Toxic Tort Law
 
Bexar County v. Leticia Votion

Appellant Bexar County was sued by Leticia Votion for injuries she suffered when she allegedly tripped and fell in a Bexar County facility. Bexar County filed a plea to the jurisdiction, but it was denied. In this interlocutory appeal, Bexar County argues the trial court erred because, under the Texas Tort Claims Act (TTCA), it conclusively established it did not timely receive notice of the claim

More...   $0 (05-20-2015 - TX)

Lance Thai Tran, DDS, PA d/b/a Broadway Family Dental Care v. Maria Chavez

A dental assistant sued her employer for negligence after she slipped and fell
on a wet floor in the dental office where she worked. The employer moved to
dismiss the suit, arguing that it involved a health care liability claim governed by
the Texas Medical Liability Act and that no expert report had been filed as
required. The trial court denied the motion. Guided by the Supreme C

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Suzanne Harris v. Joe Richard Blissit aka J. Richard Blissit

Tulsa, OK - Suzanne Harris sued Joe Richard Blissit aka J. Richard Blissit on an assault and battery theory claiming:

ONE: that
tort for personal injury, as a result of offensive harassment by Defendant on and at various other dates
this is a transitory cause of action in loss and damage sustained by Plaintiff physical contact, communications and or about the day of November, 2012

More...   $0 (04-28-2015 - OK)

Ismael Rosas v. BASF Corporation

Plaintiff and appellant Ismael Rosas appeals from judgments entered after the trial court granted summary judgment in favor of defendants and respondents BASF Corporation; Berje Inc.; Citrus and Allied Essences Ltd.; Centrome, Inc., dba Advanced Biotech; Elan Chemical Company, Inc.; Emoral, Inc.; O’Laughlin Industries, Inc.; O’Laughlin Industries Co., Ltd.; and O’Laughlin Tianjin Industries

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In Re Memorial Herman Hospital System; Memorial Herman Physician Network; Michael Macris, M.D.; Michael Macris, M.D., P.A. and Keith Alexander

A decade ago, we observed: “While the medical privileges are important in promoting free discussion in the evaluation of health care professionals and health services, the right to evidence is also important, and therefore privileges must be strictly construed.”1 In this original proceeding—involving a heart surgeon who claims his former hospital retaliated against him for joining a competin

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Alejandro Diaz-Barba v. Wolfgan Hahn

In Hahn v. Diaz-Barba (2011) 194 Cal.App.4th 1177 (Hahn I), this court affirmed an order, issued under the forum non conveniens doctrine, staying an action against residents of California for tortious interference with contract and related claims for the sale of an interest in a Mexican business. We determined that petitioners (hereafter defendants) met their burden of proving Mexico was a suitabl

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Kathleen Leonard v. Retails' Credit Association of Grass Valley, Inc.

This case involves how a limited civil case (here a cross-complaint) gets reclassified as an unlimited civil case.1
We hold that where petitioner Kathleen Leonard filed, through counsel, an amended cross-complaint that added a cross-defendant and added causes of action that increased the amount in controversy to over $25,000 and tried twice to pay the court clerk the reclassification fee, the

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Southwestern Bell Telephone Company d/b/a AT&T Oklahoma v. City of Tulsa

Tulsa, OK - Southwestern Bell Telephone Company d/b/a AT&T Oklahoma sued the City of Tulsa on a negligence theory claiming:

1. The Plaintiff is a Missouri corporation licensed to do business in the State of Oklahoma.
2. ‘l’hc Defendant is a municipality entitled to all the protections afforded by the Governmental Tort Claims Act, (“OTCA”).
3. In all instances set forth her

More...   $8000 (04-17-2015 - OK)

Daniel J. Aular v. Francisco Gomez

Tulsa, OK - Daniel J. Aular sued Francisco Gomez on an intentional infliction of emotional distress theory claiming:

