Toxic Tort Law
 
Paul Damon v. City of Kansas City, Missouri

Paul Damon ("Damon") and Natalia Olinetchouk ("Olinetchouk"), on behalf of themselves and others similarly situated, appeal the trial court's dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold th

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Sally Boland v. Saint Luke's Health System, Inc.

This appeal arises from five separate wrongful death lawsuits all filed against the same three corporate defendants. The cases have been consolidated on appeal from the grant of judgments on the pleadings in favor of Respondents in each case.1 The legal issue in each case is identical: whether the trial courts erred in granting Respondents' motions for judgment on the pleadings, finding that the t

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James Taylor Sparks v. Elizabeth Anne Sparks

Elizabeth Anne Sparks (Wife) appeals the trial court‟s judgment dissolving her marriage to James T. Sparks (Husband). Wife raises nine points of error on appeal related to the distribution of marital assets and the award of maintenance. Finding no error, we affirm the judgment of the trial court, as amended by this opinion.

Factual and Procedural Background1

Husband and Wife marrie

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Sikhs for Justice v. Parkash Singh Badal

This appeal presents a single issue, which is whether the defendant was served with process; yet the case could be the basis for a novel of international intrigue. Sikhism is an Indian religion. Most Sikhs live in the northwestern Indian state of Punjab. The state’s highest official is its Chief Minister. Parkash Singh Badal, the defendant

2 No. 13‐2316

in this case—a Sikh of c

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The Estate of C.A. v. Paul Castro

C.A., a high school student, drowned in 2008 after a pool-based science experiment. The Estate of C.A., and Vincent and Celestina Agwuoke, individually and on behalf of the heirs of C.A. (collectively, “the Agwuokes”) sued the school district and school employees under 42 U.S.C. § 1983 for violation of C.A.’s Fourteenth Amendment right to life. After granting the school employees summary ju

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Tammy Lou Fontenot v. Taser International, Inc.

Darryl Wayne Turner, age seventeen, died from cardiac arrest after a confrontation with police in which he was struck in the chest by electrical current emitted from a device commonly known as a “taser,” manufactured by TASER International, Inc. (TI). The police officer who discharged the taser aimed the device at Turner’s chest based on training provided by the Charlotte Mecklenburg Police

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Tina Cuff v. Grossmont Union High School District

Plaintiff Tina Cuff appeals from a judgment entered in favor of defendants Grossmont Union High School District (Grossmont) and Susan Saunders after the trial court granted summary judgment in favor of the defendants.

2

Cuff filed this action against Grossmont and Saunders after Saunders prepared a written report of suspected child abuse pursuant to provisions of the Child Abuse and

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Irma Moncada v. West Coast Quaqrtz Corp.

This case involves a dispute between former employees of a company and the company’s sole shareholders over a promised retirement bonus that was never paid.

Plaintiffs, Irma Moncada, Randy Morris and Everardo Serrano, worked for West Coast Quartz Corporation (West Coast). Defendants Paul Maloney and Nancy Tkalcevic were the owners and sole shareholders of West Coast. Defendants were prepa

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Alma Rosa Galindo v. Thomas Snoddy

Alma Rosa Galindo’s brother was charged with a driving-while-intoxicated offense, and he was in need of a bond to be released from jail. Galindo and her husband, Brad Murphy, provided the $1,500.00 paid to Willie Alexander as a bail-bond fee to act as the surety for Galindo’s brother. Galindo’s brother signed the bond as the principal, and neither Galindo nor Murphy acted as a surety. Appare

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I-nnovate Technology v. YoungSoft, Inc.

Appellant Innovate Technology Solutions, L.P. appeals the trial court’s adverse summary judgment and adverse directed verdict on its counterclaims against appellee Youngsoft, Inc. In two issues, Innovate argues the trial court erred by concluding its claims were barred by a limitation of liability provision contained in the parties’ agreement and that the evidence was insufficient to support t

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Tisha L. Smith v. City of Sand Springs

Tisha L. Smith sued the City of Sand Springs on a premises liability theory under the Governmental Tort Claim Statute, 51 O.S. 151, et al. claiming:

1. Plaintiff is resident of Wagoner, Wagoner County, Oklahoma.

2. Defendant City of Sand Springs, Oklahoma is a municipality within the State of Oklahoma.

3. The accident complained of herein occurred on the 1 jth day of June, 201

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Joshua Carrenthers v. City of Oklahoma City

Joshua Carrethers, a minor, by and through his mother and next friend, Wendy Carrethers sued City of Oklahoma City d/b/a Taylor Community Recreation Center on a premises liability theory under Oklahoma's Governmental Tort Claims Act claiming:

1. At all times herein relevant, Plaintiffs were residents of Oklahoma County, Oklahoma.

2. At all times herein relevant Defendant was a go

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Apple, Inc. v. Samsung Electronics Co., Ltd.

