Toxic Tort Law
 
United States of America v. Cruz Soria

FRESNO, Calif. — Cruz Soria, 29, of Bakersfield, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute marijuana in the Fay Canyon area of the Canebrake Ecological Reserve, United States Attorney Benjamin B. Wagner announced.

The Canebrake Ecological Reserve is located 10 miles east of Lake Isabella in northeastern Kern County. It was first

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Howard Brown v. Steven R. Sarkisian, Jr., M.D., The Dean Mcgee Eye Institute, and State Of Oklahoma Ex Rel University Of Oklahoma Health Sciences Center

Howard Brown, for his cause of action against defendants, alleges and states as follows:
1. Howard Brown isa resident of Cleveland County. Steven R. Sarkisian, Jr. is an eye surgeon who practices in Oklahoma County and who is a Clinical Assistant Professor for the University of Oklahoma. The Dean McGee Eye Institute is an Oklahoma corporation duly authorized and actually transacting business i

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Tracy Sales v. Stacie Peabody

Tracy Sales brought suit against spa owner Stacie Peabody, claiming that she contracted a toe infection as a result of a pedicure performed at the spa. The district court granted summary judgment against Sales after concluding that she had failed to present sufficient evidence of causation. The district court also denied Sales’ motion for reconsideration based on the ground that she had not adeq

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Samuel J. Zylstra v. State of Idaho and Boise State University

This is an action for recovery of damages against the State of Idaho. The district court dismissed the action on motion of the State for summary judgment. We affirm.
I. NATURE OF THE CASE
This case was brought under the Idaho Tort Claims Act asserting negligence by a public university in allowing a student-athlete to return to competition after sustaining a head injury. Plaintiff, Samuel Z

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James Ray Davis v. State of Oregon

Plaintiff sought damages first in federal court, then in state court, because 2 the state prolonged his incarceration by improperly calculating his release date from 3 prison.1 The federal court dismissed claims under state law for lack of jurisdiction and 4 denied claims under federal law on their merits. Plaintiff then filed this action in state 5 court, renewing tort claims under state law. The

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Kelvin Gant, et al. v. County of Los Angeles, et al.

This is a case of mistaken identity arising from the
separate arrests and detentions of Kelvin Gant and Jose
Alexander Ventura based on warrants intended for other
people. Appellants filed over twenty federal and state law
claims alleging that various defendants issued flawed
warrants, improperly arrested them, or improperly detained
them. The district court ruled against a

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Marilyn Van Horn v. Department of Toxic Substances Control

In this appeal from a demurrer sustained without leave to amend on the ground of uncertainty, we reverse in part. We conclude that plaintiff Marilyn Van Horn has stated a cause of action, by alleging that the procedure used by defendant Department of Toxic
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Substances Control (the Department)—for placing a lien on real property for hazardous substance alleviation pursuant to California

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Saquita Lewis v. Tulsa Public Schools

COMES NOW the Plaintiff, Saquita Lewis, Individually and as Parent and
Next Friend of J.L. and for her cause of action states as follows:
1. On or about May 9, 2012, Plaintiff, J.L., was involved in a collision with a bus owned by Defendant Tulsa Public Schools. The collision occurred in the City of Tulsa, Tulsa County, Oklahoma.
2. The collision described above was a direct result of

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Regent Alliance, Ltd. v. Rouhollah Rabizadeh

Regent Alliance Ltd. (Regent) sued three purchasers of children’s clothing for conversion, alleging that the purchasers bought, from other defendants, clothing belonging to Regent that those other defendants had converted. The trial court granted the purchasers’ motions for summary judgment, and Regent appeals. We reverse.
BACKGROUND
Regent, a Hong Kong corporation that manufactures ch

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Stephens & Stephens XII, LLC v. Fireman's Fund Insurance Co.

Fireman’s Fund Insurance Co. issued an insurance policy covering loss from property damage, including rent, on a building owned by plaintiff Stephens & Stephens XII, LLC (Stephens XII). Three days after the policy became effective, Stephens XII discovered the property had sustained serious damage from burglars who stripped it of all electrical and other conductive materials. Stephens XII sought

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George P. Conway v. County of Tuolumne

In an unsuccessful attempt to apprehend George P. Conway’s adult son, Donald Conway,1 who reportedly had fired shots at George, officers from defendant County of Tuolumne (County) fired a tear gas canister into George’s mobile home. Donald was not inside but was apprehended later. George brought suit against the County for damage to
1We refer to George and Donald Conway by their first name

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Chirstus Spohn Health System Corporation d/b/a Christus Spohn Hospital-Corpus Christie-Memorial

By one issue, appellant Christus Spohn Health System Corporation d/b/a Christus Spohn Hospital Corpus Christi–Memorial (hereinafter “Christus Memorial”) appeals the trial court’s denial of its plea to the jurisdiction related to a medical negligence lawsuit
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brought against it and others by appellee Angela Young. We reverse and render.
I. BACKGROUND
Young filed suit agains

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James Lermon v. Minyard Food Stores, Inc. and Rodney Lee

