Toxic Tort Law
 
Wolf Hollow I, L.P. v. El Paso Marketing, L.P. and Enterprise Texas Pipeline, LLC

Wolf Hollow I, L.P. appeals from a final judgment granted in favor of El Paso Marketing, L.P. and Enterprise Texas Pipeline, LLC. On remand from the Texas Supreme Court, our review is limited to deciding whether Wolf Hollow is entitled to replacement-power damages in its claims against El Paso. The trial court ordered that Wolf Hollow take nothing on these claims. Finding error in

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More...   $0 (08-23-2013 - )

George Fleming v. Tammylern Curry

In these consolidated appeals, we review the summary judgments granted to several hundred plaintiffs on their breach-of-fiduciary-duty claims against the attorney and law firm that represented them in their personal-injury claims arising from their use of diet drugs. The law firm screened tens of thousands of clients for eligibility to opt out of a class-action settlement and pursue personal-injur

More...   $0 (08-20-2013 - TX)

Sakwe Balintulo v. Daimler, A.G.

The question presented is whether to issue a writ of mandamus to resolve in favor of the defendants this long-lived litigation under the Alien Tort Statute (“ATS”)—a statute, passed in 1789, that was rediscovered and revitalized by the courts in recent decades to permit aliens to sue for alleged serious violations of human rights occurring abroad. The statute was first deployed in 1980 again

More...   $0 (08-21-2013 - NY)

Chelsey Hayes v. County of San Diego

Sheriff‟s deputies shot and killed Shane Hayes when he came toward them with a large knife in his raised right hand. The deputies had come to the home in response to a call from a neighbor who said she had heard screaming. When the deputies arrived, Shane‟s girlfriend, Geri Neill, told them that earlier in the evening, Shane had tried to kill himself. The deputies entered the house, and the in

More...   $0 (08-19-2013 - CA)

Carolina Casualty v. Nanodetex Corporation

A few years ago the New Mexico Supreme Court recognized a new tort called “malicious abuse of process,” which subsumed the traditional causes of action for malicious prosecution and abuse of process. Nanodetex Corporation and two of its principals (the Insureds) were successfully sued for malicious abuse of process. They then sought indemnification from Carolina Casualty Insurance Company, whi

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Martha Lezama v. The City of Oklahoma City

Martha Lezama sued The City of Oklahoma City on a governmental tort claim negligence theory claiming:

I.

That the defendant City of Oklahoma City is a municipal corporation organized and existing under and by virtue of the laws of the State of Oklahoma.

II.

That on April 27, 2013, claimant’s vehicle was damaged when it was struck by a passing Oklahoma City Fire Depart

More...   $2598 (07-19-2013 - OK)

Marquis Acquisition, Inc. v. Steadfast Insurance Company and Julie Fry

Marquis Acquisitions, Inc. appeals from a summary judgment rendered in favor of Steadfast Insurance Company and Julie Fry on Marquis’s claims for breach of contract, violations of the Texas Insurance Code, breach of the duty of good faith and fair dealing, and “aiding and abetting.” In a single point of error, Marquis contends the trial court erred in granting the summary judgment because St

More...   $0 (08-14-2013 - TX)

Jason Priest v. Blue Dolphin Production, LLC

Jason Priest and Ryan Priest sued Blue Dolphin Production, LLC, Dlue Dolphin Energy, LLC; Jet Well Service Co., Merle Davis, American Safety Services, Inc. a/k/a ASSI, Renco Tool Co., Inc. and Halliburton Company on negligence theories claiming:

1. Plaintiff, Jason Priest, is an individual whose resides in the State of Oklahoma.

2. Plaintiff, Ryan Priest, is an individual whose resid

More...   $0 (08-15-2013 - )

Kala Lee Whitecrow v. State of Oklahoma

Kala Lee Whitecrow and antoine D. Jones, individually and as next-of-kin of Naomi Lynn Whitecrow sued the State of Oklahoma, ex rel. Oklahoma Department of Human Services, Amy Holder and Mike Holder on wrongful death theories claiming:

1. Naomi Lynn Whitecrow (“Naomi”) was, at the time of the actions complained of herein, a two (2) year old minor resident of the State of Oklahoma, in

More...   $25000 (08-10-2013 - OK)

Megan D. McCafferty v. Preiss Enterprises, Inc.

