Toxic Tort Law
 
DALE STATON and CAROLYN STATON, husband and wife, Plaintiffs/Appellees/Counter-Appellants, v. THE GUARANTEE STATE BANK OF MANGUM, OKLAHOMA, Defendant/Appellant/Counter-Appellee.

¶1 The trial court defendant Guarantee State Bank of Mangum, Oklahoma (Bank), appeals a judgment awarding the plaintiffs Dale Staton and Carolyn Staton (Statons) attorney fees and costs in their successful action against the Bank. The Statons appeal from the same judgment asserting that the Trial Court erred in awarding them substantially less than the amount of attorney fees requested in their m

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Estate of Ronald E. Johnson v. Douglas Weber, et al.

The Estate of Ronald E. Johnson and Lynette K. Johnson (collectively,
"Johnson") commenced this 42 U.S.C. § 1983 complaint alleging violations of the
constitutional and state law rights of the deceased Ronald Johnson. The district
court granted summary judgment to defendants. 1 Johnson filed the instant appeal,
arguing summary judgment was improper. We affirm.
I
Pursuant t

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United States of America v. Daryl Fischer and Russell Taylor

Montgomery, Alabama - Daryl Fischer of Seminole, Florida and Russell Taylor of Loxahatchee, Florida were sentenced on Tuesday, April 28, 2015, to terms of probation for improper use of the pesticide Aldicarb, which is marketed as Temik, announced the United States Attorney for the Middle District of Alabama, George L. Beck, Jr.

The two men were members of a hunting club leasing Bucksnort

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Aldes W. Kennedy v. Heona S. Kidd

¶1 This cause is before us on a petition for writ of certiorari pursuant to 12 O.S. 1971, Ch. 15, App. 2, Rules 1.50-1.67. Petitioner, Administrator of the estate of Dafford O. Kennedy, deceased, seeks review of a certified interlocutory order overruling her demurrer to the petition of Neona S. Kidd, respondent. We grant certiorari, reverse the trial court's order and remand with instructions to

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Christine Tucker, individually and on behalf of the Estate of Jessica Mejia v. Cook County Sheriff's Department

Chicago, IL - Christine Tucker, individually and on behalf of the Estate of Jessica Mejia v. Cook County Sheriff's Department on emotional distress and tort of outrage theories for undressing and photographing the nude body at the scene of the accident where she was killed. Ms. Mejia was a passenger in a Mercedes being driven by a man named Nicholas Sord, who was drunk and hit a pole. The car rol

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Jan J. Golnick v. Jack W. Callender

Jan J. Golnick appeals from the district court’s judgment in his negligence action against Jack W. Callender. Callender amended his answer to admit that he was negligent in causing the vehicle accident that injured Golnick. Thereafter, the court sustained Callender’s motion to preclude evidence of his negligence at trial. The court also denied Golnick’s request to amend his complaint to alle

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Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company and Allstate Fire & Casualty Insurance Company v. Rehab Alliance of Texas, Inc d/b/a Steeplechase Family Heathcare and Steeplechase Pain Management & Surgical Associates, Sheila Smith fka Sheila Goyer, Dennis Smith, D.C, The Diagnostic & Injury Center of Houston, LLC and Ihsan Shanti, M.D.

We overrule appellants’ motion for rehearing, withdraw our memorandum opinion issued December 9, 2014, and issue this substitute memorandum opinion.
Appellants, Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, and Allstate Fire & Casualty Insurance Company (“Allstate”) appeal an order grantin

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Walter Maclovi-Sierra v. City of Omaha

Walter Maclovi-Sierra brought this action against the City of Omaha under the Political Subdivisions Tort Claims Act (the Act),1 seeking damages for injuries he sustained when he was struck by a stolen vehicle allegedly being pursued by Omaha police officers. Following a bench trial, the district court for Douglas County dismissed the action after finding that any pursuit had terminated prior to t

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Donald Peterson v. Kings Gate Partners

Donald Peterson filed suit against Kings Gate Partners - Omaha I, L.P., and Picerne Kings Gate, LLC (collectively Kings Gate), for injuries Peterson received following an assault by Floyd Wallace on Kings Gate’s premises. The district court granted Kings Gate’s motion to dismiss for failure to state a claim. Peterson appeals. We reverse, and remand for further proceedings.
FACTUAL BACKGROU

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Michael J. Wilczewski v. Charter West National Bank, N.A.

Michael J. Wilczewski and Michelle A. Wilczewski filed a civil action for damages in the district court for Douglas County, alleging that Charter West National Bank (Charter West) misrepresented certain facts pertaining to a real estate transaction. Charter West filed a motion to compel arbitration, which the district court denied without prejudice. Charter West appeals from that order. Because we

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Thomas Balames v. Robert V. Ginn and Brashear, L.L.P.

The appellee, Thomas Balames, filed this legal malpractice action against Robert Ginn and Brashear LLP, formerly known as Brashear and Ginn (collectively Ginn), the firm where Ginn practiced when the alleged malpractice occurred. Balames brings this action for himself and three other individuals for whom he serves as attorney in fact (collectively
Nebraska Advance Sheets
684 290 NEBRASKA R

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Rudolf Milbrandt v. Bibb's, Inc.

