Toxic Tort Law
 
Spirit Lake Tribe of Indians v. The NCAA

The Spirit Lake Tribe of Indians, by its Committee of Understanding and Respect, and Archie Fool Bear, individually and as representative of more than 1,004 members of the Standing Rock Sioux Tribe – collectively, “the Committee” – sued the National Collegiate Athletic Association (NCAA) for interfering with the University of North Dakota’s use of the Fighting Sioux name, logo, and image

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Ronald Doyle v. City of Medford

2 This case involves four plaintiffs, each of whom retired from employment
3 with the City of Medford (the city) and each of whom attempted to elect to continue the
4 health insurance coverage that the city had provided to them as employees. But the city's
5 health insurance plan that applied to plaintiffs at the time of their retirement did not
6 provide coverage for retirees. Alt

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Ashley Schutz v. La Costita, III, Inc.

2 After drinking past the point of intoxication at defendant's bar, plaintiff
3 attempted to drive home and was severely injured when she entered an interstate highway
4 driving in the wrong direction and collided with another car. She brought this action
5 against the bar, alleging negligence for having served her "when she had already
6 consumed excessive quantities of alcohol,"

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Keith Marton v. Ater Construction Company, LLC

2 This case arises out of construction defects in plaintiffs' home. Plaintiffs
3 sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn,
4 filed a third-party complaint against a number of its subcontractors and suppliers,
5 including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the
6 home, and Medallion Industries, Inc. (Medallion

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General Bell v. Tri-County Republican Transportation District of Oregon

2 The question in this case is whether plaintiff's survival action against a
3 public body must be brought within two years or three years of the alleged injury. Either
4 of two statutes supplies the answer. On the one hand, ORS 30.275(9) provides that,
5 "notwithstanding any other * * * statute providing a limitation on the commencement of
6 an action," a tort action against a pub

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Susan Taylor v. Wells Fargo Home Mortgage

A woman purchased a home and fell behind on her mortgage payments.
Despite the bank having agreed to postpone a foreclosure sale, the bank proceeded with
the sale. After the woman threatened suit, the bank re-purchased the home and entered
into settlement negotiations with the woman; the bank promised to re-convey the property to the woman so that she could proceed with a sale to a thi

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Diplomat Properties Limited Partnership v.l Tecnoglass

Appellant, Diplomat Properties, L.P. (“Diplomat”), appeals an order which dismissed all of its claims against the defendants, Tecnoglass USA, Inc., and Tecnoglass Colombia S.A., Inc. (collectively “Tecnoglass”). In this appeal, Diplomat challenges only the dismissal of its common law indemnity claim. We reverse.

Diplomat is the owner of the Westin Diplomat Resort and Spa (the “hot

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Safeco Insurance Company of Illinois v. Adrian Fridman

Safeco appeals from an adverse final judgment in a lawsuit for uninsured/underinsured (UM) benefits brought by its insured, Adrian Fridman. Prior to trial, Safeco tendered payment to the insured for the UM policy limits of $50,000 and filed a “Confession of Judgment” and a “Motion for Entry of Confession of Judgment.” Despite the fact that Safeco’s tender of policy limits and confession

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Fresni, Inc. v. Tamir Enterprises, Ltd.

Appellant, Fresni, Inc., appeals a judgment entered in favor of appellee, Tamir Enterprises, Ltd., after the trial court granted Tamir’s motion for summary judgment. In four issues on appeal, Fresni asserts the trial court erred in rendering summary judgment in favor of Tamir and dismissing its (1) conversion claim, (2) wrongful foreclosure claim, (3) breach of contract claim, and (4) trespass t

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Ryan Hart v. Electronic Arts, Inc.

In 2009, Appellant Ryan Hart (“Appellant” or “Hart”)1 brought suit against Appellee Electronic Arts, Inc. (“Appellee” or “EA”) for allegedly violating his right of publicity as recognized under New Jersey law. Specifically, Appellant‟s claims stemmed from Appellee‟s alleged use of his likeness and biographical information in its NCAA Football series of videogames. The District

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Janet Winslow v. Progressive Contractors, Inc.

Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec

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Janet Winslow v. Progressive Contractors, Inc.

Janet Winslow Peterson ("Janet")1 and Linda Winslow Lambright ("Linda") (collectively "Appellants") appeal from the entry of judgment following a jury trial in favor of Progressive Contractors, Inc. ("PCI") and Highway Technologies, Inc. ("HTI") (collectively "Respondents") on their claims for personal injuries and for wrongful death. Appellants claim the trial court erroneously overruled an objec

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Rehak Creative Services, Inc. v. Ann L. Witt

Rehak Creative Services, Inc. and Robert Rehak (collectively, “Rehak”) appeal from a final judgment granting a motion to dismiss in favor of appellees Ann L. Witt, Ellen Witt, Raymond Witt, and the Ann Witt Campaign (collectively, “Witt”). We affirm.