Megan McCafferty appeals from the district court’s grant of summary judgment in favor of Preiss Enterprises, Inc. d/b/a McDonald’s (“Preiss”) and Jacob Peterson. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

In February 2007, McCafferty submitted an employment application to Preiss, * This order and judgment is not binding precedent, except under the doctr

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Renee M. Korban v. Boostpower, USA

Plaintiff Renee M. Korban, the personal representative of the Estate of Thomas Shelby Morris, Deceased, appeals from the grant of summary judgment in favor of defendant Boostpower U.S.A., Incorporated (Boostpower) in this products liability suit. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

____________________

* After examining the briefs and appellate record, th

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Jesse Mickens v. Elizabeth New Jersey

Jesse Mickens, age 43, sued the Elizabeth New Jersey on a governmental tort claim auto negligence theory claiming to have been injured and damaged in a car truck wreck in January 2010 when his 1994 Jetta was hit by a Ford F-series truck driving by a city employee on liter patrol. He claimed that he suffered neck and lower-back injuries for which he had to have surgery.

The City challenged

More...   $2400000 (08-11-2013 - )

Elizabeth Manning v. Boston Medical Center

Plaintiffs Elizabeth Manning, Lisa Rivers, Rhonda Williams, and Reva McCarthy bring this wage-and-hour action against defendants Boston Medical Center Corporation ("BMC"), Elaine Ullian, and James Canavan. Current and former BMC employees, plaintiffs allege that defendants deprived them of their wages through the use of timekeeping policies and employment practices that required them to work thro

More...   $0 (08-01-2013 - MA)

Edwin DeJuses v. Park Corporation

Edwin DeJesus and Maria L. Cartagena appeal the district court’s summary judgment for Park Corporation, in which the court rejected appellants’ tort and warranty claims against Park under a theory of corporate successor liability. We affirm.

I

DeJesus allegedly suffered injuries from a defective machine manufactured in 1957 by Bertsch, Inc. Although it was begun as

More...   $0 (08-01-2013 - MA)

Carmen Talavera v. James Wiley, D.O.

Carmen Talavera suffered a stroke while visiting a store in November 2007 and incurred permanent disabilities that she attributes to the medical malpractice of personnel at the Southwest Medical Center (SWMC), where she was taken after her stroke. Talavera brought claims against a number of these medical personnel defendants under 28 U.S.C. § 1332, alleging that they should have diagnosed and imm

More...   $0 (08-07-2013 - KS)

Harris & Greenwell, L.L.P. v. Jennifer Hilliard

Appellant Harris & Greenwell, LLP (“H&G”), a law firm, represented appellee Jennifer Hilliard in a proceeding to enforce alimony obligations allegedly agreed to by Jennifer’s ex-husband, Bob Hilliard. After the representation concluded, H&G sued Jennifer for her failure to pay fees and Jennifer made various counterclaims. Following trial, judgment was rendered in favor of Jennifer. H&G now c

More...   $0 (08-01-2013 - TX)

CENTURY SURETY COMPANY v. JOHN DELOACH D/B/A DELOACH VACUUM SERVICE AND DELOACH OIL & GAS WASTE WEL

Appellant, Century Surety Company, appeals the trial court’s summary judgment in favor of appellees, DeLoach d/b/a DeLoach Vacuum Service and DeLoach Oil & Gas Waste Well (collectively, DeLoach). By two issues, Century argues that it does not have