[¶1.] Milbrandt was injured in an automobile accident during his course of employment for Bibbs, Inc. (Employer). Milbrandt settled a claim against the other driver involved in the accident. Milbrandt used part of the settlement proceeds to repay workers’ compensation benefits already paid by Employer. The remaining amount of his settlement, after costs, was determined to be “like damages”

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Kerwin Eagleman, et al. v. Diocese of Rapid City, et al.

[¶1.] This appeal requires us to construe statutes of limitation affecting childhood sexual abuse claims against entities that allegedly failed to take steps to safeguard children from known or suspected molesters. Plaintiffs allege that they were sexually abused sometime during the late 1950s through the early 1970s by certain priests, brothers, nuns, and others when they were children attending

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In the Estate of Rosa Elvia Guerrero, Deceased

Mike Hall Chevrolet, Inc. d/b/a Champion Chevrolet (Champion) brings this
interlocutory appeal from the trial court’s order denying its motion to compel
arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. &
Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed
under the same circumstances that an appeal from a federal court orde

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JOHN KLEAS CO., INC. v. MICHAEL PROKOP, DAVID A. CARP AND HERZOG & CARP, P.C.

Appellant John Kleas Co., Inc. (“Kleas”) challenges the trial court’s summary
judgment and its award of attorney’s fees as sanctions in favor of appellees, Michael
Prokop, David A. Carp, and Herzog & Carp, P.C. By five issues, Kleas contends that: (1)
the trial court erred by denying its motion to continue a hearing on appellees’ summary
2
judgment motions; (2) Kleas

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Martin O. Evans v. Craig C. Nielsen

¶1 Martin O. Evans appeals the district court’s confirmation of the final award of an arbitrator. Evans argues that we should reverse the district court’s confirmation and direct the district court to vacate the arbitrator’s award on the grounds that the arbitrator exceeded his authority and refused to hear relevant evidence. We affirm.
Evans v. Nielsen
20130770-CA 2 2015 UT App 65<

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Dennis Ray Hennefer v. Blaine County School District #61

The appellant, Blaine County School District #61 (School), appeals from a jury verdict and post-trial orders favoring the respondents, Dennis and Maryann Hennefer, the parents of Austin Hennefer, who died in a T-bone type automobile accident while performing a three-point turnabout at the instruction of Jeffrey Mecham, a School driver training instructor. The jury returned a special verdict, findi

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Connie Anderson v. Steve Geist

Plaintiff and respondent Connie Anderson alleges that deputies of the San Bernardino Sheriff’s Department unlawfully entered her residence on two occasions, attempting to arrest her daughter pursuant to a bench warrant that had already been recalled, and in the process making defamatory statements to her neighbors. Defendants
2
and appellants Steve Geist and Daniel Shelton (defendants) a

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Lisa Karl v. Brazos River Authority

Lisa Karl brought a premises liability action against the Brazos River
Authority (Authority). The Authority is a conservation and reclamation district
created by statute that is a “river authority, a governmental agency, a municipality,
and a body politic and corporate.” TEX. SPEC. DIST. CODE ANN. § 8502.001(a)
(West Pamph. 2014). The Authority filed a plea to the jurisdiction

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Chris Davis v. Motiva Enterprises, LLC

Chris Davis sued (1) Chris Fournet for invasion of privacy by public disclosure of private facts and by intrusion on seclusion, libel, and intentional infliction of emotional distress; and (2) Motiva Enterprises, L.L.C. for negligent supervision, negligent entrustment, and negligent undertaking.1 Motiva filed a motion to dismiss based on the Communications Decency Act (“CDA”), which the trial

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Neil Donner And Kiyomi Donner v. James M. Blue

Homeowners Neil and Kiyomi Donner appeal an order for summary
judgment dismissing their breach of easement, negligence, nuisance, and trespass
claims against neighboring homeowners for damages to their residence resulting from a
clogged private sewer line shared by the parties. They argue the trial court erred when
71441-4-1/2
it dismissed their claims because respondent James

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Hugo P. Gonzalez v. Standard Tools and Equipment Co. d/b/a/ Eagle Equipment and Eagle Life Manufacturing Corp.

Plaintiff appeals the trial court’s judgment dismissing
his claims with prejudice. He asserts that the trial
court erred in its conclusion that “Oregon appellate courts
would not be likely to adopt the product line exception to the
general rules of successor liability.” As explained below, we
affirm.
Plaintiff was injured while working at B & R Auto
Wrecking (B &

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Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p

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Tyler Turner v. State of Oregon

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m

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Medical City Dallas Hospital, Inc. and Columbia Hospital at Medical City Dallas Subsidiary, L.P. v. Ardell Williams

This case presents an interlocutory appeal from a trial court’s order denying a motion to dismiss filed by Medical City Dallas Hospital, Inc. and Columbia Hospital at Medical City Dallas Subsidiary, L.P. (collectively, Hospitals). Hospitals contend the trial court erred by concluding the claim by Ardell Williams against them is not a health care liability claim under section 74.351 of the civil

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