Toxic Tort Law
 
Bobbi Klutschkowski v. Peacehealth

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b

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Tommy Slayton v. Bond Painting Corporation

Tommy Slayton sued Bond Painting Corporation on a wrongful termination theory claiming:

1. Plaintiff Tommy Slayton, is a resident of Rogers County, State of Oklahoma*..

2. Defendant, Bond Painting Corporation, is a Domestic For Profit Business Corporation organized under the laws of the State of Oklahoma and regularly conducting business in Tulsa County, State of Oklahoma.

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Christian Serino v. Alec Hensley and City of Oakland City, Indiana

In September 2008, Oakland City Chief of Police Alec Hensley arrested Christian Serino for trespass and resisting law enforcement. The charges were eventually dropped. In March 2012, Serino filed suit against Hensley and Oakland City in federal district court. He alleged that Hensley violated his constitutional rights and committed multiple state‐law torts. The district court dis2

No. 13

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Randy Cohen v. American Security Insurance Company

Home-mortgage lenders often require the borrower to maintain hazard insurance on the mortgaged

2 No. 11-3422

property to protect the lender’s interest in the collateral. If the borrower fails to keep the property insured, the lender has the option to secure the insurance itself and pass the cost on to the borrower.

In this proposed class action, Martha Schilke alleges that W

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Reed Elsevier, Inc. v. Craig Crockett

Craig Crockett’s law firm signed an adhesion contract with LexisNexis that contained an arbitration clause. Eventually the parties had a billing dispute. The arbitration clause provided that any arbitration with respect to

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No. 12-3574 Elsevier, Inc. v. Crockett, et al. Page 2

LexisNexis’s charges must occur in the city where LexisNexis is located. That provision and othe

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Bjorn Myklatun v. Flotek Industries, Inc.

Plaintiff Bjorn Myklatun and his company, Plaintiff Oil Innovation, brought claims of tortious interference, fraud, and civil conspiracy against the four Defendants involved in this appeal: Chemical Equipment and Specialties, Inc. (CESI); its parent company, Flotek Industries; Flotek president Todd Sanner; and former Flotek CEO Jerry Dumas.1

The district court granted partial summary judgme

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George M. Roberts v. International Business Machines Corporation

George Roberts says IBM fired him because of his age. He insists an instant messaging conversation between two of the company’s human resources managers proves as much. The topic of that conversation was Mr. Roberts’s possible inclusion in a “Resource Action.” Less euphemistically, the pair were discussing whether to eliminate Mr. Roberts’s position on the ground that he didn’t have en

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Irene Hutcheson v. City of Tulsa

Irene Hutcheson sued the City of Tulsa on an auto negligence governmental tort claim theory claiming:

I

Plaintiff alleges that she is a citizen and resident of the state of Oklahoma and city of Tulsa; that Defendant City of Tulsa is a municipal corporation having its sims of government situated in Tulsa County, Oklahoma; that the event herein identified occurred within the municipal

More...   $6339 (11-01-2013 - OK)

Sylvia Douglas v. KPH Consolidation, Inc. d/b/a Kingwood Medical Center

In this medical-negligence case, appellant Sylvia Douglas challenges the summary judgment granted to defendant KPH Consolidation, Inc. on limitations grounds. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On February 29, 2012, Douglas sued Kingwood Medical Center, Ltd. (“the

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Limited Partnership”) and other defendants for medical negligence in connection with the

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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 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) whether the trial

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Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

In this attorney malpractice case, the plaintiffs are an individual, Mark A. D‘Andrea, M.D., and various business entities of which D‘Andrea is the self-described ―de facto owner.‖ We refer to the business entities collectively as ―Gulf

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Coast.‖ The defendants, attorney Stephen R. Cochell and the law firm of Epstein, Becker, Green, Wickliff & Hall, P.C. (collectively,

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Robert D. Proctor v. Costco Wholesale Corporation

¶1 Robert Proctor appeals from the unfavorable result in his negligence suit against Costco Wholesale Corporation. Specifically, Proctor asserts that the trial court improperly granted a partial directed verdict in favor of Costco on two of his allegations of negligence and abused its discretion when it declined to reinstate one of the two allegations after Costco elicited testimony on the issue

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Joshua N. Thomas v. Officers Tim Gavin, Chuck Tygart, Jess Bernhard and Adam Olson

While attending North Liberty Fun Days in 2007, the plaintiff alleges he was wrongfully assaulted and arrested by officers of the North Liberty Police Department and deputies of the Johnson County Sheriff’s Office. He filed suit against the City of North Liberty, Johnson County, and the officers and deputies involved. The district court dismissed his case, finding the defendants were entitled to

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Aruna G. Shah v. Intermountain Healthcare, Inc.

¶1 Aruna G. Shah and Ghanshyam B. Shah appeal the trial court’s denial of their motion for leave to amend their complaint against Intermountain Healthcare, Inc. (LDS Hospital), Dr. Kelly Myers, Dr. Thomas D. Bauman, Dr. George E. Thomsen, Dr. James Zebrack, and Dr. David S. Feuer (collectively, the Defendants). We affirm.

