Toxic Tort Law
 
Marvin B. Graham v. Bank of America, N.A.

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr

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Tammy Gong v. City of Rosemead

Appellants Tammy Gong (“Gong”) and L&G Rosemead Garden LLC (“L&G”) (Gong and L&G are jointly referred to as “appellants”) seek to impose liability on the City of Rosemead (the “City”) for the alleged tortious conduct of John Tran (“Tran”), a former member of its City Council and former mayor of the City. Appellants allege that while L&G’s proposed real estate project was proc

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Frank Pyrtle, III v. Ashanti Johnson Pyrtle

In the trial court below, appellee Ashanti Johnson Turner1 sought “enforcement” of an agreed final decree of divorce respecting her and appellant Frank Pyrtle, III. The trial court granted, in part, the relief requested by Turner. In five issues on appeal, Pyrtle challenges the portions of the trial court’s order (1) awarding Turner a money judgment in the amount of $88,400 plus interest for

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The City of Houston v. Mary McGowen

This interlocutory appeal arises from the trial court’s denial of the City of Houston’s plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(8) (allowing an appeal from an interlocutory order denying a plea to the jurisdiction by a governmental unit). Because timely formal notice of the claim was not provided and the City had no actual notice, the trial court erred in denying

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Digital Music News, LLC v. Superior Court of Los Angeles County, Escape Media Group, LLC, Real Party in Interest

Escape Media Group (Escape) operates an Internet service called Grooveshark through which users may upload and retrieve digital music files. UMG Recordings, Inc. owns an extensive music catalog that includes songs by such artists as Buddy Holly, The Jackson 5, Marvin Gaye, and The Who. In 2010, UMG sued Escape in the Supreme Court of the State of New York, alleging Escape infringed on copyrights a

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Francine I. Katz v. Anheuser-Busch

Francise Katz sued Anheuser-Busch on am employment discrimination theory claiming that she did not receive equal pay for equal work while employed by the Defendant company as a staff attorney from 1998 until 2009.

St. Louis City Circuit Court docket entries for this case:

05/16/2014 Trial Minutes Filed
Cause called again. Parties and jury appear again. Jury trial resum

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Sara Lesende and Victor Lesende v. Police Officer Arnold Borrero

This matter requires application of well-settled legal doctrines to an unusual set of facts. As detailed below, Sara Lesende (“Lesende”) and her husband, Victor Lesende, brought suit against the City of Newark (“the City”) and Police Officer Arnold Borrero. Following a five-day trial, a jury found that both Officer Borrero and the City were liable and awarded Lesende $2,700,000 in compensa

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Pablo Morales v. City of New York

30 Plaintiff Pablo Morales appeals from a judgment of the United States
31 District Court for the Southern District of New York (Crotty, J.), dismissing
32 his Second Amended Complaint against the City of New York, the New York
33 City Police Department (“NYPD”), and four individual State and Federal law
3
1 enforcement officials. Morales brought this action against the ind

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Denise Green v. City and County of San Francisco

Plaintiff-Appellant Denise Green appeals from the district court’s judgment granting summary judgment to Defendants- Appellees dismissing her § 1983 and state law claims for wrongful detention, false arrest, and excessive force. Green’s suit arose out of a vehicular stop performed by Sergeant Ja Han Kim of the San Francisco Police Department (“SFPD”) after the SFPD’s Automatic License P

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Roy Eckhardt v. Qualitest Pharmaceuticals, et al.

The plaintiff, Roy Eckhardt,1 appeals the judgment of the district court dismissing his claims again Wyeth and Schwarz Pharma (together, the “Brand Defendants”) under Rule 12(b)(6) and granting summary judgment to

1 Although both Roy and Yolanda Eckhardt are plaintiffs in this case, this opinion will treat Roy Eckhardt as the sole plaintiff because all of the claims before us arise ou

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Reginald Walker v. Captial Assets, Inc. d/b/a Lincoln Green Partners, LLC and The City of Oklahoma City

Reginald Walker v. Captial Assets, Inc. d/b/a Lincoln Green Partners, LLC and The City of Oklahoma City

Issue # 1.
Issue: TORT- PERSONAL (TORTP)
Filed by: Walker, Reginald
Filed Date: 08/31/2012
Party Name: Disposition Information:

Defendant: Capital Assets, Inc.
Disposed: SUMMARY JUDGEMENT ENTERED- DEFENDANT, 03/06/2014. Judge.

Defendant: The

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Eric Dennis Sykora v. State Department of State Hospitals

Failure to follow the requirements of the Government Tort Claims Act often bars a plaintiff from filing an action against a state agency. (Gov. Code, § 900 et seq.) But not always. The Act recognizes that in certain cases an inflexible application of its requirements produces an unjust result for which relief is available. The instant case is an example. We hold the timely filing and apparent acc

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The People v. Hakimullah Sarppas

Hakimullah Sarpas and Zulmai Nazarzai operated a scheme by which they promised customers they would obtain loan modifications from lenders and prevent foreclosure of the customers’ homes. They operated this scheme through their jointly owned company, Statewide Financial Group, Inc. (SFGI), which did business as US Homeowners Assistance (USHA). Sharon Fasela1 was, among other things, the office m

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Altavion, Inc. v. KOnia Minolta Systems Laboratory, Inc.

