Toxic Tort Law
 
Sheldon Fong v. East West Bank

Plaintiff Sheldon Fong is an octogenarian real estate investor who sought to help
some younger friends establish a real estate business. He borrowed money in his own
name and stood behind two loans that he helped the new business procure from defendant
East West Bank (Bank). When some of these transactions ended badly, Fong brought
this action, alleging conversion and financial abu

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STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a

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Animal Legal Defense Fund, et al. v. Lawrence G. Wasden District of Idaho Federal Courthouse - Boise, Idaho

Investigative journalism has long been a fixture in the American press, particularly with regard to food safety.1 In the early 1900s, Upton Sinclair highlighted conditions in the meat-packing industry in The Jungle, a novel based on his time working incognito in a packing plant.2 This case also originates in the agricultural sector�a secretly-filmed expos� of the operation of an Idaho dairy fa

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City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.

More...   $0 (01-08-2018 - CA)

Kathryn Dech and Bayna Brantley v. Union Public Schools



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Tulsa, OK - Kathryn Dech and Bayna Brantley sued Union Public Schools on a governmen

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John Lipsey v. United States of America, et al. Central District of Illinois Federal Courthouse - Urbana, Illinois

In this appeal, John Lipsey seeks
relief on behalf of his minor daughter J.L., for tragic injuries
suffered by J.L. at birth. The district court granted summary
judgment to the defendants, and Lipsey appeals that determination.
The facts underlying the grant of summary judgment are
set forth in detail in the district court opinion, and in relevant
part are as follows. On Ju

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SOMVANG CHANTHASALO Vs. MELISSA DESHOTEL, DEBRA SCHUM, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RONALD J. MITCHELL, USAA CASUALTY INSURANCE COMPANY, AND PROGRESSIVE SECURITY INSURANCE COMPANY

On January 17, 2014, while traveling on Interstate-10, near the Williams
Boulevard and Loyola Street exits in Kenner, Louisiana, Ms. Deshotel’s vehicle
rear-ended Mr. Chanthasalo’s truck (“Accident No. 1”). After the collision, Mr.
Chanthasalo and Ms. Deshotel pulled their respective vehicles onto the shoulder of
the road to assess property damages and report the accident to t

More...   $0 (01-06-2018 - LA)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he

More...   $0 (01-05-2018 - MI)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba

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David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The

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Carlos Morales v. David Barnes Dallas County Courthouse - Dallas, Texas

Appellant Carlos Morales asserts that the trial court erred in denying his motion to dismiss pursuant to chapter 27 of the Texas Civil Practice & Remedies Code. Morales also asserts that the trial court abused its discretion in granting appellee David Barnes’s motion to disregard Morales’s reply to Barnes’s response to motion to dismiss. We affirm in part and reverse in part.
BACKGROUND
Ba

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Josh Finkelman v. National Football League, et al. United States Third Circuit Court of Appeals

Plaintiff Josh Finkelman had the once-in-a-lifetime
opportunity to buy tickets to Super Bowl XLVIII held in his
home state of New Jersey in February 2014. However, the
National Football League (“NFL”) withheld almost all of these
tickets—99%—from the general public for league insiders,
offering the remaining 1% to lucky winners of a lottery that all
could enter. To get his

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Keith Turley v. Familian Corporation Alameda County California Courthouse - Oakland, California

Plaintiffs husband and wife sued for asbestos-related injury against numerous
defendants, including defendant Familian Corporation. Familian moved for summary
judgment on the basis that plaintiffs could not show exposure to asbestos in a Familianrelated
product. Plaintiffs’ opposition included a declaration from a third party witness
who had not been deposed, who testified in detai

More...   $0 (12-28-2017 - CA)

Dale A. Wilkerson v. University of North Texas, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

A Texas university declined to renew a lecturer’s contract. After several extensive but unsuccessful administrative appeals, that lecturer sued the school and its administrators, alleging a deprivation of his property interest in his job without due process and tortious interference with his employment con-tract. The district court denied summary judgment to the administrators on their immunity de

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Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba

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Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company Southern District of Texas Courthouse - Houston, Texas

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored the

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T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability

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Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc

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STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth

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Kevin Rothschild et al v. United States of America Department of Defense Department of the Army, Sercretary of the U.S. Army et al.

Cheyenne, WY - Kevin Rothschild et al. sued the United States of America Department of Defense Department of the Army, Sercretary of the U.S. Army et al. on a federal tort claim negligence theory under 28 U.S.C. 2671.

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Jacqueline Benjamin v. B & H Education, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs are students of cosmetology and hair design at
schools in California and Nevada operated by defendant B&H
Education, Inc., under the name of Marinello Schools of
Beauty. Plaintiffs claim that they are employees within the
meaning of the Fair Labor Standards Act (“FLSA”), and
under California and Nevada state law, on the ground that
much of their time is spent in

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DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA First Presbyterian Church of Tulsa

Appellant/Doe filed suit against The First Presbyterian Church U.S.A. ("FPC"), of Tulsa, Oklahoma and its minister, James D. Miller, ("Appellees"), based on theories of torts and breach of contract. Doe seeks damages arising out of alleged harm he incurred from Appellees' publishing notice of his baptism on the world wide web. Doe claimed that he advised Appellees of the need to keep his baptism p

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Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr

More...   $0 (12-18-2017 - CA)

Roger Liverman and Aaron Liverman v. Denton County, Texas, Denton County Criminal District Attorney, Paul Johnson, Lara Tomlin, Rick Daniel, and Lindsey Sheguit

This case arises from an unfortunate family dispute among Appellants
Roger Liverman and Aaron Liverman, on the one side, and Katheryn Payne Hall
(Roger’s daughter and Aaron’s sister) on the other. The dispute is rooted in a
1See Tex. R. App. P. 47.4.
2
disagreement over mechanic’s liens filed by Appellants against Hall’s home in
2008. See Liverman v. State, 470 S.W.3d 831,

More...   $0 (12-14-2017 - TX)

The City of The Colony, Texas v. Mark and Kim Rygh

The primary question in this interlocutory appeal from the denial of Appellant The City of The Colony, Texas’s jurisdictional plea is whether a nexus
1See Tex. R. App. P. 47.4.
2
exists between the City’s use of a “Vac” truck to clear a blockage in a sewer main and the property damage that Appellees Mark and Kim Rygh sustained when their residence flooded with raw sewage. Because we re

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