Toxic Tort Law
 
Willis E. Urick, III v. Dana Urick as Trustee, etc.

A beneficiary filed a petition for instructions as to
whether the “no contest” clause of his mother’s trust had
been violated after his sister sought to reform the trust to
eliminate his interest. The sister, in her capacity as trustee,
filed a special motion to strike the petition under Code of
Civil Procedure section 425.16 (the anti-SLAPP statute),
1
which the probat

More...   $0 (10-09-2017 - CA)

Christian Shadid v. K 9 University, LLC and Angele Soriano Oklahoma Court of Civil Appeals - Oklahoma City, Oklahoma

¶1 Plaintiff/Appellant Christina Shadid appeals from the trial court's order dismissing her lawsuit against Defendant/Appellee Angel Soriano. Shadid was attacked by a dog while acting within the scope of her employment at Defendant K 9 University, LLC, a company that boards and trains dogs. Soriano is the owner and managing partner of K 9 University, as well as the owner of the dog that attacked S

More...   $0 (09-27-2017 - OK)

Darnice Linton v. DeSoto Cab Company, Inc.

Plaintiff Darnice Linton appeals from a judgment in favor of defendant DeSoto
Cab Company. Defendant initiated the trial court proceeding after the Labor
Commissioner found in favor of plaintiff on his claim for unpaid wages. Plaintiff had
alleged defendant violated certain wage and hour laws by requiring him to pay a set fee
(known as a “gate fee”) in exchange for obtaining a taxi

More...   $0 (10-06-2017 - CA)

P. M. and I. F. v. Texas Department of Family and Protective Services Comal County Courthouse - New Braunfels, Texas

Appellants P.M. and I.F. appeal from the district court’s order terminating their
parental rights.1 We affirm the district court’s order.
Procedural Background
P.M. is the mother of “Jenny,” born in November 2010, “Jack,” born in March 2012,
and “Jill,” born in March 2014. I.F. is the father of Jenny and Jack. Jill’s father, “Victor,” is not a
party to this appeal. In September

More...   $0 (10-05-2017 - TX)

City of Dallas v. Leslie Papierski Dallas County Courthouse - Dallas, Texas

Appellee Leslie Papierski sued the City of Dallas after she slipped and fell on a puddle of
water inside the Kay Bailey Hutchison Convention Center arena. The City filed a plea to the
jurisdiction asserting immunity under the Texas Tort Claims Act. The trial court denied the
City’s plea to the jurisdiction. On appeal, the City argues the trial court erred by denying its plea
to the

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United States of America v. Don Moss; Curtis Dantin; Grand Isle Shipyards, Inc.; Christopher Srubar Fifth Circuit Court of Appeals - New Orleans, Louisiana

A fatal welding accident occurred on an offshore oil platform in the Gulf
of Mexico in November 2012. Three years after that incident, the government
indicted the owner and operator of the platform and several oil platform
contractors, charging criminal violations of the Outer Continental Shelf Lands
Act (OCSLA), 43 U.S.C. §§ 1331, et seq., and the Clean Water Act, 33 U.S.C.
§§

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Givani Depianti v. Jan-Pro Franchising, Inc. Federal Courthouse - Boston, Massachusetts

Generation after generation of
parents have passed along a basic adage to their children: if at
first you don't succeed, try, try again. Such advice encouraging
perseverance can serve one well throughout a myriad of life
experiences. But while steadfast determination may, in the
abstract, be worthy of aspiration, the legal field has--as is often
the case--made an exception

More...   $0 (10-03-2017 - MA)

Premium Plastics Supply, Inc, Reginald Barham and Carol Barham v. Thomas Howell and Laura Howell Harris County Courthouse - Houston, Texas

This case involves a trial court proceeding to confirm an arbitration award in a commercial landlord-tenant dispute. Landlords Thomas and Laura Howell, appellees here, filed suit in the trial court to confirm an arbitration award in their favor against their former tenants, appellants Premium Plastics Supply, Inc. and
2
Reginald and Carol Barham. After the Howells moved for summary judgmen

More...   $0 (10-02-2017 - TX)

Stephen Lukacs v. Christina Brooke Ice Hillsborough County Courthouse - Tampa, Florida

R.J. Reynolds Tobacco Company (R.J. Reynolds) appeals a second amended final judgment entered in favor of Cindy Evers, in her capacity as personal representative of the Estate of Jacqueline Loyd. Evers' wrongful death action was predicated on claims that Loyd was an Engle1 class member and that Loyd's lung cancer was, at least in part, caused by R.J. Reynolds and Lorillard Tobacco Company (for who

More...   $0 (10-01-2017 - )

Sandra Slater v. Michael Leslie Lake v. Michael Skelton Eleventh Circuit - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

A majority of the Court has voted not to rehear en banc our decision in Lake v. Skelton, 840 F.3d 1334 (11th Cir. 2016), which held that Georgia’s sovereign immunity bars a complaint for damages against a deputy sheriff who failed to accommodate a dietary request from an inmate in a county jail in Georgia. The panel faithfully applied the arm-of-the-state test set out in Manders v. Lee, 338 F.3d 1

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Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,

More...   $0 (09-30-2017 - OK)

Danielle Harmon Burfine v. City of Santa Clara, et al.

