Toxic Tort Law
 
Sarah Meyer and Gail Wooldridge v. State of Oregon Marion County Courthouse - Salem, Oregon

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaining

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Angela Johnson Musa v. Dr. Carrie Miles and Dr. Joseph Elia Multnomah County Courthouse - Portland, Oregon

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and

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Matthew J. Mason v. BCK Corporation Linn County Circuit Courthouse - Albany, Oregon

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, ass

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JOSEPH S. HAJDUSEK v. UNITED STATES OF AMERICA Marine Corps recruit from NH sues U.S. for injury he says was caused by sergeant who made him exercise 'excessively'

When reviewing a dismissal for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), we "construe the [c]omplaint liberally and treat all well-pleaded facts as true, according the plaintiff the benefit of all reasonable inferences." Murphy v. United States, 45 F.3d 520, 522 (1st Cir. 1995). In addition to the pleadings, Hajdusek submitted certain additional ma

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Donald Hill v. Missouri Department of Conservation Missouri Supreme Court - Jefferson City, Missouri

The Missouri Conservation Commission (“Commission”), its individual members,1 and the Missouri Department of Conservation (“Appellants”) appeal the judgment of the circuit court in this declaratory and injunctive relief action brought by Donald Hill and Oak Creek Whitetail Ranch, LLC, Travis Broadway and Winter Quarters Wildlife Ranch, LLC, and Kevin Grace and Whitetail Sales and Service LLC (“Res

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HAYAT SINDI v. SAMIA EL-MOSLIMANY and ANN EL-MOSLIMANY United States Court of Appeals For the First Circuit

This case implicates a plethora
of issues arising in the shadow of the First Amendment. Most
notably, it requires us to address the power of a court to impose
a prior restraint in the form of a permanent injunction forbidding
the publication of words — words that the court believes have been
used to defame the plaintiff in the past and are likely to be
repeated. The

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STATE OF OHIO - vs - DEAN B. WEAVER

On August 24, 2016, at approximately 10:45 p.m., Deputies Matthew Johns and Brian Sterrick, of the Ashtabula County Sheriff’s Office, arrived at appellant’s residence to execute an arrest warrant. The warrant was premised upon appellant’s failure to appear on a minor misdemeanor “failure to wear a seat belt” offense. The deputies parked their cruiser away from the residence and approached th

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Nadine Pellegrino and Harry Waldman v. T.S.A., Nuyriah Abdul-Malik, Laura Labbee, and Denice Kissinger United States Court of Appeals for the Third Circuit

In Vanderklok v. United States, 868 F.3d 189 (3d Cir.
2017), we declined to imply a Bivens cause of action against
airport screeners employed by the Transportation Security
Administration (TSA) in part because they “typically are not
law enforcement officers and do not act as such.” Id. at 208.
We now must decide a related question that we anticipated, but
did not resolve,

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Margaret Lawless v. Steward Health Care System, LLC District of Massachusetts Federal Courthouse - Boston, Massachusetts

At its inception, this appeal
seemed to present a single question — albeit a novel one — about
how to interpret the Massachusetts Wage Act (the Wage Act). See
Mass. Gen. Laws ch. 149, §§ 148, 150. But appearances can be
deceiving, cf. Aesop, The Wolf in Sheep's Clothing (circa 550
B.C.), and at oral argument, a threshold question emerged as to
the existence vel non of feder

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Silvan Warnick v. Bradford Cooley; Robin Wilkins; Ethan Rampton; Mark Knighton; Jeffrey Hall District of Utah Federal Courthouse - Salt Lake City, Utah

Silvan Warnick brings this 42 U.S.C. § 1983 malicious prosecution case
and a number of state law tort claims against several Salt Lake County
prosecutors and investigators. He claims he was falsely accused of tampering
with evidence that led to the filing of criminal charges against him that were later
dismissed.
The district court granted the defendants’ motion to dismiss, and

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State v. Michael Patino

A little after five o’clock in the evening on Sunday, October 4, 2009, a six-year-old boy
named Marco Nieves was pronounced dead at Hasbro Children’s Hospital. According to the
autopsy performed by then-Chief Medical Examiner of the State of Rhode Island, Thomas
Gilson, M.D., the cause of death was peritonitis, which is a medical term that describes
- 2 -
inflammation aro

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SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that

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DAVID R. SMITH v. THE TENNESSEE NATIONAL GUARD

Mr. Smith joined the Guard in 1993 as “a traditional guardsman.” In February 2002, he was selected for a full-time position in the Active Guard Reserve (“AGR”). Seven years later, in 2009, Mr. Smith applied for senior developmental education at the Naval War College in Washington, D.C., and he was accepted. The Guard required Mr. Smith to leave his full-time AGR position when he began attending

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Nicholas Tammaro v. The United States of America Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Boston, MA - Nicholas Tammaro sued The United States of America on a Federal Tort Claim Act personal injury auto neglgience theory.

