Toxic Tort Law
 
Norman J. Harris v. Susan Marks Harris

Norman J. Harris sued Susan Marks Harris, D. Todd Riddles and Cheek, Cheek & Cheek claiming:

1. Plaintiffs, Norma J. Harris (“Norma”) and Glenn E. Harris (“Bud”) (collectively, “Plaintiffs”), are individuals. They are citizens, residents, and domiciliaries of Oklahoma County, State of Oklahoma.

2. The first Defendant, Susan Marks Harris (“Susan Harris”), is an thd

More...   $0 (04-14-2013 - OK)

Tarla Makaeff v. Trump University, LLC

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme

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Penny Morris v. Pliva, Inc.

Appellants Penny and John Morris sued Appellees PLIVA, TEVA, and Actavis—generic drug manufacturers—for injuries related to use of the drug metoclopramide (brand-name Reglan). This case is yet another in the expanding cohort controlled by PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011), which held state law claims against generic manufacturers of Reglan preempted by FDA regulations. See also De

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Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T

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Charles Freeman v. Town of Hudson

Plaintiffs Charles and Daniela Freeman appeal the dismissal of their section 1983 suit against the Town of Hudson, Massachusetts, one of its agencies, and several state and local officials. The events giving rise to this suit grew out of an allegation that the Freemans had breached a conservation restriction appurtenant to their Hudson home. Like the magistrate judge and district judge, we conclu

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Danielle Helms v. Max H. Rudicel, M.D.

Danielle Helms filed a lawsuit in Delaware Circuit Court (hereinafter “trial court”) against Dr. Max Rudicel, the Open Door Health Clinic (“the Clinic”), Cardinal Health Systems d/b/a Ball Memorial Hospital (“BMH”), Nurse Practitioner Anna Steinbarger, and Emergency Physicians of Delaware County for malpractice related to treatment she received during her pregnancy. The Defendants file

More...   $0 (04-09-2013 - IN)

Harold Haggerty v. Hoosier Energy Rural Electric Cooperative, Inc.

Hoosier Energy owns and operates an electric generation facility known as the Merom Generating Station (“Station”), located in Sullivan County, Indiana. Hoosier Energy entered into a contract with C&K Industrial Services (“C&K”), Haggerty’s employer. Hoosier Energy retained C&K to provide vacuuming, jetting and hydro blasting services at the Station as needed. One of these occasions was

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State Farm Fire & Casualty Company v. Joesph Martin Radcliff

In April 2006, central Indiana suffered a large hailstorm. Joseph Radcliff formed a company to repair the storm-damaged homes. State Farm Fire & Casualty Company began denying many of its policyholders’ claims even though other insurance companies were paying similar claims. Radcliff and his company offered to help the State Farm policyholders. Amid a flurry of bad publicity about State Farm’s

More...   $14500000 (04-13-2013 - IN)

Dustin Myers v. Murry Bowman

This appeal presents the question whether three officials in a rural county of Georgia are entitled to a summary judgment against a complaint that they violated the civil rights of a father and son who had been involved in an aborted exchange of property between a previously engaged couple. When Dustin Myers and Kelley Bowman ended their engagement to be married, Dustin attempted to retrieve the d

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Erris Edgerly v. City and County of San Francisco

This appeal requires us to decide when a person arrested for an infraction may be taken into custody under California law. California Penal Code § 853.5 provides three narrow grounds for the nonrelease of a person arrested for an infraction. California Penal Code § 853.6(i) provides 10 broader grounds for the nonrelease of a person arrested for a misdemeanor. The defendants argue – and the dis

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Paul Perry v. County of Fresno

Appellants, Paul Perry, Felicia Davis Perry, and Orene Perry, challenge the dismissal of their complaint against respondent, County of Fresno (County), following the sustaining of the County‟s demurrer without leave to amend and the granting of the County‟s summary judgment motion. Appellants alleged that the County was liable for damages caused by the County‟s employee, Alejandro Vital when

More...   $0 (04-03-2013 - CA)

Deana Pollard Sacks v. Brian Weil Zimmerman

Appellant Deana Pollard Sacks challenges the trial court‘s summary judgments in favor of appellees Brian Weil Zimmerman and Andrew Todd McKinney, IV. Zimmerman and McKinney have served as counsel for the defendants in underlying litigation in which Sacks is suing numerous parties. The trial court entered a take-nothing judgment as to Sacks‘ invasion of privacy claims against Zimmerman and McKi

More...   $0 (04-04-2013 - TX)

Andrea Sherman v. Healthsouth Specialty Hospital, Inc. d/b/a Healthsouth Dallas Rehab Hospital

Andrea Sherman appeals the trial court’s dismissal of her negligence claims against HealthSouth Specialty Hospital, Inc. d/b/a HealthSouth Dallas Rehab Hospital because of her failure to serve a chapter 74 expert report. See TEX. CIV. PRAC. & REM. CODE ANN. § 74.351 (West 2011). To resolve her issues, we must decide whether HealthSouth’s alleged failure to secure her and her wheelchair in its

More...   $0 (04-02-2013 - TX)

Annie Tummino v. Margaret Hamburg

Plan B and Plan B One-Step are emergency contraceptives that can be taken to reduce the risk of pregnancy after unprotected intercourse. In 1999, Plan B became the first emergency contraceptive drug approved for prescription-only use in the United States. In 2006, the Food and Drug Administration (“FDA”) approved non-prescription access to Plan B for women 18 and older, and with a prescription

More...   $0 (04-06-2013 - NY)

Peter Fazio v. Cypress/GR Houston I, L.P.

