Toxic Tort Law
 
Marvetia Lynn Richardson v. City and County of San Francisco

After 16 years as a member of the San Francisco police force, Inspector Marvetia Lynn Richardson was terminated by the San Francisco Police Commission (Commission) for misconduct arising out of three separate incidents. Richardson filed a petition for writ of administrative mandamus in the San Francisco Superior Court seeking reinstatement, back pay, and damages. The court affirmed the Commissionâ

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Marcus Hiles v. Arnie & Company, P.C.

Marcus Hiles appeals from a trial-court judgment incorporating a jury verdict in favor of Arnie & Company, P.C., in Arnie’s suit on a sworn account. On appeal, Hiles complains that he filed suit against Arnie in Dallas County before Arnie filed suit in Harris County, and because the Dallas County court had dominant jurisdiction, the trial court erred in refusing to transfer, abate, or dismiss Ar

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Charles Ray Mason v. Arthur J. Wood

Charles Ray Mason appeals orders granting a motion for partial summary judgment and a motion to dismiss filed by Cynthia Wood in her capacity as administrator of the Estate of Arthur J. Wood, and by Gary Hunter, Brenda Spitaleri, Patricia Strobl, and Marcial Foisie, Jr. The appellees are correctional officers and Mason is an inmate who claims the correctional officers committed various torts in th

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James J. Flanagan Shipping Corporation v. Del Monte Fresh Produce, N.A., Inc.

James J. Flanagan Shipping Corporation appeals the trial court’s rendition of a take nothing judgment on its claims against Del Monte. Flanagan sued Del Monte and other defendants for breach of fiduciary duty, knowing participation in a breach of fiduciary duty, conspiracy, conversion, unjust enrichment, unfair competition, and accessing proprietary and confidential business information. After s

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Troy McGee v. Edwin C. Yeary II, M.D.

Troy McGree, individually, and as surviving spouse and next of kin to Donna McGee, deceased and on behalf of her adult child Debbie Bulter, now deceased, sued Edwin C. Yeary II, M.D., St. John Medical Center, Inc., Brain Hood, M.D., Ronald Shaw, M.D. and Michael J. Wackowski on medical negligence theories.

This case was a claim for Medical Malpractice. Troy McGee, surviving spouse of Don

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Andrea Irvin v. Southern Snow Manufacturing, Inc.

Andrea Irvin appeals the district court’s dismissal of her case for want of personal jurisdiction over Southern Snow Manufacturing, Inc., (“Southern Snow”). We AFFIRM.

Louisiana-based Southern Snow manufactures shaved-ice machines used to create “snowballs.” It sells those machines and the accessories necessary to make snowballs—such as flavored syrup, syrup bottles, bottle nozz

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Melvin Gordilsl v. State of Connecticut

Melvin Gordils, age 48, sued the State of Connecticut on a governmental tort claim auto negligence theory claiming that he was injured and damaged as a direct result of being hit by a state police squad car.

According to CBS News:

"Gordils, who owns a restaurant, had run out of gas at night on the Route 25/8 connector in May 2010. He was walking across the highway around 2:30 a.m

More...   $0 (03-13-2013 - CT)

Eleanor Pulgenzi v. Pliva, Inc.

This case involves a state tort suit brought by Eleanor Fulgenzi against the generic-drug manufacturer PLIVA, Inc., for failure to adequately warn of the risks of developing tardive dyskinesia from extended treatment with metoclopramide. The question is whether the Food, Drug, and Cosmetic Act preempts such suits. In 2009, the Supreme Court held that with respect to branded drug manufacturers, sta

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William Scott MacDonald v. Tim Moose

In 2005, William Scott MacDonald was convicted after a bench trial in the Circuit Court of the City of Colonial Heights, Virginia, of two offenses: the misdemeanor offense of contributing to the delinquency of a minor, in contravention of Virginia Code section 18.2-371; and the felony offense of violating the Commonwealth’s criminal solicitation statute, found in section 18.2-29. The criminal so

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Sharon Thurber v. Aetna Life Insurance Company

3 Sharon Thurber worked at Quest Diagnostics (“Quest”) as
4 a client services representative from 1993 through August
5 15, 2007. As a full-time Quest employee, Thurber was
6 enrolled in Quest’s Employee Retirement Income Security Act
7 (ERISA) disability benefits plan, administered by Aetna Life
8 Insurance Company (“Aetna”). Under the plan, Thurber was
9 entitle

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Austin Giacomo v. Conner Mercer

Austin Giacomo, a minor by and through his parents, Mandi Giacomo and Steve Giacomo sued Conner Mercer on a person tort claiming:

1. This action is the result ofan automobile accident that occurred in Oi lahorna County, Oklahoma; the Plaintiffs reside in Oklahoma County; the Defendant resides in Oklahoma CoLinty. This Court has proper jurisdiction and venue over this matter.

2. On Se

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State Farm Mutual Automobile Insurance Company and Sara Rich v. Oklahoma Board of Health

State Farm Mutual Automobile Insurance Company and Sara Rich sued Oklahoma Board of Health on an auto negligence governmental tort claim theory under 51 O.S. 151, et al. claiming:

Plaintiff State Farm Mutual Automobile Insurance Company is an insurance c)mpany registered with the State of Oklahoma and doing business in Oklahoma; this cause of action arose in Oklahoma Conntv, Oklahoma; th

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State Farm Mutual Automobile Insurance Co. v. Thorne

In these consolidated appeals, State Farm Mutual Automobile Insurance Co. and Daniel J. Thomas, combined, raise six claims of error. These are (1) that a defense expert witness, Dr. Steven Knezevich, was improperly limited as to the scope of his testimony; (2) that a different defense expert witness, Dr. Charles Bain, was wrongly precluded entirely from providing opinion testimony regarding the ca

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Michelle Gilstrap v. United Air Lines, Inc.