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a duty to defend DeLoach in four underlying lawsuits. We affirm.1

I. Background

A. The Underlying Lawsuits

DeLoac

More...   $0 (08-01-2013 - TX)

Kim Burt v. Andrews County Hospital District d/b/a Permian Regional Medical Center

After filing a worker’s compensation claim, Appellant Kim Burt filed suit against her former employer, Andrews County Hospital District doing business as Permian Regional Medical Center (the Hospital), Appellee, alleging retaliatory discharge under Chapter 451 of the Texas Labor Code and intentional infliction of emotional distress. Burt now appeals the trial court’s summary judgment in favor

More...   $0 (07-24-2013 - TX)

Jason L. Graman & Martin Graman v. IBP Retail No. 5, L.P.

Jason L. Graman and Martin Graman appeal the trial court’s judgment, complaining of the trial court’s grant of summary judgment and award of attorney’s fees. We conclude the dispositive issues before us are clearly settled in law. Accordingly, we issue this memorandum opinion pursuant to Texas Rule of Appellate Procedure 47.4. The factual nature of this case, as well as its procedural histor

More...   $0 (07-30-2013 - TX)

General Capital Group Beteligungsberatung Gmbh v. AT&T

This case arises from an alleged oral contract General Capital Group (“GC”) claims to have had with AT&T (“ATT”). GC now appeals a summary judgment granted in favor of ATT. In two issues, GC asserts the trial court erred in granting summary judgment on its fraud claim and on its claim for quantum meruit. Concluding GC’s arguments are without merit, we affirm the trial court’s judgment.

More...   $0 (11-30--0001 - TX)

Richard King v. Deutsche Bank National Trust Co., as Trustee for Asset-Backed Pass-Through

Richard King challenges the summary judgment granted in favor of Deutsche Bank National Trust Company, as the Trustee for Asset-Backed Pass-Through Certificates, series 2004-W5 (“the Bank”). We affirm the judgment of the trial court.

BACKGROUND

On January 28, 2004, King obtained a home-equity loan secured by real property commonly known as 13722 Hunter Moss, San Antonio, Texa

More...   $0 (08-06-2013 - TX)

Rhonda Spain v. C-P Integrated Services, Inc.

Rhonda Spain sued C-P Integrated Services, Inc. and the City of Moore claiming:

1. Plaintiff Rhonda Spain is, and was at all times relevant hereto, a resident of Cleveland County, Oklahoma.

2. Defendant is C-P Integrated Services, Inc., an Oklahoma Corporation with its principal place of business in Oklahoma County, and at all pertinent times operating in Cleveland County, Oklahoma.<

More...   $0 (08-02-2013 - OK)

Jeff Edward Woods v. The City of Norman

Jeff Edward Woods sued The City of Norman on a wrongful termination theory claiming:

1. At all relevant times herein, Plaintiff was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma.

2. At all relevant times herein, Defendant The City of Norman was and now is a municipal corporation located in Cleveland County, State of Oklahoma. Jurisdiction and Ve

More...   $0 (08-02-2013 - OK)

Samuel Jones v. Norman Regional Hospital

Samuel Jones sued Norman Regional Hospital and Stephanie Barnhart, D.O. on medical negligence theories claiming:

1. On or about August 12, 2010, Sam Jones presented to Norman Regional Hospital ER with a laceration to his right buttock. The wound was stitched and stapled by Stephanie Barnhart, DO., the attending physician, and assisted by staff. An x-ray was performed to rule out any forei

More...   $1 (08-01-2013 - OK)

Alan Purton v. Marriott International, Inc.

In this case, an employee consumed alcoholic beverages at an employer hosted party and became intoxicated. The employee arrived home safely, but then left to drive a

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coworker home. During that drive, the employee struck another car, killing its driver. The trial court granted summary judgment for the employer on the ground the employer's potential liability under the doctrine of re

More...   $0 (08-01-2013 - CA)

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