Toxic Tort Law
 
Home First, Inc. v. Mid Continent Casualty Company

Home First, Inc. sued Mid Continent Casualty Company on a breach of contract theory claiming:

1. Plaintiff is an Oklahoma corporation with its principal place of business in Cleveland County, Norman, Oklahoma.

2. Defendant Mid-Continent is an Oklahoma company in the business of underwriting, selling and administering commercial general liability insurance (“CGL”) policies to

More...   $0 (09-16-2013 - OK)

American Home Assurance Co., Inc. v. John Robert Sebo

John Sebo purchased property insurance for his home in Naples, Florida, from American Home Assurance Company (AHAC). After the home was substantially damaged by rain and a hurricane, AHAC denied Sebo’s claim for the damages based on several coverage exclusions. Sebo filed a declaratory action seeking coverage and a jury found in his favor. The circuit court entered a judgment for more than $8,00

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Mid-Continent Insurance Company v. Red River Roofing & Construction, Inc.

Mid-Continent Insurance Company v. Red River Roofing & Construction, Inc., Structall Building Systems, Inc. and ABC Supply, Inc. on professional negligence theories claiming:

I.

That the Plaintiff, Mid-Century Insurance Company, is an insurance carrier with its principal place of business in California.

II.

That the Defendant, Red River Roofing & Construction, Inc., is

More...   $0 (09-14-2013 - OK)

William M. Bishop and Pinnacle Potash International, Ltd v. E. Barger Miller, III and Reunion Potash Company

These cross appeals concern the alleged misappropriation of trade secrets relating to a process for mining potash in a particular area of Utah. In its appeal, Reunion Potash Company contends that the evidence is legally insufficient to sustain the jury’s finding that it misappropriated trade secrets belonging to William E. Bishop and Pinnacle Potash International, Ltd. In their cross appeal, Bis

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Gary Jones and Carolyn Jones v. Pesak Brothers Construction, Inc.

When their newly-constructed house showed signs of foundation distress, Gary and Carolyn Jones sued their builder, Pesak Brothers Construction Company (Pesak Brothers), for breach of a construction contract, express and implied warranties, negligent construction of the home, and for violations of the Texas

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Deceptive Trade Practices Act. After a jury trial on the Joneses’ claims,

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Kimbley Harold v. Matthew M. Carrick; Carolyn M. Berg, Doan Nguyen, David Chafey

In this appeal, we consider whether section 101.106(f) of the Texas Tort Claims Act1 violates the “open courts” provision of the Texas Constitution.2 We

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1 That section provides:

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also consider whether the Texas Supreme Court’s opinion in Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) violates the “takings”3 and “due process”4 pr

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Alvin Walker v. R.J. Reynolds Tobacco Company

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 court. Florida smokers and their survivors filed in state court a class action against the major tobacco companies that manufacture cigarettes in t

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Matthew R. Reagor v. Catherine M. Baylock

Matthew R. Reagor sued Catherine M. Baylock and Progressive Direct Insurance Company on a tort theory.

The claims made and defenses asserted are not available.

More...   $1 (09-07-2013 - OK)

Estate of Jonnie Mae Myers v. J.P. Morgan Chase Bank, NA

The Estate of Jonnie Mae Myers sued J.P. Morgan Chase Bank, NA on a fraud theory.

The Pre-Trial Order entered by the Court in this case provided, in part, as follows:

* * *

In early 2006, Plaintiff Jonnie Myers (“Plaintiff’) hired Defendant William J. A*ton (“Anton”) to represent her regarding injuries sustained in an automobile accident. During the course of and

More...   $1 (09-06-2013 - OK)

Troma Entertainment, Inc. v. Lance H. Robbins

The subject of this appeal is the reach of New York Stateʹs long‐arm statute in the context of alleged infringement of intellectual property. At issue is section 302(a)(3)(ii) of the New York Civil Practice Law and Rules, and in particular its requirement that the allegedly tortious conduct of the individual over whom personal jurisdiction is asserted under that section ʺcaus[ed] injury to per

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Delbert Ingram v. Hashib D. Faruque, M.D.

Plaintiff-Appellant Delbert Ingram appeals from a district court’s dismissal of his claims against Defendants-Appellees (“Defendants”). Mr. Ingram sued Defendants- Appellees—Dr. Hashib D. Faruque, Dr. Yan Feng, Donna Delise, Kyle Inhofe, Lt. Michael Stevenson, and Captain Tim Collins1— claiming that Defendants had violated his rights under the Fourth and Fifth Amendments of the U.S. Cons

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ECCO Plains, LLC v. United States of America

The Federal Depository Insurance Corporation (FDIC), while acting as receiver1 of the New Frontier Bank (the Bank), used proceeds from the sale of cattle belonging to a limited liability company (LLC) to pay down a loan of one of the two LLC members. According to the complaint, the FDIC had no authority to do so because the payment was contrary to the members’ agreement. Ignoring the separate en

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John Harrison v. The University of Texas Health Science Center at Houston

Appellant, John Harrison, challenges the trial court’s order granting the plea to the jurisdiction of appellee, University of Texas Health Science Center at Houston (“UTHSCH”), in his suit against UTHSCH and others for medical

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malpractice. In his sole issue, Harrison contends that the trial court erred in granting UTHSCH’s plea and denying him the opportunity to replead

