Toxic Tort Law
 
Wilmington Trust Company v. Karen Anne Sullivan-Thorne

[¶1] Wilmington Trust Company (“Wilmington”) appeals from a summary judgment entered in the District Court (Lewiston, Lawrence, J.) in favor of Karen Anne Sullivan-Thorne on Wilmington’s complaint seeking a judgment of foreclosure. Wilmington argues that the District Court erred in concluding that Wilmington’s foreclosure action was barred by the doctrine of res judicata based on prior li

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Timothy Bell v. Randall Dawson

[¶1] This appeal comes to us following an incident in which then-thirteen-year-old Timothy Bell was seriously injured when he skateboarded out of Randall and Rose Dawson’s driveway and was struck on the roadway by a moving vehicle. Teresa Bell, on behalf of her son, Timothy, appeals from a summary judgment entered in the Superior Court (York County, Fritzsche, J.) in favor of the Dawsons on Bel

More...   $0 (12-10-2013 - ME)

Robert Duffy v. Town of Berwick

[¶1] Berwick Iron & Metal Recycling, Inc., appeals from a judgment entered in the Superior Court (York County, Fritzsche, J.) vacating the Berwick Planning Board’s decision to grant a conditional use and site plan permit that would allow Berwick Iron to operate a metal shredder on its property.1 Berwick Iron argues that the court erred in vacating the Planning Board’s judgment because the Boa

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Perri Frame v. Millinocket Regional Hospital

[¶1] Perri Frame appeals from a judgment entered in the Superior Court (Penobscot County, Anderson J.) dismissing her unsworn notice of claim, filed pursuant to the Maine Health Security Act (MHSA or Act), 24 M.R.S. § 2903(1)(A) (2012), on the ground that the defective notice failed to toll the applicable statute of limitations. We clarify the effect of a change in the MHSA and conclude that Fra

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Campbell County Memorial v. Jaime A. Williams Pfeifle

[¶1] Campbell County Memorial Hospital (“the hospital”) appeals from a district court order denying its motion for partial summary judgment in a medical malpractice action. The district court determined that a government hospital could be vicariously liable for acts of non-employees or independent contractors under the doctrine of ostensible agency. The district court based its ruling on this

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Jeffrey May, et al v. Ticor Title Insurance, et al.

The May Appellants1 sued the Ticor Appellees2 for breach of contract and breach of the duty of good faith and fair dealing. The claims, asserted in five cases, were predicated on a contention that the Ticor Appellees offered insufficient compensation for mineral interests that were (1) reserved by the sellers when the May Appellants purchased certain properties, and (2) not excluded from title ins

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Michael Dodd and 3D Global Solutions, Inc. v. Brian J. Savino

This is an appeal from a no-answer default judgment granted in favor of Brian J. Savino. Appellants Michael Dodd and 3D Global Solutions, Inc. present

2

the following four questions for review: (1) whether Dodd may be held individually liable under an alter ego theory of liability; (2) whether the trial court abused its discretion by denying their Craddock motion for new trial; (3) w

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James Bradley Morrison v. James Campbell

In this agreed interlocutory appeal, James Bradley Morrison appeals from the trial court’s denial of his motion for summary judgment on the claim for loss of use damages brought against him by James Campbell.1 Morrison’s vehicle 1Because this lawsuit was filed before September 1, 2011, the former civil practice and remedies code section 51.014 applies to this case rather than the amended rule;

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Nancy Geshke v. Crocs, Inc.

CROCS are odd looking shoes, known for their comfort. The plaintiff alleges that this reputation for comfort masks a hidden peril: the shoes present a heightened risk to the safety of wearers using escalators, and the manufacturer has failed to warn of this risk. The district court found these allegations unsupported and entered summary judgment accordingly. The plaintiff appeals. After careful c

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Max Taylor v. Nabors Drilling USA, LP

In this first impression case, we hold that a defective special verdict form is subject to harmless error analysis.

Max Taylor, respondent, filed an action alleging hostile work environment sexual harassment against his former employer, Nabors Drilling USA, L.P., appellant. The action was brought pursuant to the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.

More...   $0 (01-13-2014 - CA)

Romeo Mendoza v. Western Medical Center Santa Ana

A jury voted nine to three to award $238,328 to plaintiff Romeo Mendoza, who claimed he was fired in retaliation for reporting allegations of sexual harassment.

The court instructed the jury with the 2012 version of CACI No. 2430 and a special verdict form consistent therewith. Case law issued subsequent to the judgment leads us to conclude the court committed prejudicial error in doing so.

More...   $0 (01-14-2014 - CA)

Wellogix, Inc. v. Accenture, L.L.P.

Plaintiff-Appellee Wellogix, Inc. alleged that Defendant-Appellant Accenture, L.L.P, misappropriated its trade secrets. After a nine-day trial, a jury returned a unanimous verdict against Accenture, awarding Wellogix compensatory and punitive damages. After a careful review of the record, we find that there was sufficient evidence to support the jury’s verdict, and the resulting damages awards.

More...   $0 (01-15-2014 - TX)

Carla Cracchiolo v. Eastern Fisheries, Inc.

Shortly after midnight on January 28, 2011, Giuseppe Cracchiolo fell and drowned after slipping from an obviously hazardous place on a pier at a New Bedford fishery while attempting to return to the commercial fishing boat on which he was working. His wife Carla Cracchiolo, acting individually and as administratrix of the estate, sued defendants RCP Realty and Eastern Fisheries, Inc. for damages

More...   $0 (01-15-2014 - MA)

Robert Deleon v. Kalamazoo County Road Commission

Robert Deleon (“Deleon”) appeals the dismissal of certain of his claims from the district court’s grant of summary judgment in Defendants’ favor. The district court granted Defendants’ motion on the basis that Deleon did not suffer an “adverse employment action.” Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise to sus

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Brian Anthony Martinez v. Bloomberg, L.P.

21 Plaintiff-Appellant Brian Anthony Martinez (“Martinez”) appeals from a
22 judgment of the United States District Court for the Southern District of New
23 York (Furman, J.), dismissing his complaint for improper venue under Rule
24 12(b)(3) of the Federal Rules of Civil Procedure. Martinez brought this action
25 against his former employer, Bloomberg LP (“Bloomberg”), a

More...   $0 (01-14-2014 - NY)

Angel Sanchez v. United States of America

Plaintiff Angel Sanchez, a widower and the executor of his wife's estate, sued his wife's doctors for medical malpractice. As it turned out, those doctors were federal employees, against whom claims are forever barred unless brought within the two-year limitations period Congress allowed under the Federal Tort Claims Act ("FTCA"), as opposed to the three-year period allowed by Massachusetts law fo

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Kevin Blue and Lisa Blue v. Hawkeye Custom Concrete, Inc.

Kevin Blue and Lisa Blue sued Hawkeye Custom Concrete, Inc. on breach of contract, breach of warranty, and negligence theories claiming:

1. Plaintiffs, Kevin Blue and Lisa Blue, husband and wife, are individuals residing in Tulsa County, Oklahoma, and are owners of certain real property and improvements, which are the subject of this action.

2. Defendant, Hawkeye Custom Concrete,

More...   $1 (12-02-2013 - OK)

Russell Davis v. Sharon Lynn Austin

Russell Davis sued Sharon Lynn Austin on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Austin.


I.

Sharon Austin is without sufficient information to admit or deny the allegation conned in Paragraph 1 of Plaintiff’s Petition and demands strict proof thereof.

II.

Sharon Austin admits the al

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Liz Reardon and Robert Reardon v. Space Jump of Oklahoma, LLC and Owasso Public Schools

Liz Reardon and Robert Reardon sued Space Jump of Oklahoma, LLC and Owasso Public Schools on negligence and governmental tort claim theories under 51 O.S. 151, et seq. claiming:

1. Robbie isa (13) year old minor who is a student of Defendant, School District;

2. Space Jump is an Oklahoma limited liability company,

3. School district is located partly in Tulsa County and partly

More...   $10000 (12-03-2013 - OK)

Debra Lashaway and Phillip Kaplan v. JustMugshots.com

Debra Lashaway and Phillip Kaplan sued JustMugshots.com, FindMugshots.com, Mugshotsonline.com, and JustMugshots.com on tort theories claiming the refusal to take down mugshoots taken of them when they were arrested on cases that were dropped by the arresting authorities without compensation was tortious. They claimed that charging for removing the mugshoots constituted extortion.

More...   $7500 (01-10-2014 - OK)

Via Christi Medical Center, Inc. v. Ivan M. Reed

Ivan Reed received life-saving medical treatment at Via Christi Regional Medical Center, Inc. (Via Christi), after his car collided with a Union Pacific Railroad train. Via Christi filed a hospital lien under K.S.A. 65-406 et seq. to collect on its bill for the services provided Reed. The lien initially purported to encumber $84,744.11 of Reed's $540,000 settlement with Union Pacific; Via Christi

More...   $0 (12-20-2013 - KS)

Christine Winter v. Novartis Pharmaceuticals Corp.

Ruth Baldwin developed osteonecrosis of the jaw (ONJ) after two of her teeth were extracted. She sued, alleging Novartis Pharmaceuticals Corporation negligently failed to provide adequate warnings for two drugs she took, Aredia and Zometa. After a jury trial, Baldwin, by her executor, received $225,000 in compensatory damages, plus certain costs. Novartis appeals, arguing the district court: (1) i

More...   $0 (01-09-2014 - MO)

Mustapha Hassan Younes v. Officer Christopher Pellerito

Plaintiff Mustafa Younes brought this civil rights action under 42 U.S.C. § 1983 alleging violations of his constitutional rights and raising Michigan state law claims. The alleged violations occurred during his arrest by defendants Officer Timothy Ciochon, Officer Christopher Pellerito, and Sergeant Joanne

1

No. 13-1103 Younes v. Pellerito, et al. Page 2

Beedle-Peer (collect

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Rebecca Loyd, John Loyd and Victoria Howard v. City of Tulsa



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Rebecca Loyd, John Loyd and Victoria Howard sued the City of Tulsa on auto negligenc

More...   $20000 (12-10-2013 - OK)

Jeremy C. Myers v. Brain Koopman

Jeremy Myers challenges the district court’s dismissal of his § 1983 maliciousprosecution claim alleging violations of his Fourth and Fourteenth Amendment rights. In his complaint, he asserted that Detective Brian Koopman obtained an arrest warrant by fabricating facts to create the illusion of probable cause. As a result, Myers spent three days in custody.

Exercising jurisdiction under

More...   $0 (01-08-2014 - CO)

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