OVERVIEW

This appeal focuses on a recently enacted statute called the “Texas Citizens Participation Act,” which is codi

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Susan K. Young v. Wells Fargo Bank

In an attempt to avert the foreclosure of her home, plaintiff Susan Young sought to modify the terms of her mortgage pursuant to the Home Affordable Modification Program ("HAMP"), a federal initiative that incentivizes lenders and loan servicers to offer loan modifications to eligible homeowners. When Young's efforts did not result in a permanent loan modification, she sued defendants Wells Fargo

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Kristen Prahm v. David Schow

1. Plaintiffs are citizens of the State of Oklahoma, County of Lincoln at the time of the filing of this action.

2. Defendant, DAVID SCHOW, is a citizen of the State of Oklahoma, County of Oklahoma at the time of the alleged tort action.

3. The incident complained of occurred in Oklahoma County.

WHEREFORE, Oklahoma courts may properly exercise in personam jurisdiction ov

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William Mark Sorrels v. The City of Oklahoma City

1. Plaintiff, William Mark Sorrels, (“Sorrels”), is an individual residing in Canadian County, Oklahoma.

2. Defendant, The City of Oklahoma City, is an Oklahoma municipal corporation and, as such, a political subdivision of the State of Oklahoma.

3. Defendant James Troy Roesler, is an individual resident of Oklahoma County, Oklahoma. At the time of the subject collision, Roesler

More...   $40000 (05-20-2013 - )

Robert Jeffrey Chaskes, D.O. v. Zoila Gutierrez

Robert Jeffrey Chaskes, D.O., Sandra Saint-Eloi, A.R.N.P., and their employer Vohra Health Services, P.A., appeal from a final judgment in this medical malpractice action for the negligent treatment of a sacral decubitus ulcer (a bedsore). The defendant doctor and nurse treated then eighty-eight-year-old Dilia Jaquez over a period of two weeks while she was at Miami Gardens Nursing Center followin

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Southern Baptist Hospital of Florida, Inc. d/b/a Baptist Medical Center v. Michelle Johnston

This case is unusual, in part, because of the incentives established under the Florida Birth-Related Neurological Injury Compensation Association (“NICA”) statute, sections 766.301-316, Florida Statutes, which sets forth an administrative process for infants who sustain severe birth-related neurological injuries to establish their eligibility for NICA plan benefits. Emma Johnston suffered perm

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Angela Samples v. Florida Birth-Related Neurological Injury Compensation Association

In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So. 3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(1)(b)1, Florid

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Esad Osmic v. Nationwide Agribusiness Insurance Company

Esad Osmic was injured in a motor vehicle collision while riding as a passenger in his brother’s SUV. Two years and thirty-one days later, Esad sued Nationwide Agribusiness Insurance Company (Nationwide) seeking recovery for damages under the underinsured motorist (UIM) provisions of his brother’s personal auto policy. Nationwide filed a motion for summary judgment asserting Esad’s petition

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D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r

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City of Waterloo v. Tim Everett

This case involves the City of Waterloo’s efforts to be reimbursed under Iowa Code section 411.22 (2011) for its payment of medical expenses and temporary disability benefits on behalf of an injured police officer. The district court rejected the city’s indemnification claim to proceeds of the officer’s settlement of his tort claim against third parties. Because section 411.22 only contempla

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Sarah Badahman Catering St. Louis

The jury returned a verdict in favor of Sarah Badahman and against Catering St. Louis and its president, Mark Erker (collectively "CSL"), in the amount of $11,250 for compensatory damages and $2,000 for punitive damages. Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068,1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman's motion and gave

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Billy Joe Wenzel v. State of Oklahoma, ex rel. Oklahoma Department of Public Safety

1. The Plaintiff, Mr. Wenzel, is a resident of Rogers County, State of Oklahoma.

2. The Plaintiff is the owner of a 2004 Bentley Pontoon boat (the “Boat”).

3. The Plaintiff has resided in the State of Oklahoma and in Tulsa County for more than
30 days and 6o days respectively next preceding the filing of this Petition.

4. The Defendant is subject to the jurisdict

More...   $1 (05-10-2013 - OK)

Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect

More...   $0 (05-09-2013 - TX)

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AK Morlan
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