Toxic Tort Law
 
Emily Gallup v. The Superior Court of Nevada County

Defendant Superior Court of Nevada County (SCNC) appeals a jury verdict in favor of plaintiff and former employee Emily Gallup. Gallup brought this action alleging, in part, that SCNC retaliated against her in violation of Labor Code section 1102.5, subdivision (b)1 for engaging in protected activity when she complained to her
1 Further statutory references to sections of an undesignated code

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Parisa, Inc. v. City of Tulsa

Tulsa, OK - Parisa, Inc. sued the City of Tulsa on a Governmental Tort Claims Negligence theory.

UNDISPUTED MATERIAL FACTS
1. Parsia owns Moe’s Quick Mart (Moe’s), a gas station and convenience store, 547 S. Lewis Avenue, located at the northeast corner of S. Lewis Avenue and E. 6th Street in Tulsa, Tulsa County, Oklahoma. See Ex. 1, Petition, ¶ 8; Ex. 2, Parsia - Moe’s Quick M

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Juan Francisco Montalvo, M.D., F.A.C.O.G., et al v. Gabriela Lopez

Appellee Gabriela Lopez filed the underlying lawsuit alleging health care liability claims against appellants Juan Francisco Montalvo, M.D., F.A.C.O.G., Winder N. Vasquez, M.D., Miguel E. Najera, J.D., Executor of the Estate of Miguel E. Najera, M.D., Deceased, and Laredo Regional Medical Center, L.P. d/b/a Doctors Hospital of Laredo. The appellants moved for summary judgment asserting Lopez’s c

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Richard J. Malouf, DDS; Richard J, Malouf, DDS, PC; and Richard J. Malouf, DDS, PA v. The State of Texas ex rel. Dr. Christine Ellis, DDS and Madelayne Castillo

This interlocutory appeal presents the issue of whether claims brought by appellees
the State of Texas and relators Dr. Christine Ellis, DDS, and Madelayne Castillo under the Texas
Medicaid Fraud Prevention Act (TMFPA), see Tex. Hum. Res. Code §§ 36.001–.132, are subject
to the expert-report requirement of the Texas Medical Liability Act (TMLA), see Tex. Civ. Prac.
& Rem. Code

More...   $0 (04-02-2015 - TX)

Thomas DePrince v. Starboard Cruise Services, Inc.

Thomas DePrince (“DePrince”) appeals the trial court’s order granting
summary judgment in favor of Starboard Cruise Services, Inc. (“Starboard”) on
DePrince’s claims against Starboard for breach of contract, specific performance,
and conversion. Because we find that disputed issues of material fact remain to be
resolved on all three counts of DePrince’s complaint, we

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Stephen Paul v. Richard Patton

The decedent, Gilbert Paul, retained attorney Richard Patton to draft an amendment to his revocable living trust. The decedent signed the “Trust Amendment,” which, as drafted by Patton, named the decedent’s wife, Helen, and his children, Stephen Paul, David Paul, Alan Paul, and Nancy Dybdahl as beneficiaries. Stephen and David Paul also are the successor trustees of the trust. Following the

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Jeremy Alan Williams v. Anita Trammell

In this habeas case, Jeremy Alan Williams challenges his Oklahoma conviction for
first-degree murder and his accompanying sentence of death. The district court denied
- 2 -
relief but issued a certificate of appealability, giving Williams the ability to appeal his
claims of ineffective assistance of counsel. In addition, this court also agreed to hear
Williams’s sufficiency-o

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United States of America v. Jantran, Inc.

The Miss Dixie is a cargo line boat operated by Jantran, a company
involved in maritime transportation on the Verdigris River in Oklahoma. While
operating on the river, the Miss Dixie struck and extensively damaged a lock
maintained by the Army Corps of Engineers. After repairing the lock, the Corps
sued Jantran for the costs of repair.
One would think such a suit would be a ro

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F. Wood Boyce v. T.D. Service Company

"There are no free houses." These are the words of the bankruptcy judge who allowed the instant home foreclosure to go forward. It rejected appellant's theory of "wrongful foreclosure." Thereafter, the same theory was rejected in an unlawful detainer proceeding. Undeterred, appellant F. Wood Boyce sued his lender for "wrongful foreclosure" because the $1.155 million deed of trust was placed in a m

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CAROLYN A BETHEA V. BROWN MECHANICAL CONTRACTORS

Oklahoma City, OK - Carolyn Bethea sued Brown Mechanical Contractors on a personal injury tort theory:

1. That the Plaintiff owns a home located at 16701 Sumac Drive, Edmond, OK
73012.
2. That the Defendant, Brown Mechanical Contractors, is licensed to conduct business in the State of Oklahoma.
3. That this Court has jurisdiction over the Defendant because at all tmes releva

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Lois Clarkson v. Academny Ltd., d/b/a Academy Sports & Outdoors

Oklahoma City, OK - Lois Clarkson sued Academny Ltd., d/b/a Academy Sports & Outdoors on an auto negligence theory claiming:

1. Plaintiff Lois Clarkson is a citizen of the State of Oklahoma and a resident of Oklahoma County.
2. Defendant Academy Sports is a Foreign Limited Partnership doing business in the State of Oklahoma.
3. That on or about September 7, 2013, Plaintiff was vis

More...   $1 (02-04-2015 - OK)

Eclectic Investments, LLC v. Richard Patterson and Jackson County

Jackson County (the county) is a defendant in this
negligence action, in which plaintiff sought damages for
damage to its real property. As an affirmative defense, the
county alleged that plaintiff was negligent and was itself
responsible for the damages that it had suffered. The county
also filed a cross-claim against a codefendant (the contractor)
seeking common-law indem

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Phillip Estrada v. Dennis Kriz, Hodges Transportation, Mid-America Pallett, L.L.C.

