Toxic Tort Law
 
Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r

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Robert L. Kroenlein v. Gray Bruce Kirchhefer

The Robert L. Kroenlein Trust owns and operates J&B Liquors, a business
in Torrington, Wyoming. In 2005, a salesman for one of J&B’s beer distributors,
Gary Kirchhefer, began stealing beer from J&B’s account and reselling the stolen
beer to other bars and liquor stores in Wyoming, including those owned by the
defendants. One of the owners of J&B discovered Kirchhefer’s theft

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Favour Leasing, LLC, et al v. Patrick J. Mulligan, et al

We deny appellees’ motion for rehearing. On our motion, we withdraw our June 24, 2014 opinion and vacate our judgment of that date. This is now the opinion of the Court.
This is an interlocutory appeal from the trial court’s order overruling the special appearance of Favour Leasing, LLC, C.F. Abbott Family LLC, and the LLC’s sole members, the C.F. Abbott Trust and the Oranee H. Abbott Tr

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Thomas O. Bennett, Jr., James B. Bonham Corporation, and Wayne H. Paris v. Randy Reynolds, Larry Grant and Richard T. Miller

Thomas O. Bennett, Jr. and the James B. Bonham Corporation appeal a final takenothing
summary judgment on claims they had asserted against Randy Reynolds, Larry Grant,
and Richard T. (Dick) Miller. The judgment also imposed sanctions jointly and severally against
Bennett, Bonham, and their attorney in this proceeding, Wayne H. Paris, and all three of them
(collectively, and as appl

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Denise Pleasant v. United States of America

In this Federal Tort Claims Act (“FTCA”) case, Plaintiffs-Appellants Denise Pleasant, Larvardis Whitman, and Chassiti Williams appeal the dismissal of their complaint against the Veterans Administration (“VA”). In their complaint, the plaintiffs assert wrongful-death and survival causes of action available under Louisiana law. The decedent, Nathan Chaney, died on May 13, 2006, in the emerg

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Thomas R. Okrie v. State of Michigan

Plaintiff, Thomas R. Okrie, commenced this original action petition to challenge the
constitutionality of 2013 Public Act 164 (PA 164).1 Plaintiff objects to the transfer of the Court
of Claims from the Ingham Circuit Court (the Thirtieth Circuit Court), where it has been housed
since 1978, to this Court, where appeals from the Court of Claims are also heard. Plaintiff
challenges t

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Eric Wood v. Mercedes-Benz of Oklahoma City

¶1 Erica Wood was employed by Ned's Catering, Inc. On March 8, 2008, Wood reported to Mercedes-Benz of Oklahoma City to assist with a catered event at the car dealer's facility. Upon arriving at the dealership, Wood drove around the parking lot searching for a place to park her vehicle. Wood noticed ice on the grass, pavement, and sidewalks surrounding the Mercedes-Benz facility. Wood testified i

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Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises,

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Betty Keith v. Mountain Resorts Development, LLC

¶ 1 This case is about land in Park City, Utah—a little town that has undergone many transformations. Mormon pioneers first traveled through the area on their way to Salt Lake City. When prospectors discovered silver in the hills, it became a mining boomtown, then, when the price of silver fell, it was nearly deserted as a ghost town—but industrious residents reinvented it as a luxury resort

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Steve Munson v. Bill Fraser

Vacated, in part, and remanded for proceedings consistent with this opinion.
1
1 SERCOMBE, J.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan

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Kevin Rains v. Stayton Builders Mart, Inc.

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla

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Lefiell Manufacturing Company v. O'Neil Watrous

Labor Code section 45581 provides an exception to the exclusivity of the workers’ compensation system for employees injured as a result of the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press. The issue presented here is the correct definition and application of the term, “point of operation guard.” The meaning of this term is not de

More...   $0 (08-06-2014 - CA)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the

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Arnulfo Alvarez v. BAC Home Loans Servicing, L.P.

Plaintiffs Arnulfo and Consuelo Alvarez and Enrique and Ofelia De Haro appeal from a judgment entered in favor of defendants BAC Home Loans Servicing, L.P., Bank of America, N.A., and ReconTrust Company, N.A. (collectively Bank of America) following the sustaining of defendants’ demurrer to plaintiffs’ second amended complaint (the complaint) without leave to amend.1 The complaint alleges, amo

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Michael M. Mojtahedi v. Faernando D. Vargas

Plaintiff Michael M. Mojtahedi, the first of two attorneys to represent a pair of clients in a personal injury matter, appeals the trial court’s judgment sustaining the demurrer to his second amended complaint without leave to amend. In the underlying matter, Plaintiff represented the clients until Defendant Fernando D. Vargas substituted in as new counsel. Defendant obtained a settlement paymen

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Alan Petrie v. UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residental, Inc.

