Toxic Tort Law
 
Charles and Virginia Barnes v. The District Board of Trustees of St. Johns River State College, Florida

A state college’s stormwater management system is the focus of this dispute. Charles and Virginia Barnes sued the District Board of Trustees of St. Johns River
State College for damages to their property from water alleged to have overflown from a retention pond on the District’s campus. The trial court ruled the District was entitled to immunity under section 373.443, Florida Statutes. We

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Irving H. Picard v. Fairfield Greenwich Limited, et al.

Irving H. Picard (the ʺTrusteeʺ), trustee for the
liquidation of Bernard L. Madoff Investment Securities
LLC (ʺBLMISʺ) and of the bankruptcy estate of Bernard
L. Madoff, initiated adversary proceedings seeking to
block the settlement of three lawsuits, none of which
involved BLMIS or the Madoff estate as a party. The
suits in question were brought by and on behalf of

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Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a

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Dallas County Hospital District v. Laura Constantino

Dallas County Hospital District d/b/a Parkland Health and Hospital System appeals that part of the trial court’s interlocutory order denying its plea to the jurisdiction in Laura Constantino’s suit for personal injuries. We reverse and remand.
Background
Constantino sued Parkland after sustaining injuries to her arm and shoulder when a television set fell on her while visiting a Parkla

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The University of Texas at Austin v. John Sampson

Appellee John Sampson brought suit against the University of Texas at Austin
pursuant to the Texas Tort Claims Act (TCA) seeking damages for personal injuries he sustained on
the University’s campus. See Tex. Civ. Prac. & Rem. Code §§ 101.001–.109. In this interlocutory
appeal, the University challenges the trial court’s order denying its plea to the jurisdiction, motion
to

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Calyx Energy, LLC v. Mark Hall

¶1 Mark and Rachel Hall appeal three rulings of the district court, a January 3, 2011 order granting their motion for attorney fees, a January 31, 2011 order denying their motion for treble damages and a July 6, 2011 order denying their motion for additional attorney fees. We dismiss this appeal for lack of appellate jurisdiction because the orders appealed lack the finality required for appellat

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City of Oklahoma City v. Gertrude Paine Daly

¶1 This action for damages resulting from the construction of a city sewer was tried by the court on the petition of the defendants in error, hereinafter called Owner, against the City of Oklahoma City, hereinafter called the "City", plaintiff in error. The court found in favor of the Owner and against the City and rendered judgment accordingly.

¶2 The controversy arose from the constru

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Jess Albert Underwood v. The State of Oklahoma, ex rel. Department of Transportation

¶1 Appellant (Department) seeks review of a judgment for Appellees (Landowners) in this action for injury to real property. It further seeks review of the trial court's order assessing attorney fees. We affirm.

¶2 Landowners filed their petition on July 1, 1988. They claimed Department, as part of a road improvement project in 1983, replaced a culvert which had been draining their land

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Western Farmers Elec. Co-op v. Harold R. Willard

¶1 Appellants, (Landowners) in this condemnation action, appeal from an order of the trial court overruling their exceptions to the report of the commissioners appointed to appraise their land condemned by Appellee Electric Cooperative for an easement to construct power lines.

¶2 Landowners based their objections on the right of Appellee to exercise the powers of eminent domain. This qu

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Jim C. Graham v. City of Duncan, Oklahoma

¶1 Jim C. Graham instituted this action January 9, 1957, against the City of Duncan to collect damages for the alleged destruction of a broomcorn crop of the value of $5,274.25. The parties will be referred to as Graham and City.

¶2 In his petition Graham alleged he had leased land in Stephens County, Oklahoma, from his father, the then owner of the land, for the year 1956 and had plant

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Richard Salzer v. SSM Health Care of Oklahoma, Inc.

Richard Salzer sued SSM Health Care of Oklahoma, Inc. (“SSM”), alleging
breach of contract and other state law claims based on SSM’s attempt to collect payment
for medical care from Salzer instead of his health insurance company. SSM removed the
case to federal district court. Salzer challenges the district court’s denial of his motion to
remand based on its determination t

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Amy Greenlee a/k/a Amy Lawson v. Jerald Evans

Amy Greenlee a/k/a Amy Lawson v. Jerald Evans

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: GREENLEE, AMY
Filed Date: 07/16/2012
Party Name: Disposition Information:

Defendant: EVANS, JERALD
Disposed: OTHER, 04/25/2014. Other.

Defendant: EVANS, JERALD
Disposed: DISMISSED - WITH PREJUDICE, 07/14/2014. Dismissed- Settled.

More...   $18000 (07-14-2014 - OK)

Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open
Infrastructure Agency, or “UTOPIA,” a state agency charged with upgrading
high-speed internet access. Claiming he was fired for revealing a conflict of
interest in contract awards, he threatened to sue the agency for wrongful
termination. Shortly after making this threat, he was subject to several
unflattering m

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Watoshina Lynn Compton v. Countrywide Financial Corporation, et al.

Watoshina Lynn Compton appeals the district court’s
dismissal of her claim under section 480-2 of the Hawaii
Revised Statutes, which authorizes consumers to “bring an
action based upon unfair or deceptive acts or practices.”
Haw. Rev. Stat. § 480-2(d) (referred to herein as a UDAP
claim). Because Compton’s complaint adequately alleges
that unfair and deceptive acts

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Ronald Ray Williams v. LAW OFFICES OF JEFF MARTIN & ASSOCIATES AKA JEFF MARTIN & ASSOCIATES AKA JEFF MARTIN & ASSOCIATES PC, et al.