More...   $0 (08-29-2013 - TX)

Ilight Technologies, Inc. v. Clutch City Sports & Entertainment, LP

Clutch City Sports & Entertainment Inc. (“Clutch City”) sued iLight Technologies, Inc. (“iLight”) for strict liability manufacturing defect and for negligence. A jury found iLight liable under these theories and determined that Clutch City had incurred damages in excess of $2.5 million. iLight appeals the trial court’s judgment rendered on the jury’s verdict. Raising three issues, iLig

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Steven Kelley Richardson v. SV Almeda I Limited Partnership

Appellants Steven Kelly Richardson, Michelle Richardson, and Richard Day sued appellee SV Almeda I Limited Partnership, asserting various causes of action related to their alleged constructive eviction from an apartment. Almeda

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counterclaimed for accelerated rent, repayment of rental concessions, and attorney’s fees. The trial court granted summary judgment in Almeda’s favor, r

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Houstoun, Woodard, Eason, Gentle, Tomforde and Anderson, Inc. d/b/a Insurance Alliance v. Escalante's Comida Fina, Inc.

Escalante’s Comida Fina, Inc. sued its former insurance agent, Houstoun, Woodard, Eason, Gentle, Tomforde and Anderson, Inc., d/b/a Insurance Alliance (“Insurance Alliance” or “Alliance”) alleging violations of the Deceptive Trade

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Practices Act1 (DTPA) and the Texas Insurance Code by making misrepresentations and failing to disclose information concerning its policy and t

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Christus Health Gulf Coast v. Linda G. Carswell

Linda G. Carswell sued CHRISTUS Health Gulf Coast (as an entity, d/b/a CHRISTUS St. Catherine Hospital and formerly d/b/a CHRISTUS St. Joseph

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Hospital) (“Christus”) for negligence after her husband, Jerry Carswell, died at CHRISTUS St. Catherine Hospital (“St. Catherine”) in January 2004. Carswell also asserted claims for post-mortem fraud, breach of fiduciary duty, and neg

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Linda Kubert v. Kyle Best

Plaintiffs Linda and David Kubert were grievously injured by an eighteen-year-old driver who was texting while driving and crossed the center-line of the road. Their claims for compensation from the young driver have been settled and are no longer part of this lawsuit. Plaintiffs appeal the trial court's dismissal of their claims against the driver's seventeen-year-old friend who was texting the d

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Shaheen Zameer v. The City of Chicago

¶ 1 Summary judgment in defendant’s favor was affirmed where there was insufficient evidence of either actual or constructive notice to the city of the height difference in the sidewalk prior to the plaintiff’s fall.

¶ 2 The trial court granted defendant’s motion for summary judgment. On appeal, plaintiff contends that summary judgment should be vacated because there was sufficient

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MOrton Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman

¶ 1 This is a legal malpractice case based on an underlying cause of action for a violation of the Illinois Securities Law of 1953 (Illinois Securities Law) (815 ILCS 5/1 et seq. (West 2010)). Plaintiffs Morton and Adrienne Goldfine brought a legal malpractice action against defendants, the law firm of Barack, Ferrazzano, Kirschbaum & Perlman (BFKP) and several partners of that law firm, to recov

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Susan Schrock v. Wyeth, Inc.

Susan and Steven Schrock filed suit against brand-name and generic manufacturers of the drug metoclopramide, alleging that Susan Schrock’s use of generic metoclopramide caused her to develop tardive dyskinesia, a neurological disorder characterized by involuntary body movements. The district court dismissed all claims in favor of the manufacturers in a series of orders. On appeal, the Schrocks c

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National Credit Union Administrative Board v. Nomura Home Equity Loan, Inc.

The National Credit Union Administration (“NCUA”) placed two federally chartered corporate credit unions, U.S. Central Federal Credit Union (“U.S. Central”) and

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Western Corporate Federal Credit Union (“WesCorp”), into conservatorship. As liquidating agent, NCUA sued 11 defendants on behalf of U.S. Central, alleging federal and state securities violations.1 In a separa

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Julio Ramos, M.D. v. Kewanee Hospital

¶ 1 Plaintiff, Julio Ramos, M.D., filed a three-count second amended complaint against defendant, Kewanee Hospital (the hospital), seeking injunctive relief, a declaration that the hospital improperly summarily suspended his privileges, and damages arising from the summary suspension. Plaintiff voluntarily dismissed his second amended complaint, then filed the current action six weeks later. Foll

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John Rizzuto v. Philip Morris USA and Liggett Group

John Rizzuto, age 66, sued Philip Morris USA and Liggett Group on products liability theories claiming to have been injured and/or damaged by the cigarettes manufactured and sold by the Defendants that he claimed caused him to developed COPD. Rizzulo started smoking at age 13.

He claimed that the Defendants created and designed nicotine-delivering devices that were marketed to ensnare tee

More...   $12550000 (08-23-2013 - FL)

Barry A. Hazle, Jr. v. Mitch Crofoot

In 2007, citing “uncommonly well-settled case law,” we held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. Inouye v. Kemna, 504 F.3d 705, 712, 716 (9th Cir. 2007). Plaintiff Barry Hazle is an atheist who, over his numerous objections, was forced as a condition of parole to participate in a residential drug

More...   $0 (08-23-2013 - CA)

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AK Morlan
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