Toxic Tort Law
 
Westville Nursing Home, Inc. and CCG&K, LLC v. City of Westville, Oklahoma

Westville Nursing Home, Inc. and 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.

1. Plaintiff, Westville Nursing Ho

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Flying Pigs, LLC v. RRAJ Franchising, LLC

In late 2012, a North Carolina business called Flying Pigs, LLC, sued a North Carolina entity called RRAJ Franchising, LLC, in the Superior Court of Lenoir County, North Carolina, alleging a claim under North Carolina law. RRAJ removed that lawsuit to the Eastern District of North Carolina, asserting federal question jurisdiction pursuant to 28 U.S.C. § 1331. The district court denied Flying Pigs

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Anthony Stonecipher v. Special Agent Carlos Valles

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for

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Tori V. Arnell v. Dora Consolidated School District

Amber Shaw coached Plaintiff Tori Varnell in several sports while she was a student in the Dora Consolidated School District (Dora Schools). According to Plaintiff, Shaw sexually abused her for more than a year, ending while she was in the ninth grade, sometime in late 2006 or early 2007. On May 24, 2012, when Plaintiff was 20, she sued Ms. Shaw, Dora Schools, and Dora Schools Superintendent Steve

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Guerra & Moore, L.L.P. v. J. Michael Moore and David Lumber

Seeking a bill of review, Appellant Mark Cantu petitioned the trial court to set aside its August 4, 2008 judgment against him for $1.6 million in damages for legal fees in a product liability suit claiming the wrongful death of Santa Magdalena Gonzalez. His petition alleged that Appellees Guerra & Moore, LLP, Carlos Guerra, J. Michael Moore, and David Lumber conspired to defraud him of the legal

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Angela Mott v. Bank of the Lakes

Angela Mott v. Bank of the Lakes

Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: MOTT, ANGELA
Filed Date: 06/03/2013
Party Name: Disposition Information:

Defendant: BANK OF THE LAKES
Disposed: DISMISSED WITHOUT PREJUDICE, 05/22/2014. Dismissed by Court.

Defendant: BANK OF THE LAKES
Disposed: DISMISSED - WITH PREJUDICE, 05/29/2014. Dis

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Robert Hale v. Ward County

[¶1] Robert Hale, individually and on behalf of the State of North Dakota, and Susan Hale appeal from a summary judgment dismissing their public nuisance claim against Ward County and the City of Minot. We conclude the Hales, as private persons, are not entitled to maintain a claim for a public nuisance under N.D.C.C. § 42-01-08, because they did not show the alleged public nuisance is specially

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Holly Stroth, Personal Representative of the Wrongful Death Estate of Gary Carl Stroth v. North Lincoln County Hospital District, d/b/a Star Valley Medical Center

[¶1] This case involves a claim arising under the Wyoming Governmental Claims Act
(WGCA), Wyo. Stat. Ann. §§ 1-39-101 through -121 (LexisNexis 2009). Appellant,
Holly Stroth, as personal representative of the estate of the decedent, Gary Carl Stroth,
filed a wrongful death action against the North Lincoln County Hospital District (d/b/a
Star Valley Medical Center), the Town of T

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Patrick Michaelski and Lynda Michaelski v. John Wright, Peggy Wright, Grant Dietz, and Rebecca Dietz

Appellants, Patrick Michaelski and Lynda Michaelski, filed suit against appellees, John Wright, Peggy Wright, Grant Dietz, and Rebecca Dietz. The Michaelskis alleged the Wrights and Dietzes flooded their home on two occasions by impounding rain water on the Michaelskis’ property and diverting water from

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the Wrights’ property onto the Michaelski’s property. The jury found for

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Meera Upasani v. State Farm General Insurance Company

Meera Upasani and Mohan Upasani, policyholders of State Farm General Insurance Company and State Farm Fire and Casualty Company (collectively, State Farm), were sued for conspiring to aid a mother in abducting her son from his father. State Farm denied the Upasanis’ tender of the defense of that action because abduction claims were not covered claims under the terms of the State Farm policies. T

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Ted Maslo v. Ameriprise Auto & Home Insurance

Appellant Ted Maslo was the insured on an automobile insurance policy issued by respondent Ameriprise Auto and Home Insurance (insurer).1 After sustaining bodily injuries as a result of an accident caused by an uninsured motorist, Maslo filed a claim seeking the $250,000 limit on the policy’s uninsured motorist coverage. In response, the insurer demanded arbitration. After being awarded $164,120

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The State of California v. Bristol-Myers Squibb Co.

This proceeding arises out of a qui tam action against Bristol-Myers Squibb Co. to impose civil penalties for violation of the Insurance Fraud Prevention Act (IFPA), Insurance Code section 1871 et seq. The relators allege Bristol-Myers employed runners and cappers to induce physicians to prescribe its drugs to their patients.

The California Insurance Commissioner and related petitioners s

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Eleanor McCullen v. Coakley, Attorney General of Massachusetts

Massachusetts amended its Reproductive Health Care Facilities Act, which had been enacted in 2000 to address clashes between abortion opponents and advocates of abortion rights outside clinicswhere abortions were performed. The amended version of the Act makes it a crime to knowingly stand on a “public way or sidewalk” within 35 feet of an entrance or driveway to any “reproductive health car

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Joanne Peake v. Marviel Underwood

Joanne Peake purchased a home from Marviel and Deanna Underwood. About two years later, Peake brought an action against the Underwoods and the Underwoods'


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real estate agent, Paul Ferrell.1 Peake sought to recover damages for defendants' alleged failure to disclose defective subfloors in the home.

