Toxic Tort Law
 
United States of America v. Grant McCollough

SAN DIEGO - Grant McCollough, a real estate investor and owner of Tycoon Investments, and his wife, Marisa McCollough, pleaded guilty today to participating in a conspiracy to defraud mortgage lenders and impede the Internal Revenue Service.

As part of their conspiracy, the McColloughs recruited investors to act as “straw” buyers and arranged for false information to be submitted to m

More...   $0 (09-30-2014 - CA)

Jamshid Najah v. Scottsdale Insurance Company

Appellants Jamshid Najah and Mark Akhavain sold a commercial property, taking back as partial payment a promissory note secured by a second deed of trust. When the borrower fell into default and the holder of the first deed of trust commenced foreclosure proceedings, appellants purchased from the senior lender the promissory note secured by the first deed of trust and took assignment of that trust

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Nimachia Hernandez v. Dan Siegel

Attorneys Dan Siegel and Ann Weills represented Nimachia Hernandez in a successful employment discrimination lawsuit in which attorney fees and costs were awarded, pursuant to Government Code section 12965.1 The total amount of the fee award, plus accrued interest, was paid directly to Siegel’s law firm by the defendant in the litigation. When the interest was not disbursed to her, Hernandez sue

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Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

More...   $0 (09-22-2014 - CA)

Wayne Earl Larson v. UHS of Rancho Springs, Inc.

In this appeal, we must decide whether a plaintiff’s claims for battery and intentional infliction of emotional distress are based on a health care provider’s professional negligence and therefore subject to the one-year limitations period set forth in Code of Civil Procedure section 340.5.1 Plaintiff and appellant Wayne Earl Larson alleges defendant and respondent Richard Shuman, M.D., served

More...   $0 (10-02-2014 - CA)

Douglass Wentworth v. Larry Welsh

Douglass Wentworth appeals the trial court’s take-nothing judgment, rendered on a jury
verdict, on his negligence claim arising from an automobile collision. In his sole issue, appellant
contends the trial court reversibly erred by refusing to instruct the jury on the “original tortfeasor
doctrine” and by giving a sole proximate cause instruction. For reasons that follow, we affi

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Duane and Donna Kerns v. Fairland School Board

Miami, OK - Duane and Donna Kerns sued the Fairland School Board on wrongful death governmental tort claim theories under 51 O.S. Section 151, et seq. claiming that the failure to exercise due care on the party of school employees result in the death of their son 17-year-old son, Colton Kerns, who was killed in a single-vehicle accident on April 20, 2011.

School officials discovered tha

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Tom Self and UYTSAIFLY800XP, LLC v. Mercury Air Center Tulsa, LLC d/b/a Atlantic Air Tulsa

Tulsa, OK - Tom Self and UYTSAIFLY800XP, LLC sued Mercury Air Center Tulsa, LLC d/b/a Atlantic Air Tulsa on a negligence theory.

Defendant moved for summary judgment stating, in part:

This case arises out of damages to a 1997 Hawker 800 XP aircraft owned by Plaintiffs (the “Aircraft”). Pursuant to a Use and Occupancy Agreement effcctive January 1, 2010 (the “Agreement”),

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James Owens v. Baltimore City State's Attorneys Office

James Owens brought this action under 42 U.S.C. § 1983 against the Baltimore City State’s Attorney’s Office, an assistant State’s Attorney, the Baltimore City Police Department, and several Baltimore City police officers. In his complaint, Owens alleges that the defendants violated his constitutional rights by intentionally withholding exculpatory evidence during his 1988 trial for the rape

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Bernardo Mendia v. John M. Garcia

Bernardo Mendia sued two agents of the United States
Immigration and Customs Enforcement (ICE), seeking
damages for the time he spent in pre-trial detention on state
criminal charges allegedly as a result of the agents’ wrongful
acts. The district court granted the government’s motion to
dismiss Mendia’s lawsuit on the ground that he lacks Article
III standing to purs

More...   $0 (11-30--0001 - CA)

Manuel Holguin v. Dish Network, LLC

Defendants DISH Network LLC (DISH), AT&T Corporation (AT&T), and EchoStar Satellite LLC (EchoStar) appeal the judgment and two postjudgment orders in favor of plaintiffs Manuel and Deborah Holguin (the Holguins) following a jury trial on the Holguins' complaint for breach of contract, negligence, and other torts. DISH, AT&T, and EchoStar contend that the trial court erred by denying their motion f

More...   $0 (09-22-2014 - CA)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas

More...   $0 (09-25-2014 - CA)

Jeffrey Cooper v. Lavely & Singer

In the underlying arbitration proceeding, the arbitrator initially issued a “Final Award” denying a request for an award of attorney fees by respondent Lavely & Singer Professional Corporation (L & S). The arbitrator later modified the Final Award to include a fee award, and issued a “Revised Final Award.” Appellant Jeffrey Cooper challenges the trial court’s confirmation of the Revised

More...   $0 (09-26-2014 - CA)

Reggie Wassana v. Cheyenne-Arapaho Housing Authority

Clinton, OK - Reggie Wassana sued the Cheyenne-Arapaho Housing Authority on a wrongful termination theory.

