Toxic Tort Law
 
Cash & Carry America, Inc. v. Roof Solutions, Inc.

The primary question in this case is whether a roofing contractor who performs work
on a structure owes a duty of care in tort to a third party owner of personal property inside
the structure. The answer is yes, although there are limits on the type of property damage
encompassed by this duty of care, as we shall discuss.
Cash & Carry America, Inc. (“CCA”), the appellant, is a

More...   $0 (06-30-2015 - MD)

Delton R. Fair v. BNSF Railway Company

Plaintiff Delton R. Fair was working on the railroad. After he injured his back and
knee while trying to throw a switch, he brought this action against BNSF Railway
Company (BNSF) under the Federal Employers’ Liability Act (FELA) (45 U.S.C. § 51 et
seq.), alleging that he was injured as a result of BNSF’s negligence. A jury found in
Fair’s favor and awarded him a total of $3

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Misty Dawn Fargo v. Teresa Hays-Kuehn

¶0 Jason Patterson (Patterson), the driver of a motorcycle died at the scene, and his passenger, plaintiff/appellant, Misty Dawn Fargo (Fargo), sustained severe injuries when the motorcycle collided head on with a vehicle that entered their lane of traffic. Fargo and plaintiff/appellant, the Estate of Jason Patterson, by and through Mother and Personal Representative Norma Patterson, sued defenda

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Lloyd Douglas v. City of Kemp, Texas

Appellant Lloyd Douglas appeals from the trial court’s order granting appellee City of Kemp, Texas’s plea to the jurisdiction. On appeal Douglas argues that his claims against the City are not barred by governmental immunity. We affirm the trial court’s order.
BACKGROUND
Douglas built a nursing facility in Kemp, a city located in Kaufman County, Texas. According to Douglas, before he

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CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company
(―LLC‖) whose business was providing non-legal administrative services to law firms
and their mortgage lender clients in connection with mortgage foreclosures. That
business was created by the principal defendants: five individuals who practiced law in
Colorado and Arkansas. Seeking to monetize their

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Angela Sarkisian v. Concept Restaurants, Inc.

In this case we decide whether the "mode of
operation" approach to premises liability, adopted by this court
in Sheehan v. Roche Bros. Supermkts., Inc., 448 Mass. 780, 788
(2007), applies to slip-and-fall incidents occurring outside of
the context of self-service establishments. Traditionally, a
plaintiff asserting premises liability has been required to show
that the owner

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Donald Christ v. Deborah Sherwood

¶1 This is a review of an
unpublished opinion and order of the court of appeals,1 which
summarily reversed a grant of summary judgment in favor of Exxon
Mobil Corp. et al., by the Eau Claire County Circuit Court, Lisa
K. Stark, Judge.
¶2 The case involves the viability of certain wrongful
death and survival claims. It is part of a larger tort suit
filed in 2006 by for

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Jacob Doe v. Hartford Roman Catholic Diocesan Corporation

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus

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Sioux Pharm, Inc. and Sioux Biochemical, Inc. v. Eagle Laboratories, Inc.

In this case involving claims for misappropriation of trade secrets,
we have before us an interlocutory appeal on a discovery issue. In
particular, the plaintiffs ask us to review a district court order requiring
the redesignation of the plaintiffs’ standard operating procedures (SOPs)
from “attorneys’ eyes only” to “confidential.” The underlying protective
order al

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John A. Kasel v. Union Pacific Railroad Company

John A. Kasel sustained injuries at a motel while he was
an employee of Union Pacific Railroad Company (Union
Pacific). Kasel sued Union Pacific and the motel. After the
parties settled, Union Pacific asserted a contractual right
of subrogation to the extent of medical payments made on
Kasel’s behalf by a third-party administrator. The contract in
question created a lien

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James Obergefell v. Hodge, Director, Ohio, Department of Health

The Constitution promises liberty to all within its reach,a liberty that includes certain specific rights that allow
2 OBERGEFELL v. HODGES
Opinion of the Court
persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find thatliberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms andcon

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Wayson Wong v. Ira Stroler

Wayson and Susanna Wong bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler. Several months after they moved in, the Wongs discovered that they and 12 of their neighbors were connected to a private sewer system and were not directly serviced by the City‟s public system. Believing they had been deceived, they sued the Stolers and the real estate agents who brokered the

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Michelle Falk v. Children's Hospital Los Angeles