1. Plaintiff, Daniel J. Aular is an adult resident citizen of Tulsa County, Oklahoma
2. Defendant, Francisco Gomez is an adult resident citizen with residence located at: I 0322 B. ll2 PL S Bixby, Oklahoma 74008, and may be served with process and other wristr
of th

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United States of America v. Duke Energy Carolinas and Duke Energy Progress

WASHINGTON – Three subsidiaries of North Carolina-based Duke Energy Corporation, the largest utility in the United States, pleaded guilty today to nine criminal violations of the Clean Water Act at several of its North Carolina facilities and agreed to pay a $68 million criminal fine and spend $34 million on environmental projects and land conservation to benefit rivers and wetlands in North Car

More...   $102000000 (05-22-2015 - NC)

Valley Regional Medical Center v. Maria Guadalupe Camacho

In this appeal, we are once again faced with the “knotty” issue of whether a
plaintiff’s claim is a health care liability claim (“HCLC”) under the Texas Medical Liability
Act (“TMLA”) and therefore subject to that statute’s expert report requirement. See TEX.
CIV. PRAC. & REM. CODE ANN. § 74.351 (West, Westlaw through 2013 3d C.S.); Loaisiga
v. Cerda, 379 S.W.3d 24

More...   $0 (05-14-2015 - TX)

Kaylee Grass v. City of Tulsa and Gavin Craig Riggs

Tulsa, OK - Kaylee Grass sued the City of Tulsa and Gavin Craig Riggs on auto negligence and governmental tort claim theories.

The Pre-Trial Order entered by the Court stated, in part:

This disputed liability case arises from a September 26, 2010 motor vehicle collision that occurred at the intersection of South Memorial Drive and East Skelly Drive at approximately 5:30 a.m. Pla

More...   $175000 (06-18-2015 - OK)

Rowland Martin, Jr. v. Edward L. Bravenec and 1216 West Ave., Inc.

This is an accelerated appeal of two orders. The first order grants a temporary injunction, and the second order denies a motion to dismiss filed pursuant to the Texas Citizens Participation Act.1 We affirm both orders.
BACKGROUND
Appellee Edward L. Bravenec was a co-owner of a second lien on property located at 1216 West Avenue, San Antonio, Texas (the “Property”). In 2006, the owner

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Cornhusker Casualty Company v. Shar Jkaj

Cornhusker Casualty Company (“Cornhusker”) appeals from the district
court’s summary-judgment ruling, arguing that the district court incorrectly
concluded that Cornhusker was estopped from asserting noncoverage as a defense
to the claims of Shari and Steve Skaj. The Skajs have cross-appealed the district
court’s sua sponte entry of summary judgment against them on their co

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Robert Donnert v. Feld Entertainment, Inc. d/b/a Ringling Bros. and Barnum & Bailey Circus

David and Robert Donnert, circus performers, horse
trainers, and brothers, commenced this breach-of-contract action
against Feld Entertainment, Inc., which operates the Ringling
Bros. and Barnum & Bailey Circus. They alleged that Feld
Entertainment wrongfully terminated two contracts -- an
April 21, 2010 Circus Acts Employment Contract (the “Employment
Contract”) and an

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Linda Jackson and Terry Jackson v. City of Baytown

This is a personal-injury case arising from a police pursuit. Appellants Linda
and Terry Jackson were injured when a suspect fleeing from a police car driven by
Baytown Police Officer Aaron Corrales crashed his pickup truck into their car. The
Jacksons sued Aaron Corrales, in his official capacity as an officer with the
Baytown Police Department, and the City of Baytown for neglige

More...   $0 (05-07-2015 - TX)

Eduardo Garcia v. Southern Counties Express, Inc.