1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on

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S.K. Peightal Engineers, Ltd. v. Mid Valley Real Estate Solutions V, L.L.C.

¶1 Petitioners have requested that we review two issues arising from the court of appeals’ opinion issued on interlocutory appeal under C.A.R. 4.2. We must decide: (1) whether entities that did not exist at the time the relevant contracts were completed can still be subject to the economic loss rule through the interrelated contracts doctrine; and (2) whether commercial entities situate

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Dean Craft v. Philadelphia Indemnity Insurance Company

¶1 We accepted jurisdiction pursuant to C.A.R. 21.1 to answer questions of state law certified to this court by the United States Court of Appeals for the Tenth Circuit regarding the applicability of the “notice-prejudice rule” to claims-made insurance policies.

¶2 Under the notice-prejudice rule, an insured who gives late notice of a claim to his or her insurer does not lo

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Daniel William Bean v. Pacific Coast Elevator Corporation

Eric Lazear, an employee of appellant Pacific Coast Elevator Corporation (Pacific Coast), ran his vehicle into appellant Daniel William Bean's truck while Bean was stopped at a red light. Bean suffered serious injuries as a result of the accident and sued Pacific Coast. A jury found Pacific Coast negligent and awarded Bean $1,271,594.74 in damages, including $126,594.74 in economic damages, and $1

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United States of America v. Exide Technologies

LOS ANGELES – The United States and Exide Technologies have reached an agreement that calls for the battery manufacturing company to immediately and forever close a battery recycling facility in Vernon and to pay $50 million to clean-up the site and surrounding neighborhoods, which have been affected by environmental toxins for close to a century.

The agreement approved late yesterday c

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Duane and Donna Kerns v. Woodshed IV, L.L.C. and Woodshed of Monkey Island, L.L.C.

Jay, OK - Duane and Donna Kerns sued Woodshed IV, L.L.C. and Woodshed of Monkey Island, L.L.C. on wrongful death negligence theories claiming that Defendants sold their underage son Colton a bottle of vodka and, as a direct result, the was involved in an auto accident and was killed. The alleged that their son had successfully purchased alcohol at Defendant's store on numerous occasions without be

More...   $1500000 (03-13-2015 - OK)

Sheryl D. Mabie v. Jack Freeman and Graham & Freeman, P.L.L.C.

Tulsa, OK - Sheryl D. Mabie sued Jack Freeman and Graham & Freeman, P.L.L.C. on breach of contract theories alleging:

I. Sheryl Mabie is a resident of Cherokee County, State of Oklahoma.
2. Jack Freeman is a resident of Tulsa, Tulsa County, State of Oklahoma, and has his law practice in Tulsa, Tulsa County, Oklahoma.
3. Graham & Freeman, P.L.L.C. is a Professional Limited Liabilit

More...   $1 (02-12-2015 - OK)

RICK WOOD v. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

We issued an opinion in this case on December 30, 2014, affirming the trial court’s judgment. Appellant, Rick Wood, subsequently filed a motion for rehearing. Without changing our previous disposition, we deny the motion for rehearing,
2
withdraw our earlier opinion and associated judgment, and issue this substitute opinion and judgment in their stead.
This is an appeal from a Travis

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James Wimpy v. Motel 6 Operating, L.P.

This is an appeal from the grant of a summary judgment in a premises liability case. James Wimpy, Appellant here and plaintiff at the trial court, failed to file a response to a no-evidence and traditional motion for summary judgment advanced by Motel 6. We are asked to consider whether Wimpy received adequate notice of the summary judgment hearing, and whether the trial court abused its discretio

More...   $0 (03-04-2015 - TX)

Heritage Constructors, Inc. v. Chrietzberg Electric, Inc., and Richard Marc Chrietzberg

The deadline was looming for aspiring prime contractors to submit their bids to TexAmericas Center to build a wastewater treatment plant on its property in Bowie County. The subcontract bid of Chrietzberg Electric, Inc. (Electric) submitted at the last minute by Richard Marc Chrietzberg (Chrietzberg) to aspiring prime contractor Heritage Constructors, Inc. (Heritage), for the electrical portion of

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Domaniqueca Dickson v. Burke Williams, Inc.

Defendant and appellant Burke Williams, Inc. (defendant) appeals from a judgment entered in favor of plaintiff and respondent Domaniqueca Dickson (plaintiff) on her claims under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.1) for failure to take reasonable steps necessary to prevent sexual harassment or discrimination (§ 12940, subd. (k)), and the trial court

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Andrea Smith v. Depuy Orthopaedics, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc., Johnson & Johnson International and Christian P. Luessenhop, M.D.

Tulsa, OK - Andrea Smith sued Depuy Orthopaedics, Inc., Depuy International Limited, Johnson & Johnson, Johnson & Johnson Services, Inc., Johnson & Johnson International and Christian P. Luessenhop, M.D.

The parties to this case are Plaintiff Andrea Smith and Defendants DePuy Orthopaedics, Inc. and DePuy International Limited (“DePuy Defendants”).
DePuy International Limited desig

More...   $2500000 (02-03-2015 - OK)

Duane R. Mueller v. Carolyn Hill

This is an appeal out of Bonner County from a judgment awarding damages for common law trespass and attorney fees for statutory trespass. We affirm the judgment except for $1,000 of the damages awarded and remand for the entry of an amended judgment.
I.
Factual Background.
Duane Mueller and his wife owned a 20-acre parcel of rural real property (Mueller Parcel) in Bonner County. They l

More...   $0 (02-26-2015 - ID)

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