Apple Inc. appeals from an order of the U.S. District Court for the Northern District of California denying Apple’s request for a permanent injunction against Samsung Electronics Company, Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”). See Apple Inc. v. Samsung Elecs. Co., 909 F. Supp. 2d 1147 (N.D. Cal. 2012) (“Injunction Ord

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Glenn Gunter v. Farmers Insurance Company

After a flood caused damage to their home, Glenn and Lisa Gunter filed claims under their Standard Flood Insurance Policy (SFIP) with Farmers Insurance Company Inc. and their supplemental policy with American Security Insurance Company. Farmers promptly paid the amount claimed in the Gunters' timely filed proof of loss.

When their home was later condemned as uninhabitable, the Gunters sue

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Maria Nicole Durden v. United States of America

On December 13, 2009, U.S. Army Specialist Aaron Pernell unlawfully entered the home of Maria Durden while inebriated and raped Durden in front of her children. Durden subsequently sued the government pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b), alleging that the Army was negligent and therefore is liable for the sexual assault against her. The government moved to dismiss

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Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court’s grant of summary judgment to the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,

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Cooter Austin v. Emergency Medical Services Authority and Paramedics Plus, LLC

Cooter Austin sued the Emergency Medical Services Authority and Paramedics Plus, LLC on wrongful termination theories claiming:

1. Plaintiff Cooter Austin is a resident of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant Emergency Medical Services Authority, more commonly referred to as “EMSA”, is a public trust authority of the City of Oklahoma City government, Oklahoma Coun

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In the Matter of the Estate of Yoko Perry, Deceased. C. P., an adult individual, Appellant, v. GABE BERNSTEIN, Personal Representative of the Estate of

2 Plaintiff appeals a general judgment in three consolidated cases and a
3 supplemental judgment for attorney fees and costs entered in favor of the personal
4 representative of the estate of plaintiff's father, Brian Perry, and the personal
5 representative of the estate of his father's wife, Yoko Perry. Plaintiff filed a claim against
6 both estates and a separate tort claim agai

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Shealeen Hillerson v. Bismarck Public Schools and Mandan Parks and Recreation, and Missouri Valley Family Young Men's Christian Association

[¶1] Shealeen Hillerson, as "best friend" to T.D., a minor child, and T.D. appealed from a summary judgment dismissing their negligence lawsuit against the Missouri Valley Family YMCA for injuries T.D. suffered in a near-drowning accident while participating in a YMCA summer program. Because we conclude that the waiver of liability signed by T.D.'s mother is ambiguous, a question of fact exists a

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Danuser v. IDA Marketing Corp.,

[¶1] James Leach, IDA Marketing Corporation, and IDA of Moorhead Corporation appeal from a judgment holding them jointly and severally liable to Reed Danuser in the amount of $692,671.78 for claims involving Danuser's termination as president and chief executive officer of the corporations and Leach's breach of a fiduciary duty to Danuser and requiring IDA Moorhead to pay Danuser $130,727.99 for

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Michael Wallace v. Claire Wallace

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and “surreptitiously open[ed] multiple credit cards in [his]

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United States Department of Justice v. JPMorgan

he Justice Department, along with federal and state partners, today announced a $13 billion settlement with JPMorgan - the largest settlement with a single entity in American history - to resolve federal and state civil claims arising out of the packaging, marketing, sale and issuance of residential mortgage-backed securities (RMBS) by JPMorgan, Bear Stearns and Washington Mutual prior to Jan. 1,

More...   $13000000000 (11-19-2013 - NY)

Bucksaw Resort, L.L.C. v. Eugene Williams

Eugene Mehrtens (“Broker”) appeals the circuit court‟s judgment following a jury verdict in favor of Bucksaw Resort, LLC (“Bucksaw”) on Bucksaw‟s negligent failure to procure insurance claim. Broker raises four points on appeal. In his first two points on appeal, Broker argues that the circuit court erred in denying his motions for directed verdict and motion for judgment notwithstandi

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United States of America v. Vicki Dillard Crowe, a/k/a Vicki R. Dillard

Defendant Vicki Dillard Crowe was convicted by a jury of eight counts of mail fraud, in violation of 18 U.S.C. §§ 1341 and 2, and eight counts of wire fraud, in violation of 18 U.S.C. §§ 1343 and 2, for her participation in a mortgage fraud scheme. The district court sentenced Crowe to a term of imprisonment of sixty months and ordered her to make restitution in the amount of $2,408,142.37.

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D.T. v. Catholic Docese of Kansas City-St. Joseph

The question presented in this appeal is whether the supervisory hierarchy of a religious organization is to be treated differently under the law when it knows that sexual predator-related harm is certain or substantially certain to occur to child parishioners by a member of the clergy it supervises, but in one instance the harm happens to be perpetrated on church property, and in the other instan

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AK Morlan
Kent Morlan, Esq.
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