Toxic Tort Law
 
Dan Alcutt v. Adams Family Food Services, Inc. dba McDonald's Restaurant

2 Plaintiff, after suffering injuries while working at defendant's McDonald's
3 restaurant, filed a workers' compensation claim that was ultimately denied on the ground
4 that, due to preexisting degenerative disc disease, plaintiff's work activities were not the
5 major contributing cause of his disability or need for treatment. See ORS
6 656.005(7)(a)(B); ORS 656.266. Subsequentl

More...   $0 (10-09-2013 - OR)

Irene Tillman v. Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital

Appellant Irene Tillman sued her employer, appellee Memorial Hermann Hospital System d/b/a Memorial Hermann Southwest Hospital, for injuries she allegedly received while attempting to x-ray a patient. The trial court dismissed the case on the hospital’s motion because Tillman did not serve the hospital with an expert report as required under the Texas Medical Liability Act (TMLA). See generally

More...   $0 (10-01-2013 - TX)

Getfugu, Inc. v. Patton Boggs, L.L.P.

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order granting a special motion to strike (Code Civ. Proc., § 425.16) filed by defendants and respondents Patton Boggs LLP (Patton), Richard J. Oparil (Oparil), Cummins and White LLP (Cummins) and Iman Reza (Reza) (collectively, the Attorney Defendants).1 2
<

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Dwight Meddock v. County of Yolo

A Fremont cottonwood tree fell on plaintiff Dwight Meddock while he was in a paved parking lot located in a park along the Sacramento River owned by defendant County of Yolo (County). The trial court granted summary judgment against Meddock and his wife (collectively, Meddock) in their tort suit alleging a dangerous condition of public property, by applying a statutory immunity for injuries “cau

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Ann M. Morrical v. Jesse Rogers

Siblings Michael (Mike) McGraw, John McGraw and Ann Morrical are co-equal shareholders of a group of family corporations.1 Disputes between the siblings over the management of these corporations led to conflicts and litigation. Mike and John (collectively the Brothers) then entered into a series of transactions with an outside management company and, over the objection of their sister, voted to re

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Charles Sheffer v. Buffalo Run Casino, PTE, Inc.

¶0 Charles Sheffer, Jennifer Sheffer, and their minor son, J.S., were injured when their 18-wheeler tractor trailer collided with a rental vehicle leased to William Garris and driven by David Billups, both employees of Carolina Forge Company, L.L.C. Plaintiffs sued Carolina Forge on theories of respondeat superior and negligent entrustment. They also sued the Buffalo Run Casino, the Peoria Tribe

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Shaun Russell v. City of Moore, Oklahoma

Shaun Russell sued City of Moore, Oklahoma and Officer Justin Eikel on auto negligence theories claiming:

1. That the Plaintiff, Shaun Russell, resides within Oklahoma County, State of Oklahoma.

2. That the Defendant, City of Moore, Oklahoma, is an Oklahoma Municipality, within the State of Oklahoma and Defendant John Eikel is believed to be a resident of Oklahoma County, State of Ok

More...   $1 (10-09-2013 - OK)

The Methodist Hospital (Individually and as Successor to the Methodist Hospital Care System, a/k/a The Methodist Hospital System),TMH Physician Organization and The Methodist Hospital Research Institute v. Anthony J. Halat, M.D.

Appellants, The Methodist Hospital System, The Methodist Hospital, The Methodist Hospital Physician Organization, and The Methodist Hospital Research

2

Institute,1 appeal the trial court’s order denying their motion to dismiss for failure to serve an expert report in favor of appellee, Dr. Anthony J. Halat. Methodist Hospital argues the trial court abused its discretion when it den

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Warren Whisenhunt v. Matthew Lippincott and Creg Parks

Warren Whisenhunt sued Matthew Lippincott and Creg Parks for defamation, tortious interference with existing business relationships, tortious interference with prospective business relationships, and civil conspiracy. Lippincott and Parks sought dismissal of these claims pursuant to the recently-enacted Texas Citizens Participation Act (TCPA), also known as the Anti-SLAPP1 statute, which is contai

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Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA”) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,” and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta

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Raymond C. McArdle v. Town of Dracut

Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of McAr

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Adel Hassan Hamad v. Robert M. Gates

Adel Hassan Hamad was detained at Guantanamo Bay as an enemy combatant. He seeks damages for his detention and his treatment from former Secretary of Defense Robert Gates and numerous other military and civilian officials. We conclude, however, that 28 U.S.C. § 2241(e)(2) deprived the district court of subject-matter jurisdiction over Hamad’s claims.