Petitioners Eduardo Garcia, Garcia Transportation GP, and Luis Torres-Garzon seek relief from the April 25, 2014 order of respondent court (Michael P. Vicencia, Judge) granting the motion of real party in interest Southern Counties Express, Inc. to compel arbitration of Petitioners’ wage and hour complaints to the Labor Commissioner.1 We grant the requested relief in part and remand to the trial

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Ralph D. Armstrong v. Karen D. Daily

Plaintiff Ralph Armstrong was imprisoned for 29 years for the rape and murder of Charise Kamps—a crime that he maintains he did not commit. His conviction was set aside in 2005, and in 2009 a Wisconsin state judge dismissed the charges entirely because the prose-cution had destroyed key exculpatory evidence, rendering a fair trial impossible. Armstrong then brought this civil suit
2 Nos. 13-

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Endura Products Corp and Novastar LP v. David A. Altemus

This is an appeal from a summary judgment order entered in favor of
Appellee, David A. Altemus. We affirm.
In 2003, Endura Products Corp and Novastar LP entered into an agreement
with World Wide Web Productions (WWWP). Under the terms of the agreement,
WWWP agreed to create a computer software system for each of Appellants’
businesses. Wesley Groves, WWWP’s Senior Program A

More...   $0 (05-07-2015 - TX)

MAHNAZ CONSOLVER, Appellant, v. CHRIS HOTZE, Defendant, (BRADLEY A. PISTOTNIK and the AFFILIATED ATTORNEYS of PISTOTNIK LAW OFFICES, P.A.), Appellees.

Plaintiff Mahnaz Consolver decided to change lawyers partway through this personal injury action she filed in Sedgwick County District Court. Bradley A. Pistotnik, the forsaken lawyer, filed a lien against any recovery for his fees and expenses. After Consolver's new lawyer settled the underlying tort claim, the district court enforced the lien by awarding Pistotnik a partial fee based on the cont

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Eric Drake v. Consumers County Mutual Insurance, and Travelers Indemnity Company

Eric Drake appeals the trial court’s order granting summary judgment. In ten issues Drake challenges the authority of various judges who determined motions in the case, arguing they lacked authority to rule on the matters they considered. He also maintains the trial court’s ultimate determination that the statute of limitations barred his claims was incorrect. We affirm the judgment of the tri

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Robert Marzec v. California Public Employees Retirement System

These consolidated appeals concern the calculation of retirement benefits under the Public Employees’ Retirement Law (PERL), Government Code section 20000 et seq.1 The plaintiffs are former police officers and firefighters employed by local public agencies that provide employee retirement benefits through the California Public Employees’ Retirement System (CalPERS). In order to enhance their s

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Titia Brown v. Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc.

Tulsa, OK - Titia Brown, Administrator of the Estate of Charlotte Brown and Charlotte Brown, Decesased, sued Carrington Place of Tulsa, LLC d/b/a Sand Springs Nursing & Rehabilitation a/k/a Oakdale Manor and Traditions Senior Management, Inc. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff, Titia Brown, is a surviving child of Charlotte Brown, deceased, and Spe

More...   $1 (05-07-2015 - OK)

State Auto Property and Casualty Insurance Company v. Lori Hargis

This appeal presents two related issues: (1) whether
it was error for the district court to dismiss the claim asserted by the insurance company against
>
No. 13-5020 State Auto Prop. & Cas. Ins. v. Hargis Page 2
its insured for “reverse bad faith” because it has not been recognized in Kentucky (or any other
jurisdiction); and (2) whether this court should certify the questi

More...   $0 (05-06-2015 - KY)

Cinco Enterprises, Inc. v. Botts

¶1 Cinco Enterprises, Inc. (Cinco) seeks review of the trial court's order granting judgment to Edward Botts, Michael Dee Ball, Barbara Ellen Ball, Leo J. Davis, and Grace G. Davis (collectively, Owners) in Cinco's action for declaratory judgment and foreclosure of a mortgage on property in which Owners claimed some interest. We find Cinco's action time-barred, and affirm the trial court's judgme

More...   $0 (11-30--0001 - OK)

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AK Morlan
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