In his first issue, Alan Petrie appeals the final judgment of the trial court which, after a pre-trial evidentiary hearing, found that UDR Texas Properties, L.P. d/b/a The Gallery Apartments, United Dominion Realty Trust, Inc., ASR of Delaware, L.L.C. and UDR Western Residential, Inc. (“Gallery”) owed no duty to Petrie to protect him from the criminal acts of third parties committed on its

More...   $0 (08-14-2014 - TX)

Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that

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Shawntia Nichols v. Metropolitan Tulsa Transit Authority

Shawntia Nichols v. Metropolitan Tulsa Transit Authority

1. Plaintiff is a resident of Tulsa, Tulsa County, State of Oklahoma.
2 Upon information and belief, Defendant is a governmental entity operating primarily in Tulsa, Tulsa County, State of Oklahoma
3. The incident giving rise to this lawsuit occurred in Tulsa, Tulsa County, State of Oklahoma, making jurisdiction and venue of

More...   $1 (07-21-2014 - OK)

Renato Acain, et al. v. International Plant Services, LLC, et al.

Fifty-seven Filipino former employees of International Plant Services, LLC (IPS), a Texas company, sued IPS, MBC Human Resources Development Corporation (the Filipino agency that recruited them to work for IPS in Texas), and various individual defendants who owned or worked for IPS and MBC, alleging that they had been subjected to human trafficking by the defendants, and asserting various tort and

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Nancy F. Lee v. William B. Hanley

Plaintiff and appellant Nancy F. Lee hired Attorney William B. Hanley to represent her in certain civil litigation. After the litigation settled, Lee sought a refund of unearned attorney fees and unused expert witness fees she had advanced to Attorney Hanley. Not having received a refund, Lee hired Attorney Walter J. Wilson and terminated the services of Attorney Hanley. Attorney Hanley thereafter

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In re Sean Allen Greenshields

Persons committed for mental health treatment under the Lanterman-Petris-
Short Act ("LPS patients") (Welf. & Inst. Code, § 5000 et seq.) have a statutory and
constitutional right to refuse antipsychotic medication under certain circumstances. So
do persons committed for treatment under the Mentally Disordered Offenders Act
("MDO's") (Pen. Code, § 2960 et seq.).1 (In re Qawi (200

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Steven Hoffman v. 162 North Wolfe, LLC

This case involves a dispute between the owners of adjacent commercial property located in Sunnyvale at 170 North Wolfe Road (170 Wolfe, or 170 Wolfe property) and 162 North Wolfe Road (162 Wolfe, or 162 Wolfe property). In March 2010, appellants Steven Hoffman (Hoffman) and Swee Lin Hoffman (collectively, the Hoffmans), purchased the 170 Wolfe property. After close of escrow, the owner of the 162

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Michael Seiser v. City of Chicago and Debra Kirby

Chicago police officer Michael Seiser
was arrested and subjected to a breathalyzer examination after
several witnesses reported seeing him drinking from an
alcoholic beverage container while driving his personal vehicle.
After the breathalyzer detected no alcohol in his bloodstream,
he was cited for driving a motor vehicle with an open container
of alcohol in the passenger

More...   $0 (08-12-2014 - IL)

Patrick Hahn v. Daniel Walsh

Janet Hahn was a pretrial detainee at
the Champaign County Correctional Center (“CCCC”)
immediately before she died as a result of diabetic
ketoacidosis.1 Patrick Hahn, Mrs. Hahn’s husband, and
Erik Redwood, the administrator of her estate, brought this
action, alleging that various government officials and private
contractors failed to provide adequate medical treatm

More...   $0 (08-12-2014 - IL)

United States of America v. Jean Claude Kodio Toviave

Child abuse is a state crime, but not a federal crime. Forced
labor is a federal crime, 18 U.S.C. § 1589, but the statute obviously does not extend to requiring
one’s children to do their homework, babysit on occasion, and do household chores. Only by
>
No. 13-1441 United States v. Toviave Page 2
bootstrapping can this combination of two actions that are not federal crimes

More...   $0 (08-04-2014 - MI)

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