After the case had been pending for more than one year, Ferrell moved for t

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Michael Verdugo v. Target Corporation

At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed to address a question of state law that is potentially determinative of an appeal now pending before that federal appellate court. (Cal. Rules of Court, rule 8.548.) The question, as reformulated and narrowed to conform to the facts of the pending appeal, is whether, under California law, t

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Joshua Haver v. BNSE Railway Co.

Relying on the holding in Campbell v. Ford Motor Co. (2012) 206 Cal.App.4th 15 (Campbell), the trial court sustained a demurrer without leave to amend in a wrongful death action based on premises liability brought by the survivors of a woman who died of mesothelioma as a result of exposure to asbestos from her husband’s work clothes. The survivors argue that Campbell is distinguishable on its fa

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Hillel Chodos v. Navabeth P. Borman

An attorney, who represented a client in two divorce cases and a related Marvin1 action without a statutorily required written hourly or contingency fee agreement, sued his client for the reasonable value of the services he rendered in the three cases. The jury, using a multiplier of five to increase the attorney’s hourly rate to $5,000 per hour, awarded the attorney $7.8 million in attorney fee

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Luis M. v. The Superior Court of Los Angeles County and The People

Luis M. challenges an order that he pay the City of Lancaster (the City) over $3,800 in restitution for felony vandalism based on nine acts of defacement by graffiti. The Court of Appeal granted this minor‟s writ of mandate.

When a minor‟s actions involve graffiti, the Legislature has expanded the juvenile court‟s general authority to grant restitution. It has enacted a tailored schem

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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 blindn

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Quality Lease and Rental Holdings, LLC v. Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC

These two interlocutory appeals arise from a commercial dispute involving appellees Greta Yvette Mobley, David Michael Mobley, Texas Quality Mats, LLC, Texas Quality Gate Guard Service, LLC, and Quality Lease Air Service, LLC (collectively “Mobley”). In appellate cause number 13-14-00064-CV, appellant Quality Lease and Rental Holdings (“QLRH”) contends that the trial court erred in denying

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Robert L. & Julia T. McCullough v. Scarbrough, Medlin & Associates, Inc, et al

Robert L. McCullough2 and Julia T. McCullough appeal from the trial court’s judgment rendered on a jury verdict in favor of Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. (collectively, SMA) on SMA’s claims for breach of contract, breach of fiduciary duty, fraud, and civil theft against McCullough and their equitable claim of money had and re

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TREVOR ROBERTS and AMBER ROBERTS G. BRUCE SEWELL, ADMINISTRATOR FOR THE ESTATE OF DEVON L ROBERTS v. SAINT FRANCIS HOSPITAL INC, SHAWNA R DUNCAN DO, HEATHER RECTOR DO, BRIDGET FLAUDING DO, CLAIRE LUKEMAN DO, MICHAEL KRAMER DO, TARA PALMER DO, MACKENZIE JENKINSON DO, OKLA STATE UNIVERSITY CENTER FOR HEALTH SCIENCES, BOARD OF REGENTS FOR OKLAHOMA STATE UNIVERSITY CENTER FOR HEALTH SERVICES

TREVOR ROBERTS and AMBER ROBERTS G. BRUCE SEWELL, ADMINISTRATOR FOR THE ESTATE OF DEVON L ROBERTS v. SAINT FRANCIS HOSPITAL INC, SHAWNA R DUNCAN DO, HEATHER RECTOR DO, BRIDGET FLAUDING DO, CLAIRE LUKEMAN DO, MICHAEL KRAMER DO, TARA PALMER DO, MACKENZIE JENKINSON DO, OKLA STATE UNIVERSITY CENTER FOR HEALTH SCIENCES, BOARD OF REGENTS FOR OKLAHOMA STATE UNIVERSITY CENTER FOR HEALTH SERVICES

More...   $1 (05-27-2014 - OK)

Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital v. Jewell Hayden

In this interlocutory appeal,1 Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital appeals a trial court’s order denying its

1 See TEX. CIV. PRAC. &REM. CODE ANN. § 51.014(a)(9) (West Supp. 2013).

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motion to dismiss Jewell Hayden’s slip-and-fall claim arising out of an injury she suffered while she was assisting a patient at the hospital. The

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Mid-Continent Casualty Co. v. Circle S. Feed Store

I&W, Inc. owned a solution mining operation in Carlsbad, New Mexico. Its operations formed a cavern under its own property, which grew so large it infringed upon the subsurface property of the nearby Circle S Feed Store, LLC.

This cavern, in turn, caused subsidence and damages to Circle S’s surface property. A New Mexico state court found I&W negligent and liable for damages its solution

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Esther Kim v. Konad USA Distribution, Inc.

Following a bench trial, the court awarded plaintiff Esther Kim $60,000 against her former employer, defendant Konad USA Distribution, Inc. (Konad), and her former boss, defendant Dong Whang. Defendants appeal, citing the alleged failure of plaintiff to meet certain “jurisdictional” prerequisites (e.g., exhaustion of administrative remedies, proving Konad had five employees) in her sexual hara

More...   $0 (06-12-2014 - CA)

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