James Lermon sued Minyard Food Stores and Rodney Lee (collectively Minyard) for malicious prosecution, negligence, and gross negligence. A jury found in Lermon’s favor on all claims and awarded Lermon $830,000 in actual damages and $115,000 in punitive damages on his malicious prosecution claim and $175,000 in actual damages and $1 million in punitive damages on his negligence and gross negligen

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Insurance Alliance v. Lake Texoma Highport, LLC and Bowood Partners, Limited

After its marina on Lake Texoma was damaged in a flood, Lake Texoma Highport, LLC sued its insurance broker, Insurance Alliance, and a London broker, Bowood Partners, Limited, because the policy in place at the time of the flood was not the policy Highport had requested. A jury returned a verdict in Highport’s favor. The trial court’s judgment ordered that Highport recover damages and attorney

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Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Deana Pollard Sacks sued Thomas Hall and Gregory R. Travis for invasion of privacy. The trial court granted Hall’s and Travis’s no evidence and traditional motions for summary judgment against Sacks. On appeal, Sacks identifies eight issues in which she asserts that the trial court erred in granting the motions for summary judgment.
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We affirm.
Background Summary
Deana Pollard

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S.L. V. Pierce Township Board of Trustees

S.L., a minor, by and through his guardian
K.L., and K.L. individually (“Appellants”), appeal the district court’s summary judgment orders
for Defendants-Appellees Edward (“Shawn”) Bartley and Thomas DelGrande. We AFFIRM.
I.
On December 4, 2006, Pierce Township Police Officer David Homer responded to a call
made by S.L.’s mother. Homer “smelled smoke” upon enter

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Wing F. Chau v. Michael Lewis

Plaintiffs‐Appellants Wing F. Chau and Harding Advisory LLC appeal
from a March 29, 2013 judgment of the United States District Court for the
Southern District of New York (Daniels, J) dismissing their claims of libel against
Defendants‐Appellees author Michael Lewis, his source, Steven Eisman, and
Lewis’s publisher, W.W. Norton, for twenty‐six allegedly defamatory statemen

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Domingo Gomez v. Benjamin Martin

Domingo Gomez appeals the district court’s grant of summary judgment in favor
of Benjamin Martin based on qualified immunity and its denial of Mr. Gomez’s Rule
56(d) request to depose Martin. Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
I
On September 26, 2008, Mr. Gomez’s then-wife, Myrna Gomez, and her mother,
Bellia Armendariz, contacted the Doña An

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Helen Dueno v. Modern USA Insurance Company

Helen Dueno, as next friend of her minor nephew, A.C., timely appeals a final
summary judgment in favor of Modern USA Insurance Company, who filed a declaratory
judgment action, seeking a declaration that its homeowner’s insurance policy did not
cover its insureds, Alexa Irizarry and Jose L. Yambo, Sr., for their negligent supervision
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of A.C. Dueno had filed a complaint aga

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Sunsplash Events, Inc. v. Pedro Robles

The defendants appeal from the circuit court’s order denying their motion to compel arbitration of the plaintiff’s claims arising from the parties’ bill of sale agreement. The defendants argue that an arbitration clause contained in the parties’ separate employment agreement was broad enough to encompass claims arising from the bill of sale agreement. We agree with the defendants and rever

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Sonia Graciano v. Mercury General Corporation

Plaintiff Sonia Graciano suffered severe injuries when she was struck by a car driven by Saul Ayala (Saul). Saul was insured by a policy issued by defendant California Automobile Insurance Company (CAIC), which had policy limits of $50,000. Less than three weeks after Graciano's attorney first contacted CAIC alleging Graciano was injured
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by one of CAIC's insureds, during which time Graci

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David S. Karton v. Dougherty

David S. Karton, A Law Corporation (Karton) sued its former client, William Russell Dougherty, for unpaid fees and costs. In 1999, Karton obtained a default judgment against Dougherty in the amount of $86,676.88, including an award of attorney fees pursuant to the parties’ retainer agreement. Karton thereafter pursued enforcement of the judgment and obtained awards of the attorney fees incurred

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In the Interest of A. S., J. D., and S. D., Children

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss
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in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; an

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Texas Department of Public Safety v. Raquel Guzman

Appellant Texas Department of Public Safety (“DPS”) filed this interlocutory appeal to challenge the trial court’s order denying its plea to the jurisdiction and motion to dismiss in a slip and fall case brought against it by appellee Raquel Guzman.1 By two issues,2 DPS argues: (1) the trial court erred because DPS did not have actual knowledge of the alleged water on the floor; and (2) the

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Methodist Hospitals of Dallas d/b/a Methodist Dallas Medical Center and Methodist Health System v. Deborah Searcy

In this interlocutory appeal, Methodist Hospitals of Dallas d/b/a Methodist Dallas
Medical Center and Methodist Health System appeal the trial court’s order denying their motion
to dismiss Deborah Searcy’s slip-and-fall claim. Appellants contend Searcy’s claim is a health
care liability claim subject to the requirements of Chapter 74 of the Texas Civil Practice and
Remedies C

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