Toxic Tort Law
 
Andrea Smith v. Depuy Orthopedics, Inc. and Johnson & Johnson

The parties to this case are Andrea Smith, the Plaintiff, the Defendants, DePuy
Orthopedics, Inc., DePuy International Limited, Johnson & Johnson, Johnson & Johnson
Services, Inc., and Johnson & Johnson International (hereafter “I)D=ePuy Defendants”), and the
Defendant. Christian Luessenhop. MI).
This is a lawsuit about artificial hips. The I)ePuy ASRIM XL Acetabular System (

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Teva Pharmaceuticals, USA, Inc. v. Sandoz, Inc.

In Markman v. Westview Instruments, Inc., 517 U. S. 370 (1996), we explained that a patent claim is that “portion of the patent document that defines the scope of the patentee’s rights.” Id., at 372. We held that “the construction of a patent, including terms of art within itsclaim,” is not for a jury but “exclusively” for “the court” todetermine. Ibid. That is so even where the

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Mark Lewis v. Jinon Corporation

The issue presented is whether a business violates the Song-Beverly Credit Card
Act of 1971 (the Credit Card Act) (Civ. Code, § 1747 et seq.)1 by recording the birth
date of a customer who purchases alcohol with a credit card. We conclude the
prohibition against recordation of personal identifying information (a date of birth) in
connection with a credit card transaction does not

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Elizabeth Montano v. The Wet Seal Retail, Inc.

The Wet Seal Retail, Inc. (Wet Seal) appeals from the denial of its motion to
compel arbitration of this wage and hour action brought by employee Elizabeth Montano.
Wet Seal also challenges the grant of Montano’s motion to compel discovery responses.
We affirm the order denying the motion to compel arbitration and dismiss the challenge
to the discovery order as nonappealable.

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Belle Terre Ranch, Inc. v. Kenneth C. Wilson

This case involves a boundary dispute between a Healdsburg vineyard and the
winery operators on the adjacent property. After a bench trial, the court ruled in favor of
the vineyard, quieting title in its favor and granting permanent injunctive relief against
further trespass by the vintners. The court also awarded $1 in nominal damages for past
trespass, and upon that basis awarded

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Donna Stofer v. Shapell Industries, Inc.

Plaintiff Donna Stofer (plaintiff) purchased a home from Dr. Marcus F. Laux.
Almost two years later, she sued the homebuilder, Shapell Industries, Inc. (Shapell), for
strict liability, negligence, and fraudulent concealment. Plaintiff claimed Shapell built
the home on unstable and uncompacted “fill” soil and with an inadequate foundation,
causing “substantial differential mov

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Sondra Jackson v. Erik Dean

Appellant Sondra Jackson sought to domesticate a judgment she had obtained against appellee Erik Dean in Alabama. Dean successfully moved to vacate the judgment on the basis that the Alabama court lacked personal jurisdiction over him. On appeal, Jackson contends that the trial court erred because the evidence established that Dean had sufficient contacts with Alabama to support the Alabama court

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Megan Close v. Angela L. Fennell

COMES NOW the Plaintiff, MEGAN CLOSE, and for her claims for relief against the above named defendant, alleges and states as follows.
JURISDICTION AND VENUE
1. Plaintiff is a citizen of the State of Oklahoma, County of Cleveland at the time of the filing of this action.
2. Defendant, ANGELA FENNELL, was a citizen of the State of Oklahoma, County of Cleveland at the time of the alleged

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Cleta Heidai v. Board of County Commissioners

COMES NOW the Plaintiff, Cleta Heidari for her cause of action against the above referenced Defendant, and alleges and states:
1. Plaintiff has complied with the Oklahoma Governmental Tort Claims Act found at 51 O.S. §151 et. seq. and given notice of her claim to Defendant.
2. That on or about the 10th day of March 2009, Plaintiff, Cleta Heidari, was an invitee of the Cleveland County Cou

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Terry Abbott v. Norman Regional Hospital Authority d/b/a Norman Regional Hospital

Plaintiff Terry Abbott (“Abbott” or “Plaintiff’), for his cause against Defendant Norman Regional Hospital Authority, alleges and state:
PARTIES
1. Terry Abbott is and was at all times a resident Cleveland County, State of Oklahoma.
2. Norman Regional Hospital Authority was and now is a public trust doing business as Norman Regional Hospital with its principal place of business

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Richard Brown d/b/a Guylin Trucking Syn LLC v. Virginia Mosco

COMES NOW the Plaintiff, for cause of action against the Defendant, alleges and states as follows:
1 That Richard Brown is an individual resident of Oklahoma City, Oklahoma He is a truck driver who owns his own truck and does business as Guylin Trucking Syn LLC with its principal place of business in Oklahoma City, Oklahoma. The Defendant, Virginia Mosco, is an individual resident of McAlester

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United States of America v. Vincent Isaac-Peter Jones

