Toxic Tort Law
 
Chester Rouse v. Grand River Dam Authority and Daniel S. Sullivan

¶1 On February 25, 2013, Chester Rouse filed a wrongful termination suit against the Grand River Dam Authority (GRDA) and Daniel S. Sullivan. The petition alleged GRDA and Mr. Sullivan terminated Mr. Rouse on February 17, 2012, in retaliation for filing an overtime complaint under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 through § 219. Retaliation for filing such a complaint is forb

More...   $0 (05-20-2014 - OK)

Kris McKee and Kwinsi McKee v. Norman Public Schools

Kris McKee and Kwinsi McKee v. Norman Public Schools and Angela Mendoza

Issue # 1.
Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed by: MCKEE, KRIS
Filed Date: 07/05/2012
Party Name: Disposition Information:


Disposed: DISMISSED - WITH PREJUDICE, 05/22/2014. Dismissed- Settled.

1. Plaintiffs, Kris McKee and Kwinsi McKee, and their minor son, M.M., are r

More...   $6500 (05-22-2014 - FL)

Alice Anderton v. Norman Regional Hospital, Michael Villano, M.D. and Jeffrey A. Crook, M.D.

Alice Anderton v. Norman Regional Hospital, Michael Villano, M.D. and Jeffrey A. Crook, M.D.

Issue # 1. Issue: MEDICAL NEGLIGENCE (MEDNEG) Filed by: Anderton, Alice Filed Date: 05/30/2012 Party Name: Disposition Information: Defendant: Villano, Michael MD Disposed: JUDGEMENT FOR DEFENDANT, 02/27/2014. Judge. Defendant: Crook, Jeffrey A MD Pending. Defendant: Norman Regional

More...   $0 (05-15-2014 - OK)

Joseph Piccinini v. California Emergency Management Agency

Appellant Joseph Piccinini was offered and accepted employment as a deputy chief in the California Emergency Management Agency. The Friday night before he was to report for work, he was told not to come because the position for which he was hired had been eliminated. He incurred expenses in reliance on his appointment and sued for damages. The State’s demurrers to Piccinini’s complaints were s

More...   $0 (05-27-2014 - CA)

Conchita Franco Serri v. Santa Clara University

Plaintiff and appellant Conchita Franco Serri brought this action against her former employer (defendant and respondent Santa Clara University (the University)) and other individually named defendants after the University terminated her employment. Serri had worked as the University’s Director of Affirmative Action since 1992. The University terminated her employment in 2007 because she failed t

More...   $0 (05-28-2014 - CA)

Ruth Rosenfeld v. Abraham Joshua Heschel Day School, Inc.

In this age discrimination case, plaintiff and appellant Ruth Rosenfeld (Rosenfeld) appeals a judgment following a defense verdict in favor of her former employer, defendant and respondent Abraham Joshua Heschel Day School, Inc. (Heschel). Rosenfeld alleged Heschel repeatedly reduced her teaching hours “in an effort to force her out of her position because of her age.” Heschel attributed the r

More...   $0 (05-28-2014 - CA)

Samuel Duran v. U.S. Bank National Association

We encounter here an exceedingly rare beast: a wage and hour class action that proceeded through trial to verdict. Loan officers for U.S. Bank National Association (USB) sued for unpaid overtime, claiming they had been misclassified as exempt employees under the outside salesperson exemption. (Lab. Code, § 1171.) This exemption applies to employees who spend more than 50 percent of the workday en

More...   $0 (05-29-2014 - CA)

King Fuels, Inc v. Babar H. Hashim and Lee Oil Co., Inc.

In three issues, appellant King Fuels, Inc. argues that the trial court erred in calculating its damages, including attorneys’ fees, for breach of a fuel supply agreement. We hold that the court correctly calculated each category of damages requested at trial. We also conclude that the record supports the trial court’s implied findings that the breach induced by appellee Lee Oil Co., Inc. did

More...   $0 (05-29-2014 - TX)

Texas Department of Public Safety v. Merardo Bonilla

The Texas Department of Public Safety (DPS) challenges the trial court’s denial of its immunity-based plea to the jurisdiction and summary judgment motions. For the reasons that follow, we affirm.