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Teresa M. Galeano v. The United States of America Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Baltimore, MD - Teresa M. Galeano sued The United States of America on a Federal Tort Claim Act personal injury auto negligence theory.

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Dominique Lopez, a Minor, etc. v. Sony Electronics, Inc.

When a child is allegedly harmed by in utero exposure to hazardous
chemicals, which statute of limitations applies: that for toxic exposure claims
(Code Civ. Proc., § 340.8, subd. (a)),
1 or that for prenatal injuries (§ 340.4)? The
answer determines the viability of this lawsuit. Because the toxic exposure statute
was more recently enacted, and its language plainly encompasses

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Destiny Hoffman v. Susan Knoebel Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Like many jurisdictions, Indiana has turned to “drug courts” to tackle substance-abuse problems more flexibly than traditional sentencing regimes might al-low. Ind. Code § 33-23-16-5. These non-traditional court pro-grams have been shown to reduce recidivism rates, at least in some jurisdictions. Compare Michael W. Finigan, et al., IMPACT OF A MATURE DRUG COURT OVER 10 YEARS OF
2 No. 17-2750

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PLS Investments, LLC v. Ocwen Loan Servicing, LLC, et al. Western District of North Carolina Courthouse - Statesville, North Caolina

Statesville, NC - PLS Investments, LLC sued Ocwen Loan Servicing, LLC, HSBC Bank USA, NA, Real Home Services and Solutions, Inc. on a tort to land theory.

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STATE OF KANSAS v. MATTHEW D. WILSON

The underlying facts are not disputed. As this court recited in Wilson's first appeal:

"Dustin Ferguson and Joel Solano lived in an apartment directly across the hall from Wilson. Sometime around 2 a.m. on April 7, 2013, Ferguson returned to the apartment with Michael Lowery, Alexya Mailea, and Christine Kim after a night out in Aggieville. Around 4 a.m., Ferguson and his three guest

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State of Tennessee v. Darrell Wayne Smith

A Roane County Grand Jury indicted the defendantfordriving under the influence and violation of the financial responsibility law as a result of a car accident. The defendant was charged based on his interactions with the state trooper at the scene and the results of ablood test indicatingnarcotics levelssufficient to cause impairment.

At the outset of the defendant’s trial, the trial cou

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Anthony Dickerson v. United States of America Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

New Orleans, LA - Anthony Dickerson sued the United States of America on a federal tort claim act personal injury auto negligence.

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Estrella Abarquez v. United States of America Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Paducah, KY - Estrella Abarquez sued the United States of America on a federal tort claim act personal injury auto negligence theory.

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GREGORY BALDWIN vs. CITY OF ESTHERVILLE, IOWA; MATT REINEKE, Individually and in his Official Capacity as an officer of the Estherville Police Department; and MATT HELLICKSON, Individually and in his Official Capacity as an officer of the Estherville Police Department

When we answer a certified question, we rely upon the facts provided with the certified question. See Bd. of Water Works Trs. of Des Moines v. Sac Cty. Bd. of Supervisors, 890 N.W.2d 50, 53 (Iowa 2017); Life Inv’rs Ins. Co. of Am. v. Estate of Corrado, 838 N.W.2d 640, 643 (Iowa 2013). Accordingly, we restate the facts as set forth by the federal district court:
The incidents giving rise to

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STATE OF IOWA vs. BION BLAKE INGRAM SUPREME COURT OF IOWA

At about 6:39 a.m. on October 30, 2015, a police officer pulled over Bion Ingram, who was driving on Highway 14 in Newton, Iowa. The officer had noticed the vehicle’s license plate was not illuminated as required. After speaking with Ingram, the officer also noticed the
3
vehicle’s registration sticker did not match its license plate—the vehicle’s actual registration had expired in 2

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Lynn Ramos and Javier Ramos v. United States of America Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Chicago, IL - Lynn Ramos and Javier Ramos sued the United States of America on a federal tort claim act personal injury auto negligence theory.

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