Michelle Gilstrap has difficulty walking because of osteoarthritis and other health problems. She alleges that, on two airplane trips in 2008 and 2009, United Air Lines (“United”) did not provide her with adequate assistance moving through the airport and that she suffered physical and emotional injuries as a result. Gilstrap sued United, alleging several causes of action under California stat

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Norman Rudisill v. Ford Motor Company

After receiving workers’ compensation benefits for serious injuries sustained while working at Ford Motor Company’s Cleveland Casting Plant (the Plant) in Brook Park, Ohio, Norman Rudisill sued Ford for committing an intentional tort against him. His wife, Karen Rudisill, asserted a derivative claim of loss of consortium in the same complaint. The district court granted summary judgment for

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Kenneth Badilla v. Wal-Mart Stores East, Inc.

{1} This case requires us to determine whether a complaint based solely on the Uniform Commercial Code’s (UCC) provisions for breach of warranty, but seeking personal injury damages, is a claim under the UCC or a tort claim for personal injury. The determination affects which statute of limitation applies and, thus, whether the claim was properly dismissed as barred under the three-year limit on

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John N. Horne v. Los Alamos National Security, LLC

1 {1}

This case arises from an employee grievance at Los Alamos National Laboratory (LANL), operated by Los Alamos National Security, LLC. After succeeding in arbitration, the employee, John Horne, filed a lawsuit in state district court in 2008, in which he alleged more expansive claims arising out of the same subject matter covered in the arbitration agreement. LANL objected, claiming t

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Herman Spencer v. Paul Barber

{1}

Paul Barber and his law firm, Barber & Borg, L.L.C. (Barber), were the attorneys for Ellen Sam. Barber filed a lawsuit against numerous defendants for injuries Sam sustained when her car was struck from behind on Interstate 40 (I-40). Barber also represented Sam in her capacity as the personal representative of the estates of her daughter and granddaughter, both of whom died from inju

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Todd Garrett v. Howmedica Osteonics Corporation

Todd Garrett appeals a summary judgment in favor of Howmedica Osteonics Corporation (Howmedica) and Stryker Corporation (Stryker) in a products liability action involving an implanted prosthetic device.1 He contends the defendants failed to satisfy their burden to show that the prosthesis was not defective, the exclusion of portions of his expert‟s declaration was error and his expert‟s declar

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Jay C. Adkins v. John A. Alberts

Jay C. Adkins sued John A. Alberts on a legal negligence (legal malpractice) theory:

1. Adkins is a citizen of the State of Oklahoma and a resident of Oklahoma County.

2. Defendant, John A. Alberts ("Alberts") is an attorney licensed to practice in Oklahoma. He maintains an office in Oklahoma City, Oklahoma.

3. Defendant, Jennifer Wadley ("Wadley") is an attorney licensed to

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Cynthia Hatchett v. Panda Restaurant Group, Inc.

Cynthia Hatchett sued Panda Restaurant Group, Inc., Praxis Development, Inc.a and MAE Development, LLC on premises liability theories claiming:

1. Plaintiff Cynthia L. Flatchett and Plaintiff Donald E. Yardley (hereinafter “Plaintiffs’) are individuals residing in Oklahoma County, Oklahoma.

2. On February 1, 2010, Plaintiffs entered the Panda Express restaurant located at 500

More...   $1 (03-06-2013 - OK)

Chanae L. Newton v. The City of Oklahoma City

Chanae L. Newton sued The City of Oklahoma City on a governmental tort claim theory under 51 O.S. 151, et al. claiming:


1. Plaintiff Chanae L. Newton (herein and after Plaintifi), is an individual residing in Oklahoma City, Oklahoma County, State of Oklahoma.

2. The Defendant Terry Gates (herein and after Defendant Gates), is an individual believed to be residing in Oklahoma City

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Ricardo Manuel v. Stanley Glanz, Tulsa County Sheriff's Department

icardo Manuel asserted a claim against Stanley Glanz, Tulsa County Sheriff's Department under the Governmental Tort Claim Act, 51 O.S. Section 151, et seq. claiming that he was shot and wounded by one of two deputies who were shooting at Andrew Joseph (Joe) Dennahy who was holding a gun and standing in the middle of the courthouse plaza in Downtown Tulsa on March 7, 2012. The deputies shot at Den

More...   $25000 (03-07-2013 - OK)

Ronald Curtis v. W. Anthony

Plaintiffs-Appellants, Ronald Curtis, Cedric Johnson, and Curvis Bickham (collectively, “Appellants”) appeal the district court’s grant of summary judgment on their claims under 42 U.S.C. § 1983 in favor of Defendants-Appellees: (i) W. Anthony, a sergeant in the Houston Police Department (“HPD”); (ii) R. Chappell, an officer in the HPD; (iii) C. W. Stivers, an officer in the HPD; (iv) t

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Thomas Francis v. Allstate Insurance Company

Appellants Thomas and Danielle Francis ("the Francises" or "Appellants") appeal an order of the district court granting summary judgment to Appellee Allstate Insurance Company ("Allstate"). In March 2011, Appellants brought this action in Maryland state court seeking a declaration as to Allstate’s duty under a renters insurance policy to defend and indemnify the Francises in a tort suit brought

More...   $0 (03-07-2013 - MD)

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AK Morlan
Kent Morlan, Esq.
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