Toxic Tort Law
 
United States of America v. Citigroup



The Justice Department, along with federal and state partners, today announced a $7 billion settlement with Citigroup Inc. to resolve federal and state civil claims related to Citigroup’s conduct in the packaging, securitization, marketing, sale and issuance of residential mortgage-backed securities (RMBS) prior to Jan. 1, 2009. The resolution includes a $4 billion civil penalty – t

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United States of America v. Lacey Weld

KNOXVILLE, TN - Lacey Weld, 27, of Dandridge, Tenn., was sentenced to serve 151 months in prison followed by five years of supervised release by the Honorable Thomas Varlan, Chief U.S. District Judge. The sentence was the result of a guilty plea by Weld in November 2013 to a federal grand jury indictment charging her with conspiracy to manufacture methamphetamine (meth).

This case is uniq

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Shameka Danielle Kendrick v. City of Oklahoma City and Jeffrey Scot Baughman

Shameka Danielle Kendrick v. City of Oklahoma City and Jeffrey Scot Baughman

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: Kendrick, Shameka Danielle
Filed Date: 12/20/2013
Party Name: Disposition Information:

Defendant: City Of Oklahoma City
Disposed: JUDGEMENT FOR DEFENDANT, 06/20/2014. Judge.

Defendant: Baughman, Jeffrey Scot

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Shari McIntire v. Roy Hart

Shari McIntire, individually and as Natural Mother and Next Friend of SNG, minor, and Shyton Gilbreath, individually and as Natural Father and Next Friend of SDG, a minor, v. Roy Hart and Christina Hart, individually and as husband and wife.

Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: Mcintire, Shari
Filed Date: 05/07/2013
Party Name: Disposition Information:

More...   $1 (06-25-2014 - OK)

Elaine Damianakis v. Philip Morris USA, Inc.

Elaine Damianakis, as Personal Representative of the Estate of Nikitas Damianakis, appeals a final judgment in favor of Philip Morris USA, Inc., which followed the trial court's grant of Philip Morris's motion for summary judgment. The trial court granted Philip Morris's motion for summary judgment on the ground that the statute of limitations barred Mrs. Damianakis's claims, based on its prerequi

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Timothy Wayne Tarralbo v. Linda K. Rossborough

Timothy Wayne Tarralbo v. Linda K. Rossborough

Issue # 1.
Issue: FRAUD (FRAUD)
Filed by: Tarralbo, Timothy Wayne
Filed Date: 02/13/2013
Party Name: Disposition Information:

Defendant: Rossborough, Linda K
Disposed: DISMISSED - SETTLED, 06/12/2014. Dismissed- Settled.

Defendant: Rossborough, Linda K
Disposed: DISMISSED - WITH PREJUDICE, 0

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Frank and Shelley Thornton v. Northeast Harris County MUD 1

Appellee Northeast Harris County MUD 1 filed an eminent domain suit against appellants Frank and Shelley Thornton. The Thorntons brought counterclaims for inverse condemnation, nuisance, trespass, and negligent trespass. MUD filed a plea to the jurisdiction, arguing that there was no legislative waiver of its governmental immunity and that the Thorntons’ counterclaims did not give rise to a cons

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Mindi M., individually and as next friend of S.M., a child v. The Flagship Hotel, Ltd, Flagship Hospitality, Inc., Individually and d/b/a Flagship Hotel

After considering the motion for rehearing, our judgment in this case remains unchanged; however, to address points raised in the motion, we withdraw our opinion from June 26, 2014, and issue this substitute opinion in its place. We deny the motion as moot.
2
Mindi M. sued the Flagship Hotel and a related entity (collectively, the “Hotel”) after her minor son, S.M., was sexually abused

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Office of Attorney General v. Kimberly Ann Parks-Cornelius

The Office of the Attorney General of Texas (OAG) appeals from a default judgment rendered in favor of Kimberly Ann Parks-Cornelius in her suit to recover past due child support. OAG contends the trial court’s judgment should be reversed because there is error apparent on the face of the record. We reverse and render.
BACKGROUND
Parks-Cornelius’s ex-husband was ordered to pay child sup

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Darlene Fike as next friend of Hunter E. Bodine, a minor child v. Travis Miller, et al.

Darlene Fike, as next friend of Hunter E. Bodine, a minor child, appeals from the trial court’s orders dismissing her suit against Travis Miller, Jim Gregory, and Latexo Independent School District (LISD). Fike contends that she asserted claims that should not have been dismissed. We affirm.
BACKGROUND
Bodine is a student at LISD, and Miller is one of his coaches. Gregory is the superint

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Joseph & Debra Domino v. Allmand & Lee, PLLC, Chris Lee, and Weldon R. Allmand

Appellants Joseph and Debra Domino sued appellees Allmand & Lee, PLLC, Chris Lee, and Weldon R. Allmand for legal malpractice, alleging negligent representation in bankruptcy proceedings from November 6, 2009, to February 24, 2010, when the Dominos’ Chapter 13 case was dismissed. The Dominos filed their malpractice suit on November 5, 2012.
2
The appellees filed traditional motions for s

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Kathleen Hardin v. PDX, Inc.