In this suit arising from the sale of land, we examine the appropriate measure of damages for a sale obtained through fraudulent inducement. A jury concluded that the seller of the land had failed to disclose material information to the buyer about the financial state of a commercial tenant who leased the land. But the jury further concluded that the buyers suffered nothing in damages proximately

More...   $0 (04-05-2013 - TX)

Janet Henebema v. South Jersey Transportation Authority and New Jersey State Police

Defendants South Jersey Transportation Authority (SJTA) and the New Jersey State Police (NJSP) (collectively referred to as "defendants") appeal from a judgment in plaintiff Janet Henebema's favor, entered after a jury trial, and an order denying their motion for a remittitur. Plaintiff cross-appeals from an order denying her request for pre-judgment interest pursuant to Rule 4:58-2(a)(2).1

More...   $0 (04-01-2013 - NJ)

Soma Mandal, M.D. v. Port of Authority of New York and New Jersey

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened

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Barcas, LLC v. ONEOK Partners, L.P.

Barcas, LLC sued ONEOK Partners, L.P. on a breach of contract, breach of implied covenant of good faith & fair dealing, unjust enrichment, tortious interference with prospective economic advantage, and fraud in the inducement theories claiming:

1. Barcas, LLC is an Oklahoma Limited Liability Company which is authorized to conduct business in the State of Oklahoma. Barcas’s headquarters

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United States of America v. Joseph Eddy Benott

Joseph Benoit was convicted of receipt of child pornography in violation of 18 U.S.C. § 2252(a)(2) and (b)(1), and possession of child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). He was sentenced to concurrent terms of 125 and 120 months’ imprisonment and ordered to pay $11,466 in restitution. He challenges his conviction and sentence on several grounds.

Benoit con

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Gabriela Arteaga v. United States of America

The plaintiff in this medical malpractice case is the mother of a child who was injured during birth. The district court dismissed the suit as barred by the provision of the Federal Tort Claims Act that requires that the claim on which a suit is based be filed with the appropriate federal

2 No. 12-3189

agency within two years after the claim arose. 28 U.S.C. §2401(b).

T

More...   $0 (04-02-2013 - IL)

A.C. v. Shelby County Board of Education

A.C., a minor with Type 1 diabetes, her mother, J.C., and her father, B.C., are the Plaintiffs-Appellants in this case. A.C. attended Bon Lin Elementary School, a school governed by Defendant-Appellee Shelby

1

No. 11-6506 A.C., et al. v. Shelby Cnty. Bd. Of Educ. Page 2

County Board of Education (“SCBE”). After three years of wrangling between Bon Lin officials and P

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Michael W. Meade v. 823 Properties, LLC

Michael W. Meade sued 823 Properties, LLC on a personal tort theory claiming:

1. Plaintiff, Michael W. Meade (“Meade”), is the owner of record of Lot 28 in Block One (1), of FLOYD ADDITION, a subdivision of Norman, Cleveland County, Oklahoma (“Lot 28” of “Floyd Addition”). According to professional surveys, the southern most boundary line fence for Lot 28 crosses into the plat

More...   $1 (03-28-2013 - OK)

Michael Stiger v. City of Tulsa, Oklahoma

Tulsa, Oklahoma plaintiff personal injury lawyer represented Plaintiff, Michael Stiger, who sued the City of Tulsa, Oklahoma on a governmental tort claim auto negligence theory under 51 O.S. 151, et seq. claiming:

1. That the Plaintiff, Michael Stiger, is a resident of Tulsa County, State of Oklahoma.

2. That the Defendant, The City of Tulsa, Oklahoma (hereinafter “Tulsa”), i

More...   $1 (03-27-2013 - OK)

Matt Kincaid v. David Dess

Matt Kincaid and Julie Kincaid appeal from a summary judgment granted in favor of David Dess and Sandra Dess involving the Kincaids' breach of contract, fraud, negligent misrepresentation, civil conspiracy, and rescission claims. The Kincaids purchased a house from Sirva Relocation LLC (Sirva) for approximately $1,040,000. The bases of the Kincaids' claims involve the alleged failure of the Desses

More...   $0 (03-31-2013 - KS)

Jason Michaelis v. Gerald and Peggy Farrell

This litigation arises out of a negligence action where the plaintiff, Jason Michaelis, sued the defendants, Gerald Farrell and Peggy Farrell, for an electrical shock he suffered while at the defendant's property. A jury allowed recovery on plaintiff's claim. Moreover, the jury determined that Michaelis did not reasonably ascertain that he had sustained substantial injury until 5 years after recei

More...   $0 (03-01-2013 - KS)

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