01/20/2012 FILE & ENTER PETITION - FIL & SCANNED $163.00
LAW LIBRARY ASSESSMENT $6.00
DISPUTE MEDIATION ASSESSMENT $2.00
OKLAHOMA COURT INFORMATION SYSTEM ASSESSMENT $25.00
LENGTHY TRIAL FUND $10.00
OK COURT APPOINTED SPECIAL ADVOCATES $5.00
10% O

More...   $0 (01-20-2012 - OK)

Harris County Community Supervision and Corrections Department v. Paula Trejo

The Harris County Community Supervision and Corrections Department brings this interlocutory appeal from the denial of its motion for summary judgment based on the election of remedies provision of the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. § 101.106. We affirm.
Appellee Paula Trejo sued Harris County and an employee of the Department for personal injuries Trejo sustained

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R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a

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San Antonio Water System v. Beatriz Smith

Beatriz Smith sued the San Antonio Water System (SAWS) for injuries she sustained when she fell into a hole on a sidewalk. SAWS filed a plea to the jurisdiction, asserting it did not receive notice of the claim against it as required by the Texas Tort Claims Act. The trial court denied the plea. We affirm the order because we hold that 1) SAWS is not a “governmental unit” entitled to notice un

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Letosha Gale, M.D. v. Hector Lucio

We granted the petition of appellants, Letosha Gale, M.D. and Zoe Life Wellness Center, P.A. (collectively, “Dr. Gale”), to file a permissive appeal pursuant to Texas Rule of Appellate Procedure 28.3 on the issue of whether
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appellee, Hector Lucio, as the representative of his wife Maria’s estate, can invoke the open courts provision of the Texas Constitution to toll the statute of

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Beth Ann Murphy v. Moore Independent School District

COMES NOW the Plaintiff, Beth Ann Murphy, mother and next friend of Chauncy A. Jackson, a minor, by and through her attorneys of record, Zelbst, Holmes & Butler, and for her claim against the Defendant, Moore Independent School District, respectfully alleges and states as follows:
1. That on April 16, 2013, Plaintiff, Beth Ann Murphy, mother and next friend of Chauncy A. Jackson, a minor, was

More...   $1 (08-27-2014 - OK)

Jon Davler, Inc. v. Arch Insurance Company

A group of employees brought an action against their employer, Jon Davler, Inc., for various employment claims, including sexual harassment, invasion of privacy, and false imprisonment. Jon Davler tendered the action to its insurer, Arch Insurance Company, which denied coverage based on an employment-related practices exclusion. After Jon Davler filed this insurance coverage action against Arch, t

More...   $0 (09-15-2014 - CA)

United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith

Appellants seek reversal of the trial court’s order denying their motion to compel
arbitration against plaintiff and former employee Thomas Smith. We affirm.

BACKGROUND

Smith alleges that Appellant unlawfully terminated him on the basis of age during a
series of workforce reduction layoffs that targeted only older employees. Smith further alleges
that he refused to

More...   $0 (09-17-2014 - TX)

William R. and Susan M. Knoderer v. State Farm Lloyds, Penni Perkins and Tom Roberts

In this case, both sides—William R. Knoderer and wife, Susan M. Knoderer, as plaintiffs (collectively, the Knoderers), and State Farm Lloyds, Penni Perkins, and Tom Roberts, as defendants (collectively, State Farm)—have gone to remarkable lengths in fighting an insurance dispute over a house flooded by a leak in its plumbing system. The record reveals voluminous discovery, the substantial use

More...   $0 (09-19-2014 - OK)

Malladi Sudhakar Reddy, M.D. v. Dianna Lynn Veedell and Maury Veedell

A bicyclist was injured when she was struck by a car driven by a distracted doctor. Is her negligence claim against the doctor a “health care liability claim” under the Texas Medical Liability Act, requiring her to file an expert report to
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establish that her claim is not frivolous? We conclude that it is not, and accordingly we affirm the trial court’s ruling denying the doctor’s

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Vehicle Market Research, Inc. v. Mitchell International, Inc.

This is a judicial estoppel case, which is controlled by two principles: our
reluctance to impose the harsh remedy of judicial estoppel, and the failure by the party
asserting judicial estoppel to bear its burden to point to clearly inconsistent statements in
support of its arguments.
The case involves statements made by plaintiff Vehicle Market Research, Inc.
(VMR) in a breach

More...   $0 (09-17-2014 - KS)

Lacey Rhodes v. Alfalfa County, Oklahoma

Cherokee, OK - Lacey Rhodes, individually and on behalf of her minor daughter sued Alfalfa County, Oklahoma on a governmental tort claim negligence theory.

03/08/2012 PETITION FILED (1) $163.00
LAW LIBRARY ASSESSMENT $6.00
DISPUTE MEDIATION $2.00
OKLAHOMA COURT INFORMATION SYSTEM ASSESSMENT - EFF 7-1-04 $25.00
LENGTHY TRIAL FUND $10.00
OKLAHOMA CASA $5.00

More...   $1 (03-08-2012 - OK)

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