BACKGROUND

¶2 The Shahs were involved in an automobile acc

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Anne Pfeifer v. John Crane, Inc.

William and Anne Pfeifer asserted claims for negligence, strict liability, and loss of consortium against John Crane, Inc. (JCI), alleging that its asbestos-laden products caused William Pfeifer’s mesothelioma. During the trial, the court rejected JCI’s proffered instructions regarding its “sophisticated user” defense, and directed a verdict on the defense. After the jury returned a verdic

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Michael V. Pishko, Individually and in his official capacity, N.K. Anand, Individually and in his official capacity, and Texas A&M University v. Dr. Lale Yurttas

Lale Yurttas originally sued the Texas A&M University System, Texas A&M University, and two of its employees, Michael V. Pishko and N.K. Anand, in their official and individual capacities. She asserted a discrimination claim under Texas Labor Code section 21.051 and a defamation claim. In her first amended petition, Yurttas omitted the Texas A&M University System as a defendant. Pishko v. Yurttas

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Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.

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Raymond Snodgrass, Jr. v. Hillcrest Baptist Medical Center

The trial court rendered a take-nothing summary judgment in favor of appellees Hillcrest Baptist Medical Center1 and Hill-Rom Company, Inc. Through five issues,

1 The plaintiffs asserted a health care liability claim against Hillcrest Baptist Medical Center and its following employees: nurse manager Susan Moore and nurses

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appellants Raymond Snodgrass, Jr., et al., to whom we

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Hemphill Corporation v. Air X Hemphill, L.L.C.. et al.

Hemphill Corporation sued Air X Hemphill, LLC; Air X Group; Air X Limited, Inc., Eads & Associates of Oklahoma, Pendleton Company, AXH Air Coolers, LLC, Ken Jones, Dave Watkins, Rick Grapengater, Billy Hammer, Nick Breese, Sr. and James Pendleton declaratory judgment and breach of contract theories.

The Pre-Trial Ordered (121 pages in length) entered by the Court before trial provided in pa

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Alvin Walker v. R.J. Reynolds Tobacco Company

We sua sponte vacate and reconsider our original opinion in this matter. We substitute the following opinion for our original opinion.

This appeal by R.J. Reynolds Tobacco Company of money judgments in favor of the survivors of two smokers requires us to decide whether a decision of the Supreme Court of Florida in an earlier class action is entitled to full faith and credit in federal cou

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Brenda Lund, in her individual capacity, and Kristin Alrick, in her individual capacity v. Eric and Ruth Giauque, Individually and as Next Friend of H.G., N.G., M.G., C.G., and B.G., minor children

Appellants Brenda Lund and Kristin Alrick appeal from the trial court’s order denying their motion to dismiss, which raised the statutory right to dismissal conferred by civil practice and remedies code section 101.106(f). Tex. Civ. Prac. & Rem. Code Ann. § 101.106(f) (West 2011). We reverse the trial court’s order

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and render judgment dismissing Appellees’ claims against Lun

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Esther Anderson, Principal of Benson & Anderson, P.C. v. Meggin McCormick a/k/a Meghan McCormick, Administratrix of the Estate of Marilyn R. McCormick a/k/a Marahlyn R. McCormick, Deceased

This is a consolidated appeal of an award of attorney’s fees in two related cases. Both cases arose out of a boating accident in which Marilyn McCormick was killed, her minor son, G.M.M., was injured but survived, and the driver of the boat, James Pitcock, also survived. In the aftermath of the accident, litigation arose regarding the guardianship of G.M.M. and the administration of McCormick’

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Vicky High v. City of Broken Arrow

Vicky High sued the City of Broken Arrow, Barney Campbell and Kenneth Snow on auto negligence and respondeat superior theories claiming:

I.

On November 30, 2011, Plaintiff, Vicky High, was a passenger in a motor vehicle driven by Kenneth Snow that was traveling westbound on Tucson Street approaching the intersection with Elm Place. Barney Campbell was driving a vehicle southbound

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Christy L. Kellerhals v. This Land Press, LLC

Christy L. Kellerhals sued This Land Press, LLC, Keena B. Roberts, Joshua Kline, Michael Mason and Vince Lovoi on invasion of privacy (publication of private facts), slander and libel per se, intentional infliction of emotional distress and unauthorized use of another person's right of publicity theories claiming:

1. Plaintiff, Christy L. Kellerhals, is an individual who resides in Tulsa

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William Romine v. St. Joseph Health System d/b/a Saint Joseph-Mt. Sterling

Plaintiff-Appellant, William Romine, appeals the district court’s grant of Defendant-Appellee’s motion for summary judgment. As a result of an unsatisfactory experience in Defendant’s emergency room, Romine brought this action pursuant to the Emergency Medical Treatment and Active Labor Act (“EMTALA”), 42 U.S.C. §1395dd. The district court granted Defendant’s motion for summary judgme

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