FACTUAL SUMMARY

This case concerns a traffic accident that occurred in El Paso on February 19, 2010, when Trooper Cesar Cruz ran a red light while pursuing a speeder and struck a vehicle

More...   $0 (05-30-2014 - TX)

Barbara Soules Young v. Robert and Hollie Krantz

Appellants Barbara Soules Young (“Young”) and Amy Ganci (“Ganci”) appeal from the trial court’s denial of their motion to dismiss. In a single issue, appellants contend the trial court should have granted their motion to dismiss pursuant to chapter 27 of the Texas civil practice and remedies code, the Texas Citizens Participation Act (“TCPA”). For the reasons expressed in this opinio

More...   $0 (05-28-2014 - TX)

Dallas Area Rapid Transit v. David Morris

Appellee David Morris was injured when he fell while riding on a bus operated by appellant Dallas Area Rapid Transit (“DART”). Morris sued DART alleging that his injuries were caused by the negligent operation of the bus. After a jury trial, the trial court rendered judgment for Morris based on the jury’s verdict. In four issues, DART asserts the trial court erred by (1) including in the jur

More...   $0 (05-29-2014 - TX)

Richard Brumfield v. Texas Department of Transportation

Appellant Richard Brumfield appeals the trial court’s order granting the motion for summary judgment and plea to the jurisdiction of Appellee Texas Department of Transportation (TxDOT). We will affirm.

In late June and early July 2010, TxDOT performed a “mill and overlay” to repair cracks in the northbound service road near the entrance ramp to SH 360.

1See Tex. R. App. P. 47.4

More...   $0 (05-29-2014 - TX)

Keely Rae Johnson Fuentes v. Mary L. Tillett

2 This consolidated appeal involves interrelated judgments in two separate
3 actions concerning a conservatorship for Allison Fuentes. The first action, the
4 conservatorship proceeding, was commenced in 1999 in the probate court after the death
5 of Allison's mother; Allison's aunt, Mary Tillett, was appointed conservator and guardian
6 ad litem for Allison. In 2008, Allison's sis

More...   $0 (05-21-2014 - OR)

David Schmidt v. David Slader

2 In this legal malpractice case, plaintiff challenges the trial court's grant of
3 summary judgment in favor of defendant, David Slader, the attorney who represented
4 plaintiff in his child sex abuse case against the Archdiocese of Portland and Mt. Angel
Abbey.1 5 In that case, defendant alleged that the Archdiocese was vicariously liable for
6 acts of abuse by a priest. The Arch

More...   $0 (05-29-2014 - OR)

Darrell Cannon v. Jon Burge, former Chicago Police Lieutenant

This appeal casts a harsh light on some of the darkest corners of life in Chicago. The plaintiff, at the time of the events giving rise to this suit, was a general in the El Rukn street gang, out on parole for a murder conviction, when he became embroiled in a second murder. Among the defendants are several disgraced police officers, including the infamous Jon Burge, a man whose name evokes shame

More...   $0 (05-28-2014 - IL)

Johnny Robertson v. Lee Lucas

Plaintiffs-appellants Johnny Robertson, Nolan Lovett, Arrico Spires, Charles Matthews, Marlon Brooks, and Tyron Brown appeal the district court’s grant of summary judgment to defendants-appellees Lee Lucas, Robert Cross, Thomas Verhiley, Jamaal Ansari, Chuck Metcalf, Matt Mayer, and Larry Faith, and the district court’s dismissal of appellants’ claims against Richland County and the City of

More...   $0 (05-28-2014 - OH)

Rhonda G. Miller v. U.S. Bank, N.A.