I

Hamad, a citizen of Sudan, a

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Colin Bower v. Egyptair Airlines Company

This appeal stems from an international parental kidnapping perpetrated by defendant Mirvat El-Nady. Plaintiff-appellant in this case, Colin Bower, is El-Nady's former husband. In August 2009, El-Nady acted in violation of a court order when she drove the former couple's two minor children to New York City, where they boarded an EgyptAir Airlines Company ("EgyptAir") flight to Cairo, Egypt. This p

More...   $0 (10-08-2013 - MA)

Mark E. Schaefer v. Indymac Mortgage Services

Plaintiff Mark E. Schaefer appeals from the decision of the United States District Court for the District of New Hampshire dismissing his suit against defendants IndyMac Mortgage Services; OneWest Bank, FSB; the Federal National Mortgage Association (“Fannie Mae”); and Harmon Law Offices, P.C. (“Harmon”). Schaefer’s complaint sought an injunction barring his impending eviction; an order

More...   $0 (10-02-2013 - NH)

Boston Avenue Realty, Inc. v. JSJK Investments, Inc.

Boston Avenue Realty, Inc. sued JSJK Investments, Inc. on a breach of contract theory claiming:

1) The Plaintiff is an Oklahoma Limited Liability Company, with principal offices located in Tulsa County, State of Oklahoma.

2) Defendant JSJK Holdings, Inc. (JSJK) is an Oklahoma corporation with principal offices in Tulsa County.

3) Defendants John and Susan Malmquist are husband

More...   $0 (10-01-2013 - OK)

Haleigh Janee McBride v. Estis Well Service, L.L.C.

The principal question presented by this case is whether seamen may recover punitive damages for their employer’s willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. Answering in the affirmative, we REVERSE and REMAND for further proceedings.

FACTS AND PROCEEDINGS

The consolidated cases arise out of an accident aboard Estis Rig 23, a barge

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Timothy Michael Frazin v. Haynes & Boone, L.L.P.

Timothy Frazin appeals the judgment of the district court affirming the final judgment entered by the bankruptcy court on certain state-law counterclaims that Frazin filed against the Appellees, attorneys who were authorized by the bankruptcy court to represent Frazin in a separate lawsuit. Frazin argues that the bankruptcy court lacked the authority to enter a final judgment on these claims in li

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Estate of Lois Francis v. St. John Medical Center, Inc.

The Estate of Lois Francis sued St. John Medical Center, Inc. on a medical negligence theory claiming:

1. Plaintiff, Lois Francis, is a citizen and resident of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant, St. John Medical Center, Inc., was at the time in question, and is currently, a business entity operating in Tulsa, Tulsa County, State of Oklahoma.

Jurisdiction

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Stanley Kolbe v. BAC Home Loans Servicing, L.P.

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover

More...   $0 (09-27-2013 - MA)

Oncor Electric Delivery Company, LLC v. Marco Murillo

In this personal injury lawsuit, appellant Oncor Electric Delivery Company, LLC (“Oncor”) appeals a judgment rendered on a jury verdict against it and in favor of appellee Marco Murillo, an employee of Leo Gomez d/b/a AAA Demolishing (“AAA”). Murillo sustained serious personal injuries from

2

electrocution while he worked for AAA at a demolition site in Dallas. The jury f

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GEICO General Insurance Company v. William Pruitt

The litigation underlying this appeal spans six years and three lower court cases. In 2006, appellees Edelmida and Paulino Rodriguez sued Oswaldo St. Blanchard for injuries allegedly resulting from an automobile accident. GEICO, as Mr. St. Blanchard’s insurer, defended the suit but ultimately issued a reservation of rights based on his alleged misrepresentations regarding his eyesight. Upon Mr.

More...   $0 (09-25-2013 - FL)

Oswaldo Enrique Tobar v.

Patrolling in international waters, the United States Coast Guard suspected the crew of an Ecuadorian fishing boat of illicit activities. With the authorization of Ecuadorian authorities, the Coast Guard boarded the boat, searched for drugs, and towed the boat to Ecuador. The Ecuadorian crew, who are Plaintiffs here, allege that agents of Defendant United States harmed Plaintiffs and their propert

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Corporate Technologies, Inc. v. Brian Harnett

Businesses commonly try to protect their good will by asking key employees to sign agreements that prohibit them from soliciting existing customers for a reasonable period of time after joining a rival firm. When a valid non-solicitation covenant is in place and an employee departs for greener pastures, the employer ordinarily has the right to enforce the covenant according to its tenor. That rig

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Charles Thompson v. Chrysler Group, LLC

Charles Thompson and Estate of Lincoln Ogle sued Chrysler Group, LLC, Bob Moore Dodge Chrysler Jeep, LLC, Hypertech, Inc., Dorel Juvenile Group, Inc. dba Cosco Home and Office Products and David M. Ogle on wrongful death theories claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. §2004(F).

2. Plaintiff, Plaintiffs decedent, and the sole heirs of Plaintiffs deced

More...   $0 (09-23-2013 - OK)

Pacific Shores Properties, LLC v. City of Newport Beach

Prior to 2008, “group homes”—i.e., homes in which recovering alcoholics and drug users live communally and mutually support each other’s recovery—were generally permitted to locate in residential zones in the City of Newport Beach (“the City”) and they did so freely.1 By 2008, a number of residents of the City launched a campaign to restrict or eliminate group homes in their neighbor

More...   $0 (09-20-2013 - CA)

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