Toxic Tort Law
 
Bankers Trust Company v. Joy R. Brown

¶1 Defendant, Joy R. Brown, appeals from the trial court's dismissal of her counter-claims against Bankers Trust Company, and her cross-claims against Saxon Mortgage, Inc. (collectively, Lenders). The issue on appeal is whether Defendant stated a cause of action against Lenders sufficient to withstand their motions to dismiss. Upon review of the pleadings and applicable law, we conclude that the t

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Glenn E. Bras v. First Bank & Trust Company of Sand Springs, Oklahoma

¶1 On May 26, 1976, Glenn E. Bras (petitioner or Bras) obtained an unsecured loan in the amount of $240,000 from First Bank & Trust Company of Sand Springs, Oklahoma (respondent or First Bank), for which sum he executed a promissory note. The single payment loan was made on a demand basis, with a maturity date of July 26, 1976, if demand was not made. Bras made a deferral payment on or about July

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David Bruce McDermott v. Sentry Life Insurance Company, Inc. and Steven A. Marzett

¶1 We review this matter on reassignment from the Oklahoma Supreme Court pursuant to its order of April 12, 1999, vacating our opinion issued June 9, 1998, and directing us to reconsider this cause based upon the full trial court record and additional briefs submitted since the date of our opinion. Based on reconsideration of the record, the parties' briefs, the amicus brief submitted by the Unite

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Charles D. Croslin, et al. v. Enerlex, Inc.

¶1 Charles D. Croslin,1 Glenn Croslin, and Irma Jean Gowin (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The dispositive issues on certiorari are: 1) whether the summary judgment record on appeal establishes that defendant owed the plaintiffs a duty to disclose the pooling order and the accrued mineral proceeds when it made an unsolicited offer t

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Louis H. Lundgaard v. Stephen C. Baxter, et al.

¶1 Did one mining partner obtain an assignment of the other partner's interest in an oil and gas lease joint venture by means of fraud and deceit, requiring the trial court to either rescind the assignment or award damages or both? The trial court held the evidence disclosed no malfeasance on the part of the assignee partner and denied relief to the complaining assignor.

¶2 The aggrieved

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Norman J. Coble v. Melinda Bowers, First State Bank and First Life Assurance Company

¶1 Plaintiff Norman J. Coble appeals the summary judgment granted in favor of defendants Melinda Bowers, First State Bank, and First Life Assurance Co. Defendant Security Life Assurance Co. was dismissed without prejudice prior to judgment and is not a party to this appeal. Having reviewed the record and applicable law, we affirm in part, reverse in part and remand.

¶2 In 1985, Bank loane

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Melissa Mays v. City of Flint, Michigan Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

This case arises out of the drinking-water
crisis in Flint, Michigan. The Plaintiffs are residents of the City of Flint who represent
themselves and seek to represent a class of similarly situated individuals. They allege that they
have been harmed since April 2014 by the toxic condition of the Flint water supply. The
Plaintiffs filed suit against several City and State officials i

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Roff Arden and bobbi Arden v. Forsberg & Umlauf, P.S., et al.

This case involves claims of breaches of fiduciary duty and
legal malpractice against lawyers hired to defend insureds in a civil action where
the insurance company provided the defense.^ The insureds claim the lawyers
violated their professional responsibilities by failing to disclose a potential conflict
^ The Court of Appeals and the parties in their briefing characterized the i

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Michelle Moody v. Atlantic City Board of Education Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Michelle Moody sued the Atlantic City Board of Education (“Board”) for sexual harassment and retaliation pursuant to Title VII, 42 U.S.C. §§ 2000e-2(a)(1), 3(a), and the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. §§ 10:5-12(a), (d). The District Court granted summary judgment to the Board, finding that the alleged harasser, Maurice Marshall, was not Moody’s supervisor. Becaus

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Craig Zuber v. Boscov's Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether a former employee waived his right to assert claims under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2617 (“FMLA”), and Pennsylvania common law when he signed a Compromise and Release Agreement (“C&R”) to settle his workers’ compensation claims. The District Court held that the former
3
employee had waived his claim, and granted Boscov’s

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Plute Home Corporation v. American Safety Indemnity Company

In this insurance defense dispute, defendant and appellant American Safety
Indemnity Company (American Safety or ASIC) challenges a judgment after court trial
that awarded over $1.4 million in compensatory and punitive damages to plaintiff and
2
respondent Pulte Home Corporation (Pulte), who was the general contractor and
developer of two residential projects in the San Marcos

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J. Anthony Perez v. Federal Express, Inc. and Shad Morris

Tulsa, OK - J. Anthony Perez v. Federal Express, Inc. and Shad Morris

Issue # 1. Issue: ASSAULT & BATTERY (A&B)
Filed By: PEREZ, J ANTHONY
Filed Date: 10/07/2016
Party Name Disposition Information
Defendant: FEDERAL EXPRESS INC Disposed: DISMISSED - SETTLED, 08/21/2017. Dismissed- Settled
Defendant: MORRIS, SHAD Disposed: DISMISSED - SETTLED, 08/21/2017. Dis

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David Martin v. Gonzaga University

David Martin sues his former employer, Gonzaga University, for
discharge in employment in violation of public policy and for a violation of a statute
allowing an employee access to his personnel file. We affirm a summary judgment
dismissal of the wrongful discharge claim. Martin fails to present evidence to support the
fourth element of the claim, that element being the absence of