The trial court granted summary judgment in favor of defendant and respondent Children’s Hospital Los Angeles (Children’s Hospital or the hospital) and against plaintiff and appellant Michelle Falk on the ground her wage and labor claims were time-barred. The court rejected Falk’s argument the filing of a prior class action tolled her limitations periods, under American Pipe & Construction C

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United States of America v. Kathryn Grace Dirks, a/k/a “Kat”

DALLAS, TX — A 25-year-old Dallas woman is the latest defendant to appear in federal court and plead guilty to a felony drug offense stemming from her role in the March 2014 heroin overdose death of a Dallas teenage girl, Rian Hannah Lashley.
Kathryn Grace Dirks, a/k/a “Kat,” appeared today before U.S. Magistrate Judge Irma C. Ramirez and pleaded guilty to one count of conspiracy to poss

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Judy White v. Valir Physical Therapy

¶1 This case concerns a dispute over the way Valir Physical Therapy handled billing and payment for services Valir provided to Judy White. Ms. White contends that she expected Valir to bill and accept payment from her medical insurer, while Valir contends it had the option to bill and seek payment from either Ms. White's medical insurance or the automobile insurer for the tortfeasor who injured M

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Jared Wolfe v. Allstate Property & Casualty Insurance Company

In this insurance dispute between appellant Allstate Property & Casualty Insurance Co. (“Allstate”) and appellee Jared Wolfe, we are presented with the question of whether punitive damages awarded against an insured in a personal injury suit are recoverable in a later breach of contract or bad faith suit against the insurer. It is Pennsylvania’s public policy that insurers cannot insure agai

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Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and

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Michael B. Kingsley v. Stan Hendrickson

an individual detained in a jail prior to trialbrought a claim under Rev. Stat. §1979, 42 U. S. C. §1983, against several jail officers, alleging that they used excessive force against him, in violation of the FourteenthAmendment’s Due Process Clause. The officers concede that they intended to use the force that they used. But the parties disagree about whether the force used wasexcessive.

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Kevin Hanlin v. Cavalry Portfolio Services and Patrick Lopez

Tulsa, OK - Kevin Hanlin sued Cavalry Portfolio Services and Patrick Lopez on employment law theories claiming:

1. This is an action against Plaintiff’s employer and fonner supervisor for retaliatory bonus deprivation and harassment due to Plaintiff engaging in protected investigation and reporting per Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act (FLSA), Title 40

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Nick Hilton v. Enhance Skin & Body Medical Spa, LLC and Kaye Sanders

Tulsa, OK - Nick Hilton sued Enhance Skin & Body Medical Spa, LLC and Kaye Sanders on a fraud theory claiming:

This is a case of gross negligence and fraud by a self-described “Luxury Medical Spa” and its medical director/technician and owner. Enhance Medical Spa actively advertises and solicits patients for laser tattoo removal. Enhance Medical Spa does not inform the public that th

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Fred Myles v. St. Luke's Episcopal Hospital

Appellant Fred Myles sued appellee St. Luke’s Episcopal Hospital for
injuries he sustained while admitted there. The trial court granted summary
judgment in favor of St. Luke’s, ruling that Myles’s claim was barred by the twoyear
statute of limitations and his presuit notice was ineffective to toll the
limitations period. We affirm.
2
BACKGROUND
On April 7, 2010,

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Gavin C. Riggs v. City of Tulsa

Tulsa, OK - Gavin C. Riggs sued the City of Tulsa on a governmental tort claim auto negligence theory claiming to have been injured and damaged when involved in an auto motorcycle accident caused the failure to exercise due care on the part of Tulsa police officer Adam James.


Docket
Date Code Description Count Party Amount
10-31-2011 TEXT

Civil relief more t

More...   $175000 (06-17-2015 - OK)

Ibrahim Turkmen v. Dennis Hasty

28 On September 11, 2001, “19 Arab Muslim hijackers who counted
29 themselves members in good standing of al Qaeda” hijacked four airplanes and
30 killed over 3,000 people on American soil.  Ashcroft v. Iqbal (Iqbal), 556 U.S. 662,
31 682 (2009).  This case raises a difficult and delicate set of legal issues concerning
4
1 individuals who were caught up in the post‐9/

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Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo

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Douglas Rubins v. The People of the State of Texas

This is an appeal from a dismissal of Douglas Rubins’ civil rights claims against the “People of the State of Texas.” In May of 2012, Rubins had originally sued Texas and various other entities or individuals. Some were dismissed based on a plea to jurisdiction. That issue was appealed, which appeal was subsequently dismissed. Thereafter, Rubins requested the trial court for permission to co

More...   $0 (06-04-2015 - TX)

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