Trade secret protection “ ‘promotes the sharing of knowledge, and the efficient operation of industry,’ ” by “ ‘permit[ting] the individual inventor to reap the rewards of his labor by contracting with a company large enough to develop and exploit it.’ [Citation.]” (DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 878 (DVD Copy Control).) Trade secret law allows the in

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The University of Texas Health Science Center at Houston v. Teresa McQueen and Clarence McQueen, Jr.

In this health care liability case, appellant the University of Texas Health Science Center at Houston (“UTHSCH”) challenges on interlocutory appeal the trial court’s denial of its plea to the jurisdiction based on sovereign immunity in favor of appellees Teresa McQueen and Clarence McQueen. Concluding that the trial court erred when it denied UTHSCH’s plea to the jurisdiction, we reverse

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JUAN JESUS CANTU AND MARIA YOLANDA CANTU v. ZAR-MAT PROPERTIES, A TEXAS GENERAL PARTNERSHIP, JOSE RUBEN MATA AND ZARAGOSA HINOJOSA JR.

Appellants, Juan Jesus Cantu and Maria Yolanda Cantu, complain in this appeal of a November 30, 2009 order granting summary judgment in favor of appellees, Zar-Mat

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Properties, a Texas General Partnership, Jose Ruben Mata, and Zaragosa Hinojosa, Jr. (collectively Zar-Mat), on the Cantus’ claims that Zar-Mat violated the Truth in Lending Act (TILA) by failing to provide them with t

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Enogex Holdings, LLC, et al. v. Chart Energy and Chemicals, Inc., et al.

ENOGEX HOLDINGS LLC,
Plaintiff, and
ENOGEX LLC,
Plaintiff, and
ENOGEX GATHERING & PROCESSING LLC,
Plaintiff, and
ENOGEX PRODUCTS LLC,
Plaintiff,
v.
CHART ENERGY AND CHENICALS INC,
Defendant, and
CHART INDUSTRIES INC,
Defendant, and
PRO QUIP CORPORATION
Defendant, and
LI

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Nerium International, LLC v. Sunny Kum Sun and Rium, LLC

Appellant Nerium International, LLC appeals the trial court’s order granting appellees’ Sunny Kum Sun and Rium, LLC’s special appearance. In three issues, Nerium contends the trial court erred in concluding it lacked jurisdiction over appellees because (1) appellees entered into a contract with a Texas resident that was performable in whole or in part in Texas, (2) the contract contained a f

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Nagakrishna Reddy, M.D.; and New Braunfels Ob/Gyn, P.A. v. Haley Hebner and Darrin Charles Scott, Individually and as Next Friends of R. M. S., a Minor

Haley Hebner and Darrin Scott sued Nagakrishna Reddy, M.D., and others alleging that the treatment that Hebner received resulted in the death of her infant daughter, R.M.S. In addition, Hebner and Scott also brought vicarious liability claims against the medical association that Dr. Reddy belonged to, New Braunfels Ob/Gyn, P.A. (the Association). A few months after Hebner and Scott filed their sui

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The City of Houston v. Edmund L. Cogburn

In this personal injury case, the City of Houston appealed the trial court’s denial of its plea to the jurisdiction based on governmental immunity. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). On original submission, we affirmed the trial court’s order on the basis that appellee Edmund

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L. Cogburn had sufficiently pleaded a special defect. The City has

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United States of America v. Martha Hebert

MARTHA HEBERT, age 64, a resident of Kenner, Louisiana, was sentenced today to two years’ probation and fined $10,000 by U.S. District Judge Eldon E. Fallon after having pleaded guilty in January to a one count felony bill of information charging her with misprision of a felony, announced the U.S. Attorney Kenneth Allen Polite, Jr.

In addition to probation and her fine, HEBERT voluntarily

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Maureen Desaulles v. Community Hospital of the Monterey Peninsula

Dismissal of a civil complaint is said to be voluntary when requested by the plaintiff and involuntary when ordered by the court. A dismissal may be partial, as in this case, where plaintiff Maureen deSaulles (Employee) agreed to dismiss two of her seven causes of action with prejudice in exchange for a payment of $23,500 from defendant Community Hospital of the Monterey Peninsula (Employer). A ci

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Susan Meek, M.D. v. Rockne Onstad Individually and d/b/a The Onstad Law Firm and Joyce Stamp Lilly Individually and d/b/a Joyce Stamp Lilly, RN, JDPC

This case arises out of a dispute between two lawyers over attorney’s fees. In the trial court the plaintiff recovered in quantum meruit against one of two defendants, but was awarded no attorney’s fees for bringing that claim. Both the plaintiff and the defendant against whom judgment was rendered have appealed. W e conclude that the evidence is legally sufficient to support the jury’s find

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Tanglewood Homes Association, Inc. v. Stewart A. Feldman, Marla B. Feldman, and Miichael T. Kelly, Trustee

These consolidated appeals arise out of a protracted dispute between Stewart and Marla Feldman and Tanglewood Homes Association, Inc. over the Feldmans’ desire to expand their home. When the Association rejected the Feldmans’ expansion plans as a violation of the Tanglewood Deed Restrictions, the Feldmans filed suit. Michael T. Kelly, the trustee for a trust that owned the adjacent lot, interv

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Philip L. Biron v. City of Redding

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

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of Redding (City), alleging inverse condemnation and danger

More...   $0 (04-30-2014 - CA)

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