Ronald Ray Williams v. DIRANI, FRED HANSEN, DIRANI LAW OFFICES PLLC, JEREMY D LOOPER PC,
JEREMY D LOOPER PC, BILLY D GRIFFIN PC, GRIFFIN, BILLY D JASON B REYNOLDS PC, REYNOLDS, JASON B
MARTIN, JEFF

Issue # 1.
Issue: LEGAL NEGLIGENCE (LEGALNEGL)
Filed by: WILLIAMS, RONALD RAY
Filed Date: 07/08/2011
Party Name: Disposition Information:

Defendant: BILLY

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Darla Pharr v. Camryn McJunkin, Karen Giffin and Dustin Giffin

Darla Pharr v. Camryn McJunkin, Karen Giffin and Dustin Giffin

Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: PHARR, DARLA
Filed Date: 06/06/2012
Party Name: Disposition Information:

Defendant: GIFFIN, KAREN
Pending.

Defendant: GIFFIN, DUSTIN JOE
Disposed: DISMISSED - WITH PREJUDICE, 06/04/2014. Dismissed- Settled.

Defendan

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Westville Nursing Home, Inc.a nd CCG&K, LLC v. City of Westville, Oklahoma

Westville Nursing Home, Inc.a nd CCG&K, LLC v. City of Westville, Oklahoma
Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: WESTVILLE NURSING HOME INC
Filed Date: 11/21/2007
Party Name: Disposition Information:

Defendant: CITY OF WESTVILLE
Disposed: DISMISSED - WITH PREJUDICE, 06/04/2014. Dismissed- Settled.

On or about the 13th day of January, 20

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Herminio Pizarro v. City of New York

Herminio Pizarro sued City of New York on civil rights and tort theories claiming that five New York City police officers assaulted and battered him in the 40th Precinct stationhouse on August 4, 2007. He claimed neck and other injuries from being kicked and punched by the officers.

The City claimed that the Plaintiff was the aggressor, not the police officers. It found no fault with th

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Sebastian Lombardo v. Shouvik Bhattacharyya

In this interlocutory appeal, Sebastian Lombardo appeals the trial court’s order denying his special appearance, concluding the trial court had specific jurisdiction over Lombardo, in an action brought by Shouvik Bhattacharyya, alleging Lombardo is liable for intentional infliction of emotional distress, defamation, fraud, fraudulent inducement, and negligent misrepresentation. In five issues, L

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Ted Stauffer & John Bernot v. Jane T. Nicholson

This interlocutory appeal arises out of a lawsuit Jane T. Nicholson filed in probate court against her brother Ted Stauffer a nonresident. Nicholson sued Stauffer individually and as “Successor Trustee of the Anne Bodulus Stauffer Revocable Trust.” Stauffer filed a special appearance to the action asserting the court lacked personal jurisdiction over him. After a hearing, the court denied the

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The Estate of B.I.C. v. Linda Gillen

Brooklyn Coons (called “Brook” by her estate) died from being shaken and possibly struck on the head while in the care of her father’s girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook’s vulnerability to danger. T

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Kenneth Mark Dorrough v. John Murray Faircloth and Helen Bowen

In response to a complaint that Appellee John Faircloth was interfering with others’ right to fish, Appellant Kenneth Mark Dorrough, a deputy game warden, entered Faircloth’s lakefront property. He saw Appellee Helen Bowen, Faircloth’s wife, questioned her briefly, and then questioned Faircloth. After a heated verbal exchange between Faircloth and Dorrough, Appellees sued Dorrough alleging s

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Doctors Data, Inc. v. Ronald Stemp and Carrie Stemp

Ronald and Carrie Stemp (collectively, “the Stemps”) sued Doctors Data, Inc.,
Care Clinics, Inc., Nutrigenomics, Inc., Jesus Antonio Caquias, MD, and other individuals and
entities, in connection with Ronald Stemp’s treatment at a facility in Austin, Texas, known as
Care Clinics. The Stemps alleged multiple claims, including assault, violation of the Deceptive
Trade Practices

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Lavine Thomas v. Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Inova Financial LLC

Lavine Thomas appeals the trial court’s grant of summary judgment based
2
on the doctrine of judicial estoppel in favor of appellees Glen Ginter, Richard J. Griffin a/k/a R. Jason Griffin, Griffin Law Firm, PLLC, John Grady Griffin, Innova Mortgage LLC, Lavine Thomas Properties LLC, and Innova Financial LLC. We affirm.
Background
In 2005 and 2006, Thomas entered into several real

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Delores Escobar, Individually, as Representative of the Estate of Luis Manuel Escobar, and as Next Friend of Luis Alberto Escobar, a Minor v. Harris County, Texas and Eric Goodney

Following an attempted traffic stop, Luis Manuel Escobar fled in his car from Harris County Sheriff’s Deputy Eric Goodney. At the end of the pursuit, Luis was shot and killed as he ran from the scene. This lawsuit was brought by Luis’s
2
mother, alleging that his death resulted from the unlawfully excessive use of force by Deputy Goodney.
Appellant Delores Escobar sued appellees Ha

More...   $0 (07-31-2014 - TX)

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