PDX, Inc. claims the trial court erred when it denied a motion to strike brought under Code of Civil Procedure section 425.16, and refused to dismiss a negligence and product liability action as a Strategic Lawsuit Against Public Participation. Because the plaintiff demonstrated a probability she may prevail on her claim, we affirm.
BACKGROUND
Kathleen Hardin suffered complete blindness an

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Timothy Sandquist v. Lebo Automotive, Inc.

In this class action, plaintiff Timothy Sandquist purports to appeal from the trial
court’s August 14, 2012 order granting defendants’ motion to compel him to arbitrate his
individual claims, as well as defendants’ motion to dismiss all class claims without
prejudice. Although this order is not appealable, we liberally construe Sandquist’s notice
of appeal to include the tr

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Lilas Moua v. Pittullo, Howington, Barker, Abernathy, LLP

Lilas Moua (appellant) appeals from a judgment entered after the trial court
granted summary judgment in favor of Pittullo, Howington, Barker, Abernathy, LLP;
P. Timothy Pittullo (Pittullo) and Jonathon A. Zitney (Zitney) (collectively respondents)
on appellant’s claim against respondents for legal malpractice. We affirm.
FACTUAL BACKGROUND
Appellant was born and educated in

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Kathryn Settle v. State of California

A patron orders a hamburger from the menu at a diner and asks the server if he can substitute edamame for french fries. "No substitutions," says the server. We, like the server who cannot add or substitute entries on the menu, cannot add or substitute words in a statute.
Code of Civil Procedure 1038 requires a mandatory award of defense costs where the trial court grants summary judgment and f

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The People v. Anthony S.

Anthony S. admitted an assault with a firearm, in which he and a co-defendant seriously wounded Melvin Houston, resulting in a hospital bill of over $400,000. The hospital has not attempted to collect from Houston, having determined that he was indigent and the debt was uncollectable. At a hearing to set restitution, a hospital representative testified that after a debt is written off as uncollect

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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 H

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In re Sean Alen Greenfields

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 (2004) 32 Cal.4th 1.)

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Robert L. Floyd v. The City of Choctaw, et al.

Robert L. Floyd v. the City of Choctaw, Choctaw Town Square, LLC, JOsh Kyles, Eldon Blackaby and Kurt Blackaby

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: Floyd, Robert L
Filed Date: 06/04/2012
Party Name: Disposition Information:

Defendant: The City of Choctaw
Disposed: STAYED PENDING ACTION OTHER JURISDICTION, 08/29/2013. Oth

More...   $0 (06-13-2014 - OK)

Kevin Jarman v. City of New York

New York, NY - Kevin Jarman, age 50, sued City of New York on a governmental tort claim theory claiming to have suffered a broken ankle during an arrest for shoplifting. Jarman pled guilty to the shoplifting charge.

Jarman claimed that 5-foot-5 Sgt. Samuel Morales approached him inside Pathmark after a store clerk reported a theft. The suit said the cop was intimidated by the 6-foot-2 Jar

More...   $510000 (07-16-2014 - NY)

Jan Raynard Howard v. Metropolitan Trust Transit Authority

Jan Raynard Howard v. Metropolitan Trust Transit Authority

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: HOWARD, JAN RAYNARD
Filed Date: 10/31/2013
Party Name: Disposition Information:

Defendant: METROPOLITAN TULSA TRANSIT AUTHORITY
Disposed: DISMISSED - WITH PREJUDICE, 06/05/2014. Dismissed- Settled.

1. On or about April 15, 2013, Plai

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William P. Teurlings v. Mallory E. Larson

This appeal arises from an action filed against Mallory Martinez1, a National Guard member, by William Teurlings. Teurlings alleged he suffered personal injury and economic damage resulting from a vehicle collision caused by Martinez’s negligence. Martinez moved for summary judgment asserting immunity under I.C. § 6-904(4), which provides immunity to National Guard members for claims arising ou

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CUMIS Insurance Society, Inc. v. Wade Massey

This appeal arises from a negligence action filed by CUMIS Insurance Society (CUMIS), the subrogee of Icon Federal Credit Union (Icon), against Wade Massey and his business, Capitol West Appraisals (Capitol). All parties moved for summary judgment. The district court granted Massey’s motion and dismissed CUMIS’s claims after deciding CUMIS failed to establish that Massey owed a duty of care to

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Clearwater REI, LLC v. Mark Boling

EISMANN, Justice.
This is an appeal out of Ada County from an order denying a motion to compel nonparties to a contract to arbitrate pursuant to an arbitration clause in the contract. We affirm the order of the district court.
I.
Factual Background.
2
In February 2010, Mark Boling, an attorney residing in California, received a packet dated February 1, 2010, from Clearwater Rea

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Hallmark Cards v. Monitor Clipper Partners

Hallmark Cards, Inc. (Hallmark), hired Monitor Company Group, L.P.
(Monitor), to compile research on the greeting cards market. Monitor transmitted
confidential market research it had prepared for Hallmark to a private equity firm
called Monitor Clipper Partners, LLC (Clipper), the defendant in this litigation.
Clipper used this information to purchase and subsequently manage a com

More...   $0 (07-15-2014 - MO)

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