Santa Clara, CA - City Pays $6.7 Million For Broken Leg From Excessive Force

Danielle Burfine sued the City of Santa Clara on a government tort claim theory claiming that her leg was broken when she attempted to prevent police officers from entering her home without a warrant in 2016. The officers wanted to arrest Ms. Burfine's daughter who was suspected of committing arson. Burfine clai

More...   $6700000 (09-29-2017 - CA)

Gregory Luce and Nicholas Newman v. Town of Campbell, Wisconsin and Tim Kelemen United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Interstate 90 runs through
the Town of Campbell, Wisconsin. The speed limit on I-90 in
the Town is 65 miles per hour. Two streets and one pedestrian
overpass cross the highway within the Town. A traffic
survey in 2008 found that between 23,000 and 29,000 trucks
and cars pass through the Town on I-90 every day.
2 No. 15-2627
Gregory Luce and Nicholas Newman, two members

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Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al. Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa

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Joey Miller v. Fortune Commercial Corporation

Joey Miller (Miller) sued defendant Fortune
Commercial Corporation, the owner and operator of a chain
of Seafood City markets, and several other defendants
(collectively, Defendants), because, allegedly, they illegally
denied him service when he tried to enter two different
Seafood City stores with his service dog. Miller alleged three
causes of action: violation of the Unr

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Robert C. Livingston v. Catherine Livingston Harris County Courthouse - Houston, Texas

This suit arises from the acrimonious relationship between Catherine Livingston and her step-son, Robert Livingston. Catherine sued Robert for assault, false imprisonment, and infliction of emotional distress. A jury found that Robert
2
had not assaulted or falsely imprisoned Catherine, but it did find that Robert had intentionally inflicted severe emotional distress on Catherine and that

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Dr. Ghyasuddin Syed and Southeast Texas Institute of Pain Management, P.A. v. Phu Huu Nguyen, Pharm. D. PLLC d/b/a Wellness Pharmacy and Phu "Paul" Huu Nguyen Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellants, Ghyasuddin Syed, M.D. and Southeast Texas Institute of Pain Management, P.A. (“STIPM”), challenge the trial court’s order denying their motion to dismiss2 the claims brought against them by appellees, Phu Huu Nguyen, Pharm. D., PLLC, doing business as Wellness Pharmacy (“Wellness Pharmacy”), and Phu “Paul” Huu Nguyen, for slander, tortious interference wi

More...   $0 (09-23-2017 - TX)

Jasmine Hayes v. John F. Law Muscogee County Courthouse - Columbus, Georgia

Columbus, GA - Jury Awards Woman $950,000 In False Imprisonment Case

Jasmine Hayes sued John F. Law, d/b/a Ace Bonding Co. on a false imprisonment and tort theories claiming that Defendant wrongfully handcuffed her place of employment thinking that she was someone.

The Defendant did not have a photograph or other information of the woman he was trying to find for bail jumping.

More...   $950000 (09-23-2017 - )

Travis Prichard v. The City of Oklahoma City

¶2 The dispositive issue on certiorari is whether 51 O.S. 1991 §155(6)1 provides immunity from liability when a police officer fails to provide appropriate medical care to those in police custody. Under these facts, we find that the City may not be immune from liability.

¶3 FACTS

¶4 It is undisputed that on June 10, 1995, Dekovan Bowler (Bowler), Michael Dean Cooper (Cooper), and

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Donadl Dewayne Moore v. Warr Acres Nursing Center, LLC

¶1 We retained this cause to address the dispositive issue of whether terminating a licensed practical nurse for missing work in a nursing center based on vomiting on the job and a doctor's note admitting that he should not work for three days due to an infection with influenza would violate public policy.1 We hold that it would. The public policy behind precluding a nursing home employee from wor

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Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th

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F.E.V., a Minor, etc. v. City of Anaheim

INTRODUCTION
The doctrine of res judicata or claim preclusion dictates that in ordinary
circumstances a final judgment on the merits prevents litigation of the same cause of
action in a second suit between the same parties. (DKN Holdings LLC v. Faerber (2015)
61 Cal.4th 813, 824 (DKN).) In rare circumstances, a final judgment may be denied
claim preclusive effect when to do so

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Minnie Marie Hopkins Silk v. Phillips Petroleum Company

¶1 Appeal from a jury verdict and judgment entered thereon against appellant, Phillips Petroleum Company (Phillips), for damages resulting from alleged fraudulent misrepresentation to plaintiff below, Minnie Marie Hopkins Silk (Silk). The jury apparently found that Phillips, acting through its agent, fraudulently induced Silk to sign an "option to renew clause" while she was executing a five-year

More...   $0 (07-21-1988 - OK)

Deutsche Bank National Trust Co. v. David Daniel

¶1 In this tort and contract action growing out of a foreclosure, Defendant/Third-Party Plaintiff/Appellant David Daniel (Borrower)1 appeals a summary judgment granted in favor of Third-Party Defendant/Appellee Ameriquest Mortgage Company (Ameriquest). After review of the facts and the law, we affirm.

FACTS

¶2 On November 11, 2005, Borrower and Defendant/Third Party Plaintiff Dia

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N.C. Corff Partnership, Ltd. v. Oxy USA, Inc.

¶1 Plaintiffs appeal from the trial court's grant of summary judgment to Defendant, OXY USA, Inc. (OXY), in this action for alleged pollution of groundwater by OXY's operation of oil and gas wells on or near Plaintiffs' property. Plaintiffs also seek review of the trial court's ruling dismissing the general partners of N.C. Corff Partnership, Ltd. (Partnership) as parties to the case. We reverse a

More...   $0 (07-20-1996 - OK)

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