GRAND RAPIDS, MICHIGAN – U.S. Attorney Patrick Miles announced today that Vincent Isaac-Peter Jones, age 28, of Battle Creek, was sentenced to 152 months – well over 12 years -- in prison after pleading guilty to possessing two firearms as a convicted felon and possessing a third firearm in furtherance of heroin trafficking. One of the firearms had been reported stolen; another had an obliter

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Tracy Markland v. Jessica Hagan and Tulsa Public Schools

COMES NOW the Plaintiff, Tracy Markiand, as Parent and Next Friend of T.T., a minor,
and for her cause of action against the Defendants, Jessica J-Iagan and Tulsa Independent School District No. 1, states as follows:
PARTIES, JURISDICTION AND VENUE
1. Plaintiff Tracy Markland and her minor son, T.T. are both residents of Tulsa
Oklahoma.
2. Defendant Jessica Hagan (“Hagan”)

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Ki Son Willis v. Michael Gentry d/b/a McDonalds and McDonalds Corporation

COMES NOW the Plaintiff, Ki Son Willis, through her attorney of record; Dartkl E Smolen, of Smolen, Smolen & Roytman, PLLC and brings this action against thç.. Defendants, Micheal Gentry d/b/a McDonalds and 2GRM, LLC, a domestie, lirnite&: liability company, for violations of her constitutionally protected rights arising diit cf her employment and temlination by said Defendants.
PARTIES, JURI

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Left Fork Mining Company, Inc. v. Irving Hooker, et al.

This is an appeal from the district court’s dismissal of a claim for money damages brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The district court found that the existence of an alternate remedial scheme created by statute precluded a judicially-created damages remedy
in this case. For the reasons stated herein, we AFFIRM.
I.
P

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Maryangela Tobin v. Federal Express Corporation

Plaintiff-appellant Maryangela
Tobin sued defendant-appellee Federal Express Corporation (FedEx)
for invasion of privacy, infliction of emotional distress, and
negligence. After some preliminary skirmishing, FedEx asked the
district court to enter summary judgment in its favor on the
principal ground that the plaintiff's claims are barred by the
preemption provision of the

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Symetra Life Insurance company v. Rapid Settlements, Limited

After nine years of litigation and a prior appeal to this court, three house-keeping items are presented in this appeal: attorneys’ fees, damages, and the scope of injunctive relief. Appellants Symetra Life Insurance and Symetra Assigned Benefits Service (collectively “Symetra”) appeal the district court’s refusal to award attorneys’ fees under the Texas and Washington State Structured S

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Elvira Ljuljdjuraj v. State Farm Mutual Automobile Insurance Company

ice and collided with a negligently parked vehicle.
The car she was driving was owned by a friend, Bardhyl Mullalli. Ljuljdjuraj filed a diversity
suit in federal court, seeking recovery under Mullalli’s no-fault automobile insurance policy,
issued by State Farm, for injuries she suffered in the accident. Ljuljdjuraj and Mullalli are both
citizens of Michigan, while State Farm is

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Anthony Gibson v. Jeffrey Kilpatrick

The Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Lane v. Franks, 573 U.S. ---, 134 S. Ct. 2369 (2014). While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands

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South Commons Condominium Association v. Charlie Arment Trucking, Inc.

On June 1, 2011, a devastating
tornado struck the City of Springfield, Massachusetts. The twister
ripped through the downtown area and caused a great deal of damage.
Among the buildings affected were the South Commons Condominiums.
This appeal concerns the lawsuit the owners of those buildings
brought against the City, its officials, and one of its
contractors.1
The own

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iMatter Utah v. John Njord

Before the Utah Department of Transportation will grant a permit
authorizing a parade on a Utah state highway, an applicant must obtain liability
insurance and sign an indemnification form. Two environmental groups brought
suit in the United States District Court for the District of Utah, challenging these
requirements under the First Amendment. The district court granted summary

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Ernesto Ruiz v. Moss Bros. Auto Group, Inc.

R. Rex Parris Law Firm, R. Rex Parris, Alexander R. Wheeler, Kitty Szeto, John M. Bickford; Lawyers for Justice and Edwin Aiwazian for Plaintiff and Respondent.
I. INTRODUCTION
Defendant and appellant, Moss Bros. Auto Group, Inc. (Moss Bros.), appeals from an order denying its petition to compel arbitration of the employment-related and putative
2
class action, representative, and

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Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant

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Monique Hudson v. County of Los Angeles

A former deputy in the Sheriff’s Department of Los Angeles County, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Civil Service Commission proceedings leading to its order restoring her employment, however, the county’s retirement authority gran

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Marina Pacifica Homeowners Association v. Southern California Financial Corporation and Marianthi Lansdale

This litigation between plaintiff Marina Pacifica Homeowners Association (the
HOA) and defendants William Lansdale1 and Southern California Financial Corporation
(SCFC) concerns the Marina Pacifica Condominium Project (Marina Pacifica) in Long
Beach, California. SCFC appeals, and the HOA cross-appeals, from the judgment after a
bench trial. The parties’ dispute centers around a m

More...   $0 (12-16-2014 - CA)

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