Following the 2011 foreclosure on her home, plaintiff Rhonda Mills filed this suit against defendants U.S. Bank, N.A. ("U.S. Bank"), OneWest Bank, F.S.B. ("OneWest"), and Mortgage Electronic Registration Systems, Inc. ("MERS"), raising a potpourri of challenges to OneWest's authority to foreclose on her property. On appeal from the district court's dismissal of her suit for failure to state a clai

More...   $0 (05-27-2014 - MA)

Richard Feingold v. John Hancock Life Insurance Company (USA)

Richard Feingold sued John Hancock Life Insurance Company and John Hancock Life & Health Insurance Company (collectively, "Hancock") in a putative class action for damages said to arise from Hancock's adherence to contractual terms requiring that Hancock be given notice of the death of its insureds before death benefits are paid out to beneficiaries. Specifically, Hancock is said to have an obliga

More...   $0 (05-27-2014 - MA)

Plumhoff v. Richard

Donald Rickard led police officers on a high-speed car chase that cameto a temporary halt when Rickard spun out into a parking lot. Rickard resumed maneuvering his car, and as he continued to use the accelerator even though his bumper was flush against a patrol car, anofficer fired three shots into Rickard’s car. Rickard managed to drive away, almost hitting an officer in the process. Officers f

More...   $0 (05-27-2014 - DC)

Michigan v. Bay Mills Indian Community

The State of Michigan, petitioner, entered into a compact with respondent Bay Mills Indian Community pursuant to the Indian Gaming Regulatory Act (IGRA). See 25 U. S. C. §2710(d)(1)(C). The compact authorizes Bay Mills to conduct class III gaming activities (i.e., to operate a casino) on Indian lands located within the State’s borders, but prohibits it from doing so outside that territory. Bay

More...   $0 (05-27-2014 - DC)

PAK Foods Houston, LLC v. Marissa Garcia, Individually and as Next Friend of S.L.,, a Minor

PAK Foods Houston, LLC brings this interlocutory appeal from the trial court’s order denying its motion to compel arbitration pursuant to the Federal Arbitration Act (FAA). See Tex. Civ. Prac. & Rem. Code § 51.016 (providing that matters subject to the FAA may be appealed under the same circumstances that an appeal from a federal court order is permitted by 9 U.S.C. § 16). PAK Foods argues the

More...   $0 (05-22-2014 - TX)

Enriqueta Castillo v. Mizpah Residential Care d/b/a La Familia Adult Day Care

Plaintiffs, Mario Alberto Castillo and Enriqueta Castillo, filed this suit against defendants, Mizpah Residential Care d/b/a La Familia Adult Day Care (“Mizpah”) and

2

Refugia L. Barrera, after plaintiffs were injured in a collision that occurred between two automobiles in Harlingen, Texas on November 11, 2009. At the time of the collision, plaintiffs were clients of Mizpah, a pr

More...   $0 (05-22-2014 - TX)

Texas Department of Transportation v. Teresa Renee Abila Lopez

This case arises from a vehicle accident in which a motorist struck and killed a tow-truck driver who was working to upright a Budget Rental moving truck. The truck rolled over and was in the median of Interstate Highway 20 at the time of the accident.

Appellees Teresa Renee Abila Lopez, individually and as next friend of Gabriella Jolie Abila Lopez, a minor child; Rachel Lopez, individuall

More...   $0 (05-22-2014 - TX)

Columbia Medical Center of Denton Subsidiary, LP; Columbia Medical Center of Denton Subsidiary, LP d/b/a Denton Regional Medical Center; Columbia North Texas Subsidiary GP, LLC; and Denton Regional Medical Center v. Wanda Braudrick

This is an interlocutory appeal from an order denying a motion to dismiss for failure to file an expert report pursuant to the Texas Medical Liability Act (TMLA). See Tex. Civ. Prac. & Rem. Code Ann. §§ 74.001–.507 (West 2011 & Supp. 2013). In one issue, Appellants Columbia Medical Center of Denton Subsidiary, L.P.; Columbia Medical Center of Denton Subsidiary, L.P. d/b/a Denton Regional Medic

More...   $0 (05-22-2014 - CA)

BNSF Railway Company v. James E. Phillips

Upon consideration of Appellant BNSF Railway Company’s motions for rehearing and reconsideration en banc, Appellee James E. Phillips’s response, and BNSF’s reply, this court denies the motion for reconsideration en banc in a separate order today, and we deny the motion for rehearing. However, we withdraw our prior opinions and judgment of August 1, 2013 and substitute the following.

More...   $1901000 (05-22-2014 - TX)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher