Toxic Tort Law
 
PAMELA SUE HOOK vs. TITO TREVINO, Individually, and TITO TREVINO d/b/a TREVINO LAW OFFICES

This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively

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Dallas Kent v. Derek Moon Thompson

Dallas Kent and Cindy Jenkins Kent, husband and wife and as parents and next of kin to Joseph Newton Jenkins Kent, decased, sued Derek Moon Thompson, William Charles Birdshead and Helmerich & Payne, Inc. on auto negligence wrongful death theories claiming:

1. Plaintiffs are and were at all relevant times residents of Blackwell, Kay County, Oklahoma.

2. Defendant Derek Moon Thompson (

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Charles Daves v. City of Sand Springs

Charles Daves and Laurita Daves sued City of Sand Springs on a governmental tort claim negligence theory under 51 O.S. 151, et seq. claiming:

1. The plaintiffs are husband and wife who reside at ioi8 N. McKinley, City of Sand Springs, County of Tulsa County, and State of Oklahoma.

2. The defendant is a municipal corporation located in Tulsa County, State of Oklahoma.

3.

More...   $1 (11-13-2013 - OK)

Mariea Anna Stevens v. Asplundh Tree Expert Co.

Mariea Anna Stevens sued Asplundh Tree Expert Co. on a negligence wrongful death theory claiming:

1. That during all times complained of herein, Anna Stevens was a resident of Tulsa County, State of Oklahoma. That prior to his death, Marshall Stevens was a resident of Tulsa County, State of Oklahoma and the Probate of his case is filed in Tulsa County. That during all times complained of

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R.J. Reynolds Tobacco Company v. Carolyn Hiott

Appellant R.J. Reynolds Tobacco Company (Reynolds) appeals a Final Judgment awarding damages to Appellee Carolyn Hiott, Personal Representative of the Estate of Kenneth Hiott (Hiott). Reynolds asserts three grounds of reversible error: 1) the trial court erred in admitting evidence that Reynolds successfully challenged new proposed tobacco warnings in federal court; 2) the trial court erred in den

More...   $730000 (01-03-2014 - FL)

Jorge L. Vaaquez v. Franklin Management Real Estate Fund, Inc.

Appellant Jorge L. Vasquez contends the trial court abused its discretion in sustaining respondent Franklin Management Real Estate Fund, Inc.’s demurrers to appellant’s claims for constructive discharge in violation of public policy and intentional infliction of emotional distress. The trial court found appellant’s allegation that respondent violated the Labor Code by assigning appellant tas

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Keith Lilley v. JP Morgan Chase

¶1 Keith and Sharon Lilley (Plaintiffs) appeal from the district court’s order dismissing their breach of contract and negligence causes of action against Defendant Blake Ingram. We affirm.

Lilley v. JP Morgan Chase

20120625-CA 2 2013 UT App 285

¶2 “When reviewing a 12(b)(6) motion [to dismiss], we recite the facts in a light most favorable to the non-moving party . . .

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Alexander Graham-Sult v. Nicholas P. Clainos

Plaintiffs Alexander Graham-Sult and David Graham appeal the district court’s disposition of: (1) a motion to dismiss; (2) a special motion to strike under California’s anti- SLAPP statute; and (3) related attorney’s fees awards.

GRAHAM-SULT V. CLAINOS 5

We affirm the disposition of the motion to strike in part and reverse in part. Striking Plaintiffs’ conversion and unjust e

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Flora Dolnikov v. Dikran Ekizian

We hold in this appeal that conduct can constitute actionable interference with the use and enjoyment of an easement even when the conduct does not physically obstruct the servitude. The easement in question is for ingress and egress to undeveloped lots in the Hollywood Hills. Plaintiff Flora Dolnikov, owner of the dominant tenement, was interrupted during her construction of two residences by def

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Ricky D. Ross v. William Leonard Roberts II

Plaintiff and appellant Ricky D. Ross is a former criminal who achieved some sort of celebrity status due, in part, to the enormous scale of his cocaine-dealing operations. Defendant and respondent William Leonard Roberts II is a famous rap musician who goes by the name “Rick Ross.” His lyrics frequently include fictional accounts of selling cocaine. Plaintiff sued Roberts and other defendants

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Sonic-Calabasas A, Inc. v. Frank Moreno

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), we held as a categorical rule that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature to assist employees in recovering wages owed. We further held that our rule

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Rosalind Wells v. Fine Airport Parking, Inc.

Rosalind Wells sued Fine Airport Parking, Inc. on a personal injury tort theory. The claims made are not available.

Fine Airport Parking appeared and answered as follows:

1. It is admitted that Plaintiff’s claim arises from an incident of January
12, 2010 in Tulsa County, but all other material allegations contained therein are
denied and this Defendant demands strict

More...   $1 (12-23-2013 - OK)

Werner Heldenmuth v. Paul Groll

A claimant harmed by a breach of an escrow agreement can pursue damages against an escrow agent for breach of contract, but damages for civil theft require more than proof of noncompliance with the escrow agreement. In the context of escrow agreements, damages for civil theft require allegations of knowing and intentional wrongful conduct. In this appeal, we address whether the trial court properl

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Jade P. Schiewe and Zachary Pfaff v. Cessna Aircraft Company, Spartan Aviation Industries, Inc., Kelly Aerospace Turbine Rotables, Inc. and Eaton Corporation

Jade P. Schiewe and Zachary Pfaff sued Cessna Aircraft Company, Spartan Aviation Industries, Inc., Kelly Aerospace Turbine Rotables, Inc. and Eaton Corporation claiming:

Issue # 1.
Issue: PRODUCT LIABILITY (OTHER)
Filed by: SCHIEWE, JADE P
Filed Date: 08/29/2011
Party Name: Disposition Information:

Defendant: CESSNA AIRCRAFT COMPANY
Disposed: TRANSFERRE

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Anil Vazirani v. Mark V. Heitz

Anil Vazirani is an independent insurance agent, also known as a producer, who contracts with insurance companies to sell life-insurance and annuity products. He owns and manages Vazirani & Associates Financial, LLC and Secured Financial Solutions, LLC. We will refer to both him and his businesses as Vazirani. Vazirani contracted with Aviva Life and Annuity Company, a provider of life-insurance an

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Jeremy C. Myers v. Brian 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

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Stacy Graham v. Sheriff of Logan County

Two prison guards had sexual intercourse with Stacey Graham while she was in solitary confinement at the Logan County Jail in Oklahoma. The guards confessed and were fired immediately. Ms. Graham then sought damages in a civil-rights complaint under 42 U.S.C. § 1983 against the two guards and the county sheriff. She alleged a violation of the Eighth Amendment prohibition against cruel and unusual

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Florafax International, Inc. v. GTE Market Resources, Inc.

We consider the appropriateness of a jury award of lost profits over a two year time period in favor of appellee/counter-appellant, Florafax International, Inc. against appellant/counter-appellee, GTE Market Resources, Inc., for breaching a contract requiring GTE to provide telecommunication and/or telemarketing services for Florafax. The profits were those Florafax claimed it stood to make from a

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MBM Financial Corporation v. The Woodlands Operating Company, L.P.

Since Jarndyce v. Jarndyce,1 there have been charges that some cases benefit the lawyers more than the clients. But suits cannot be maintained solely for the attorney's fees; a client must gain something before attorney's fees can be awarded. While making losing parties bear their own attorney's fees may add injury to insult, the American Rule has long been that each party pays its own lawyers.

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Erin Brown v. Grace Smith

In this case, we must examine the nature of a nominal damages award, and whether there is a maximum limitation on the dollar amount that can be considered nominal damages. We do so in the context of a claim that appellants and cross-appellees Erin and Norma Brown trespassed on property owned by Grace and Viola Smith, appellees and cross-appellants, by traveling over a farm lane to access a public

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Health Carll of Detroit d/b/a Jadells, Inc. v. Atrium Home & Health Care Services, Inc.

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of

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In Re: Standard Jury Instructions - Contract and Business Cases

This matter is before the Court upon the report, recommendation and proposal of the Supreme Court Committee on Standard Jury Instructions— Contract and Business Cases and a printed book of instructions prepared by the Committee for use when appropriate in civil cases. We have jurisdiction. See art. V, § 2(a), Fla. Const. This Court generally approves the theory and technique of instructing juri

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Willis D. McWilliams v. Housing Authority of the City of Tulsa

Willis D. McWilliams sued the Housing Authority of the City of Tulsa and The City of Tulsa on governmental tort claim negligence theories claiming:

Plainfiff was arrested for possession of stolen property and held in jail 28 days before being released. Plaintiff alleged that the criminal charges and time in jail were a result of Defendant’s illegal entry on three occasions into Plainti

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Dennis Wilbert v. Michael Gene Glazier

Dennis Wilbert and Susan Wilbert sued Michael Gene Glazier on a tort theory.

The Pre-Trial Order in this case provided in part:

* * *

On February 7th 2009, the Defendant came upon the Plaintiffs’ property and attempted to
extort money from the Plaintiffs for fencing, to which the Plaintiffs did not agree, after which the
Defendant threatened to do bodily harm a

More...   $0 (12-15-2013 - OK)

David and Brenda Brown v. American National Property & Casualty Company

David and Brenda Brown sued American National Property & Casualty Company, BSH Home Appliances aka Bosch, Estate of Charles R. Neely and Tile by Toby, Inc. on bad faith insurer liability and other tort theories.

More...   $1 (12-15-2013 - OK)

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