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Jamie Landry v. Charlotte Motor Cars, LLC and American States Insurance Company Charlotte County Florida Courthouse - Punta Gorda, Florida

Jamie Landry appeals the trial court's order that dismissed her action for alleged odometer fraud against Charlotte Motor Cars, LLC, and American States Insurance Company (collectively, "the Dealership"), as a sanction for the asserted
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spoliation of the vehicle in question after it was repossessed. Because the Dealership failed to establish that the vehicle was lost, misplaced, or de

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United States of America v. Jaime Valente Pina, Jr. Federal Courthouses - Western District of Michigan

Grand Rapids, MI - Texas Man Receives 87 Months' Imprisonment For Trafficking Cocaine In Muskegon And Oceana Counties

Jaime Valente Pina, Jr. of Alamo, Texas was sentenced to 87 months’ in prison for participating in a cocaine distribution conspiracy that operated in and around Muskegon and Oceana counties from the summer of 2015 until August 2016. In addition to his prison term, the Cour

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Jane Doe v. Etihad Airways, P.J.S.C. Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Plaintiff Jane Doe and her eleven-year-old daughter flew aboard
Etihad Airways from Abu Dhabi to Chicago. For the duration of the fourteen-hour journey,
Doe’s tray table remained open in her lap because a knob that was meant to hold it in place had
fallen to the floor. During the flight, Doe’s daughter found the knob on the floor and gave it to
Doe, who placed it in a seatback pock

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Latrice Rubenstein v. Doe No. 1

In 2012, plaintiff, Latrice Rubenstein, filed a claim with defendant Doe
No. 1 (defendant), a public entity, alleging that from 1993 to 1994, when she was
a high school student, her cross-country and track coach, who was defendant’s
employee, sexually molested her. When the claim was denied, she commenced
the instant action against defendant and defendants Does Nos. 2-20. She alleg

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Angela Borrell v. Bloomburg University

This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications for private hospitals that partner with public universities. Angela Borrell, a student working at a private hospital through a public university’s clinical program, was dismissed for refusing to take a drug test in violation of hospital policy. S

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Rafael Oswaldo Barrientos and Evelyn Barrientos v. Ryley Good

Norman, OK - Rafael Oswaldo Barrientos and Evelyn Barrientos v. Ryley Good

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: BARRIENTOS, RAFAEL OSWALDO
Filed Date: 02/13/2015
Party Name Disposition Information
Disposed: JUDGEMENT FOR PLAINTIFF, 08/22/2017. Jury Trial
Docket
Date Code Description Count Party Amount
02-13-2015 TEXT

CI

More...   $1000 (08-22-2017 - OK)

Estate of Johann Michael Kudelka v. Ardmore Veterans Center and Oklahoma Department of Veterans Affairs

Oklahoma City, OK - Estate of Johann Michael Kudelka v. Ardmore Veterans Center and Oklahoma Department of Veterans Affairs

Issue # 1. Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed By: Estate Of Johann Michael Kudelka
Filed Date: 02/09/2016
Party Name Disposition Information
Plaintiff: Estate Of Johann Michael Kudelka Disposed: JUDGEMENT ENTERED, 08/15/2017. Judge
Doc

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Larita Barnes v. United States of America United States Court of Appeals for the Tenth Circuit Denver, Colorado

Brandon McFadden was a disgrace to law enforcement. He joined other corrupt
officers in fabricating evidence, stealing drugs and money from suspects, and selling
drugs. Plaintiff Larita Barnes is one of his victims. Perjured testimony by McFadden
and others convicted her of selling drugs. She was imprisoned until the officers’
corruption was revealed. Because McFadden was a special

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Erika Grotheer v. Escape Adventures, Inc.

Plaintiff and appellant Erika Grotheer is a non-English speaking German citizen
who took a hot air balloon ride in the Temecula wine country and suffered a fractured leg
when the basket carrying her and seven or eight others crash landed into a fence.
Grotheer sued three defendants for her injuries: the balloon tour company, Escape
Adventures, Inc. (Escape), the pilot and Escape’s

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Carolyn Mariani v. The State of Oklahoma, ex rel. Oklahoma State University

¶1 The question presented to this Court is whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 O.S. 2011 §§ 158(E) & 162(D), permit the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GT

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Charles Morse and Lesa Morse v. Michael Cloutier, et al. Federal Courthouse - Boston, Massachusetts

The Supreme Court has recognized
that "a man's house is his castle" and has interpreted the Fourth
Amendment to safeguard private homes against most warrantless
intrusions. Payton v. New York, 445 U.S. 573, 589-90, 596 (1980).
But there are some exceptions to this rule — and in this case, the
defendants (police officers acting as such) assert that exceptions
for exigent cir

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Tajie Major v. R.J. Reynolds Tobacco Company

William E. Major smoked two packs of cigarettes a day, on
average, from 1961 to 1989. He was diagnosed with lung cancer
in 1997, and died a year later. His wife, plaintiff Tajie Major,
brought suit against several manufacturers of cigarettes Major
had smoked, as well as manufacturers of asbestos to which he
had been exposed, alleging that Major’s smoking and his asbestos
ex

More...   $0 (08-31-2017 - CA)

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