Toxic Tort Law
 
Carl E. Woodward, LLC v. Acceptance Indemnity Insurance Company

This appeal presents the final set of issues arising from claims of negligent construction of a condominium project in south Mississippi. The remaining parties are a contractor and two insurers. The district court held that a subcontractor’s Commercial General Liability (“CGL”) insurer breached its duty to defend the general contractor. Disputed on appeal are the district court’s holding t

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Dennis Lyle Akers v. D.L. White Construction, Inc.

This appeal arises from a bench trial concerning an easement and trespass dispute. David and Michelle White, and D.L. White Construction, Inc. appeal from the district court’s judgment regarding the scope and location of the Whites’ easement across Dennis and Sherrie Akers’ property and the district court’s award of compensatory and punitive damages for trespass and emotional distress. We

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Kareena MacGregor v. Douglas Walker

¶1 We are asked to decide whether a church’s creation of a help line for the benefit of its clergy gives rise to a duty to parishioners who counsel with clergy. Specifically, we are asked to determine whether, pursuant to section 323 of the Restatement (Second) of Torts, the Church of Jesus Christ of Latter-day Saints (LDS Church or Church) and its clergy voluntarily assumed a duty to aid abuse

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Robert Dingle and Janet L. Dingle v. Jacqueline C. Dellinger

Robert and Janet Dingle appeal the dismissal with prejudice of their legal malpractice claims against attorney Jacqueline Dellinger and the Millhorn Law Firm, L.L.C. We affirm in part, reverse in part, and remand.

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This suit arose out of the alleged failure of Dellinger to properly draft documents gifting property to the Dingles. According to the Dingles’ third amended complaint,

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Irina Chevaldina v. R.K./FL Management, Inc.

Irina Chevaldina appeals an order granting a preliminary injunction1 to “enjoin tortious interference, stalking, trespass and defamatory blogs” entered in favor of Raanan Katz and the other named appellees, plaintiffs in the circuit court.2 We vacate the order and injunction.

Background

Raanan Katz and RK Associates own and manage commercial properties in South Florida. Ms. Cheva

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FCCI Commercial Insurance v. James A. Armour

FCCI Commercial Insurance Company (FCCI) seeks a writ of certiorari to review the order staying its declaratory judgment action against its insured pending the resolution of an arbitration action and liability action between the insured and a third party. For the reasons explained below, we grant the petition.

Facts

The underlying arbitration and liability actions arise from James Ar

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City of Corpus Christi v. Janette Ferguson

Appellant the City of Corpus Christi challenges the trial court's denial of its plea to the jurisdiction on appellee Janette Ferguson's premises liability claims. By one issue, the City argues that the trial court erred in denying its plea to the jurisdiction based on governmental immunity because Ferguson's claims fall under the Texas Recreational

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Use Statute and, as required by t

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Paul Z. Pochron and Deborah Pochron v. Lawrence S. Oleksy

Paul Z. and Deborah Pochron appeal a take-nothing judgment rendered against them in their personal injury lawsuit against Lawrence S. Oleksy. We affirm.

BACKGROUND

This case arises out of a snowmobiling accident that occurred in upstate New York. Paul Pochron, Lawrence Oleksy, Mike Brehm, Scott Buyea, and John

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Donovan frequently operated snowmobiles together. All exce

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Paul F. Mik v. Federal Home Loan Mortgage Corporation

In May 2012, Paul F. Mik, Jr., Lee Ann Mik, and PALS Enterprises, LLC (collectively, “the Miks”) filed suit against the Federal Home Loan Mortgage Corporation (“Freddie Mac”), arguing that they were unlawfully evicted from their rental home after their landlord defaulted on her mortgage and the property was sold at a foreclosure sale. The district court granted Freddie Mac’s motion to di

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In re Roman Catholic Diocese of Albany, New York, Inc.

Michael Shovah filed suit in the United States District Court for the District of Vermont against the Diocese and its former priest, Gary Mercure, alleging that Mercure transported Shovah (when he was a minor sometime in the late 1980s2) from New York to Vermont for the purpose of sexually abusing him, and did sexually abuse him. Shovah asserted only general (not specific) jurisdiction over the Di

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Bailey, Jonathan, individually Jonathan Bailey Design, LLC v. Boka Powell, LLC

Jonathan Bailey, Jonathan Bailey Design, LLC, and Jonathan Bailey Associates International Companies, LLC, on its own behalf and in its capacity as general partner for both Jonathan Bailey Associates International and Jonathan Bailey Associates, Ltd., appeal from the trial court’s final summary judgment that they take nothing on their claims against Boka Powell, LLC. In a single issue, appellant

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Tim Pritchett v. Gold's Gym Franchising, LLC

Tim Pritchett brings this interlocutory appeal of the trial court’s order denying his special appearance in this suit for breach of a guaranty agreement brought by Gold’s Gym Franchising, LLC. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7) (West Supp. 2013). Pritchett brings two issues on appeal contending the trial court erred by denying his special appearance (1) because Gold’s Gym’s a

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Thomas, Stuart v. Carnahan Thomas, LLP, Frederick Hoelke & Roy Romo

Appellant Stuart Thomas (“Thomas”) appeals from two summary judgments entered in favor of appellees Carnahan Thomas, L.L.P., Frederick Hoelke, Roy Romo and William Peters (collectively referred to as the “Attorneys”). In two issues, Thomas contends the trial court erred in granting the Attorneys’ motions for summary judgment concerning: (1) his negligence claim and (2) his claim for brea

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Ruth Woodfork v. City of Tulsa, Oklahoma

Ruth Woodfork and the Estate of Jerard M. Drew sued the City of Tulsa, Oklahoma on a negligence wrongful governmental tort claim theories claiming:

1. Plaintiff is a resident of the State of Oklahoma.

2. The events complained of herein occurred within Tulsa County, Oklahoma. Defendant, City of Tulsa, Oklahoma is a political subdivision in Tulsa County, as defined by Title 51 0.S.

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Kenneth E. King v. Anderson County, Tennessee

This appeal arises from a negligence claim Kenneth E. King (“Mr. King” or “Plaintiff”) filed against Anderson County, Tennessee (“Anderson County”) for injuries Mr. King sustained during an altercation with another inmate while he was in custody at the Anderson County Detention Facility. The facts recited summarize 1 the proof introduced at trial.

Mr. King is a resident of Claxt

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John Coleman v. Medtronic, Inc.

Plaintiff and appellant John Coleman sued defendants and respondents Medtronic, Inc., and Medtronic Sofamor Danek USA, Inc. (collectively, Medtronic), alleging he suffered painful complications after a spinal surgery in which Infuse, Medtronic’s federally-approved bone fusion medical device, was used in an “off-label” manner. Coleman’s seven causes of action are generally based upon allega

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Offshore of the Palm Beaches, Inc. d.b.a. Freedom Boat Club v. Lisa Lynch

In this admiralty action, a boat owner, Offshore of the Palm Beaches, Inc. (“Offshore”), appeals from a district court order that permitted a lone claimant, Lisa Lynch, to pursue personal injury claims in state court after Offshore had invoked the Limitation of Liability Act (“Limitation Act”), 46 U.S.C. § 30501 (2006). Offshore argues that its forum selection should control because Lynch

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Joan Rice v. Mary Rabb

2 This case requires us to decide whether the six-year statute of limitations
3 applicable to conversion and replevin claims under ORS 12.080(4) incorporates a
4 discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The
5 Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to
6 run at the time of the wrongful taking of personal

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Federico Torrealba Navas v. Craig A. Brand

Federico Torrealba Navas, Gianna Cersosimo, and certain members of the Costa Rican law firm of Facio and Cañas (“F&C”), appeal from a non-final order

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denying their motions to dismiss for lack of jurisdiction and inconvenient forum.

We have jurisdiction pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(c). See also WEG Indus., S.A. v. Compania De Seguros Genera

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James Leonard Finley v. P. G.

This appeal arises from a suit to recover damages for sexual assault, battery, and intentional infliction of emotional distress. After a bench trial, the court

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awarded the appellee, P.G., damages for past and future mental anguish, future medical expenses, punitive damages, and prejudgment interest. Appellant James Leonard Finley challenges the propriety of these awards, arguing th

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Birim M. Blevins v. American Family Mutual Insurance Company and Janey Foust

Biri M. Blevins, Charles W. Jones, and John Busey (collectively “Plaintiffs”) appeal the judgment of the trial court dismissing their claims against Janey Foust for negligent failure to procure insurance and negligent misrepresentation and granting summary judgment in favor of American Family Mutual Insurance Co. (“American Family”) on their claim for equitable garnishment. We reverse and

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Clinton Williams v. Liberty Mutual Insurance Co.

The conflict of laws issue in this diversity case, removed from a Mississippi state court, is which state’s law, that of Mississippi or Alabama, applies to decide whether the plaintiff, a Mississippi resident injured in Mississippi while working for an Alabama resident contractor, has an action in tort for damages against the employer’s worker’s compensation insurer because of the insurer’

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Arthur L. Drager v. Pliva USA, Inc.

Appellant Arthur Drager, as personal representative of the estate of Shirley Gross, seeks reversal of the district court’s denial of Gross’s request to amend her complaint and its dismissal of her state common law tort claims against appellee PLIVA USA, Inc. for injuries sustained as a result of her use of a drug it manufactured. Drager contends on appeal that the proposed amendments were not

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Thi of New Mexico at Hobbs Center, LLC v. Lillie Mae Patton

Under New Mexico law a compulsory-arbitration provision in a contract may be unconscionable, and therefore unenforceable, if it applies only, or primarily, to claims that just one party to the contract is likely to bring. The question before us is whether the Federal Arbitration Act (FAA) preempts this state law for contracts governed by the FAA. We hold that New Mexico law is preempted in this ca

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Clyde Boyett v. Redland Insurance Company

In this diversity case, Plaintiffs-Appellants Clyde Boyett (ABoyett@) and his wife, Annie Boyett (together, Athe Boyetts@), seek to recover damages for injuries Boyett incurred in an accident. Recovery is sought against Defendant-Appellee Redland Insurance Company (ARedland@) under an insurance policy Redland issued to Boyett=s employer, Boeuf River Ventures (ABoeuf River@). The district court gra

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