a manner that makes clear the specific ground of objection. A party satisfies this requirement by making a timely trial objection that incorporates pretrial arguments, even if the party does not repeat those arguments, as long as the pretrial arguments were sufficiently specific to inform the trial court of the

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Lindsay L. Delorea v. Belinda J. Muttai

Oklahoma City, OK - Lindsay L. Delorea sued Belinda J. Muttai on a personal tort theory claiming:

1. Plaintiff, Lindsay L. Deloera and Defendant, Belinda J. Muttai are citizens of the State of Oklahoma.
2. The actions giving rise to this litigation occurred in Oklahoma County, Oklahoma.
3. The amount in controversy exceeds the sum of Seventy-Five Thousand Dollars
($75,000.00).

More...   $12800 (06-16-2015 - OK)

DELMER SMITH vs. STATE OF FLORIDA

On the afternoon of August 3, 2009, Kathleen Briles was accosted outside of
her home in Manatee County, after returning from grocery shopping. Briles was
then dragged inside her home, where she was bound, gagged, and beaten to death
with her own antique twenty-three-pound cast iron sewing machine. Numerous
items were stolen from the home.
The victim’s husband, Dr. James

More...   $0 (07-09-2015 - )

Trinity Wall Street v. Wal-Mart Stores, Inc.

“[T]he secret of successful retailing is to give your
customers what they want.” Sam Walton, SAM WALTON:
MADE IN AMERICA 173 (1993). This case involves one
shareholder’s attempt to affect how Wal-Mart goes about
doing that.
Appellant Wal-Mart Stores, Inc., the world’s largest
retailer, and one of its shareholders, Appellee Trinity Wall
Street—an Episcopal parish headqua

More...   $0 (07-06-2015 - DE)

MICHAEL SHERMAN v. HENNESSY INDUSTRIES

In March 2012, appellants initiated the underlying action. Their first amended complaint, filed March 22, 2012, contains claims against Hennessy for negligence, strict liability, false representation, failure to warn, and loss of consortium. The claims rely on allegations that Hennessy’s predecessor in interest, the Automotive Maintenance Machinery Company (AMMCO), designed and sold an arcing ma

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SAMUEL R. JAHNKE AND SONS v. BLUE CROSS AND BLUE SHIELD OF KANSAS, INC.

Samuel Jahnke (Jahnke) brought suit against Blue Cross and Blue Shield of Kansas, Inc., due to BCBS's refusal to pay medical bills he incurred for his treatment, including surgery, of a brain tumor. BCBS denied benefits for the medical costs
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associated with the surgery because the costs had been incurred during the policy's 240day waiting period for the treatment of tumors and growth

More...   $0 (07-08-2015 - )

DONN MARTINEZ v. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION

This is a case of egregious attorney misconduct. That word – egregious – is difficult to write, but nothing else seems adequate. Blessed with a trial judge who allowed it, trial counsel ran roughshod over opposing counsel and the rules of evidence. We have no choice but to reverse. Generally, what happened is this: Defendant‟s attorney Karen Bilotti would ask a question in clear viola

More...   $0 (07-08-2015 - )

Wyle Inc. v ITT Corp

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 23, 2013, which denied defendants' CPLR 3211(a)(1) and (7) motion to dismiss plaintiffs' amended complaint asserting fraudulent inducement, affirmed, without costs.

The court properly concluded that the fraudulent inducement claim was not duplicative of the breach of contract claim.

The underlying facts

More...   $0 (07-01-2015 - )

Stacy Lanier v. Independent School District No. 89

Oklahoma City, OK - Stacy Lanier, individually and as Parent, Guardian and Next Friend of M.I., a minor, sued Independent School District No. 89 aka Oklahoma City Public School District on a governmental tort claim negligence theory claiming:

1. That the Plaintiffs, Stacy Lanier, Individually and as Parent, Guardian and Next Friend of M.L., a Minor Child, are residents of the Oklahoma Cit

More...   $73000 (06-26-2015 - OK)

FARGO v. HAYS-KUEHN

On July 25, 2008, Jason Patterson died at the scene when the southbound motorcycle he was driving at highway speed impaled onto the front driver side windshield of Merrill's northbound vehicle after it crossed into Patterson's lane of traffic. Plaintiff, Fargo, a passenger on the motorcycle, was thrown from the motorcycle, receiving multiple injuries. Plaintiffs initially filed this action agains

More...   $0 (07-07-2015 - )

Erinn Foster, Matt Steward and Leah Foster v. Terry Butts

Norman, OK - Erinn Foster, Matt Steward and Leah Foster sued Terry Butts on personal tort theories claiming:

1. The acts complained of herein occurred on and after December 3, 2013, at 4733 and 4737 Forest Hills Dr., within the City of Noble, County of Cleveland, State of Oklahoma.
2. The defendant is the owner of a vicious pit bull terrier which he harbors and owns at 4733 Forest Hil

More...   $45000 (06-10-2015 - OK)

Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc.

Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach (the St. Regis). Litigation followed, with Epp and his wife (together, the Epps) suing the owner of the St. Regis and the entities involved in the design and construction of the swimming pool. The defendants included Valley Crest Landscape Development, Inc. (Valley Crest), which was the ge

More...   $0 (07-02-2015 - CA)

Vincent Salvato v. Deputy Lauren Miley

These consolidated appeals require us to decide two questions arising out of
an attempted arrest in which Deputy Lauren Miley shot and killed Joshua Salvato:
(1) whether Miley is entitled to qualified immunity against a claim for damages, 42
U.S.C. § 1983, for excessive force in violation of Salvato’s rights under the Fourth
Amendment; and (2) whether the sheriff of Marion Count

More...   $0 (06-25-2015 - FL)

Miriam Navarrete v. Hayley Meyer

Plaintiffs and appellants Miriam Navarrete and her minor children Bryan,
Stephanie, and Steven Navarette (collectively Navarrete) appeal from a summary
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judgment in favor of defendant and respondent Hayley Meyer on plaintiffs' claims for
violation of Vehicle Code section 21701 and civil conspiracy arising from allegations that
Meyer, a passenger in a vehicle, told the driver

More...   $0 (06-22-2015 - CA)

Sauer Incorporated d/b/a Sauer Southeast v. Carrie D. Larson

Sauer Incorporated ("Sauer") filed an adversary proceeding objecting to the discharge of a debt
owed by Carrie Lawson ("Ms. Lawson") that she allegedly obtained
as part of a fraudulent scheme to prevent Sauer from collecting a
previous judgment from her father, James Lawson. See 11 U.S.C.
§§ 523(a)(2)(A), 523(a)(6). The bankruptcy court dismissed for
failure to state a claim

More...   $0 (07-02-2015 - RI)

D. Tommy Shelton and Tammy L. Shelton v. Sand Springs Public Schools

Tulsa, OK - D. Tommy Shelton and Tammy L. Shelton sued the Sand Springs Public Schools on medical negligence (medical malpractice) theories claiming:

I Plaintiffs are individuals residing in Sand Springs, Tulsa County, Oklahoma 2 The Sand Springs Public Schools Independent District No 2, Tulsa County
(“Defendant”) and all schools located within the school district are locatedin t

More...   $5000 (06-24-2015 - OK)

Angela E. Helvey v. Montana Education Association

¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating
Rules, this case is decided by memorandum opinion and shall not be cited and does not
serve as precedent. Its case title, cause number, and disposition shall be included in this
Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana
Reports.
¶2 Angela Helvey

More...   $0 (07-01-2015 - MT)

Masters Group International, Inc. v. Comerica Bank

¶1 Comerica Bank appeals a jury verdict and judgment rendered in favor of Masters
Group International, Inc. in the Second Judicial District Court, Silver Bow County. We
restate the determinative issues on appeal as follows:
1. Whether the District Court abused its discretion by denying Comerica’s severance
motion;
2. Whether the District Court erred in applying Montana law d

More...   $0 (07-01-2015 - MT)

Kay Eckler v. Neutrogena Corporation

This case concerns congressional intent with respect to label information on
sunscreen products: is it to be determined solely by the federal agency it charged with
ensuring uniform labeling for those products, or, in addition, by each state through
private civil suits. Appellants Kay Eckler and Steve Engel filed separate actions against
respondent Neutrogena Corporation alleging t

More...   $0 (07-01-2015 - CA)

Sherry Williams v. Grand Ledge High School

In this personal injury action arising out of a fall that occurred in a high school, plaintiff,
Sherry Williams, as next of friend for her daughter, Victoria Williams,1
a minor, appeals by right
the trial court’s order granting summary disposition to defendants, Grand Ledge High School and
Grand Ledge Public Schools, based on governmental immunity. The trial court’s order also

More...   $0 (06-30-2015 - MI)

Richard E. Glossip v. Kevin Gross

Prisoners sentenced to death in the State of Oklahoma
filed an action in federal court under Rev. Stat. §1979, 42
U. S. C. §1983, contending that the method of execution
now used by the State violates the Eighth Amendment
because it creates an unacceptable risk of severe pain.
They argue that midazolam, the first drug employed in the
State’s current three-drug protocol,

More...   $0 (06-30-2015 - DC)

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