Toxic Tort Law
 
T.D. v. Kelcey Patton United States Court of Appeals - Denver, Colorado

T.D. sued Kelcey Patton under 42 U.S.C. § 1983 for violating his right to
substantive due process. He relies on a “danger-creation theory,” which provides that
“state officials can be liable for the acts of third parties where those officials created the
danger that caused the harm.” Currier v. Doran, 242 F.3d 905, 917 (10th Cir. 2001)
(quotations omitted).1

More...   $0 (08-30-2017 - CO)

Quinault Indian Nation v. Mary Linda Pearson Federal Courthouse - Seattle, Washington

Once again, the issue of tribal sovereign immunity and
cigarette taxes is back in the federal courts. In this iteration,
the Quinault Indian Nation (the Nation) sued Edward A.
Comenout, Jr.; Robert R. Comenout, Sr.; and other
defendants for engaging in a scheme to defraud the Nation
of taxes. When the Nation later asked the district court to
dismiss its action, Edwards e

More...   $0 (08-30-2017 - WA)

Alexandria Gregg v. State of Hawaii, Department of Public Safety Federal Courthouse - Honolulu, Hawaii

Alexandria Gregg learned she had psychological
disorders years after she underwent sexual shame therapy
sessions at a Hawaii correctional facility. Because Gregg
experienced feelings of embarrassment and humiliation
contemporaneously with her therapy sessions, the district
GREGG V. 4 STATE OF HAWAII DPS
court held her claims accrued on the last date that the sessions
oc

More...   $0 (08-29-2017 - HI)

Charles Sheffer v. Carolina Forge Company, LLC and Garrett Law Center, PLLC v. The Hershewe Law Firm, P.C.

1 This appeal involves two law firms disputing the trial court's division of a $234,462.34 contingent attorney fee fund. The court awarded $5,000.00 to attorney Rick Yohn, then awarded Appellant Garrett Law Center, PLLC (GLC) 25% of the fund and 75% to Appellee The Hershewe Law Firm, P.C. (HLF). We find the division was not against the clear weight of the evidence or contrary to law. Accordingly,

More...   $0 (08-22-2017 - OK)

William Parrish v. Latham & Watkins

To establish liability for the tort of malicious prosecution, a plaintiff must
demonstrate, among other things, that the defendant previously caused the
commencement or continuation of an action against the plaintiff that was not
supported by probable cause. We have held that if an action succeeds after a
hearing on the merits, that success ordinarily establishes the existence of p

More...   $0 (08-28-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba

More...   $0 (08-26-2017 - CA)

City of Houston v. Frank Nicolai and Debora Nicolai as Parents of Caroline Nicolai, Deceased Harris County Courthouse - Houston, Texas

In this interlocutory appeal,1 appellant, the City of Houston (the City), challenges the trial courts order denying its plea to the jurisdiction in the suit by appellees, Frank Nicolai and Debora Nicolai, as parents of Caroline Nicolai, deceased (the Nicolais), against the City for negligence and wrongful death.2 In its sole issue,3 the City contends that the trial court lacks subject-matter

More...   $0 (08-25-2017 - TX)

Mercury Casualty Company v. City of Pasadena

In 2011, a storm brought hurricane-force winds to the City
of Pasadena (City), uprooting more than 2,000 trees. One of
those trees fell on the home of Sarah and Christopher Dusseault,
causing severe property damage. Before it fell, the tree stood in a
parkway that abuts the Dusseaults property. Although the City
owned the tree, there is no record of who planted it.
In 2012

More...   $0 (08-25-2017 - CA)

Howard Construction Company, Inc. v. Texas Association of Women's Clubs

Appellant Howard Construction Company, Inc. sued appellee Texas Association
of Women’s Clubs for reformation of a deed, declaratory relief, establishment of an
easement by necessity, and an accounting. It also alleged claims of slander of title and
tortious interference with prospective business relations. TAWC filed a counterclaim
alleging breach of contract and requestin

More...   $0 (08-15-2017 - TX)

Marlow Humbert v. Mayor and City Council of Baltimore City, et al.

For over a year, Appellant Marlow Humbert languished in pretrial solitary confinement, charged with committing a heinous act of sexual assault. The questionable investigatory strategies of Baltimore City Police Department (BPD) officers led to Humberts unlawful arrest. Afterwards, the officers failed to inform the States Attorney that the victim could not positively identify Humbert and that D

More...   $0 (08-24-2017 - MD)

Tierney Darden v. City of Chicago

Chicago, IL - Jury Awards $148 Million To Plaintiff

Tierney Darden sued the City of Chicago on a governmental tort claim theory claiming that she was seriously injured and harmed when she was partially paralyzed by a collapsing O'Hare International Airport bus shelter during an August storm in 2015.

Darden, age 26, was sheltering under the bus stop on a lower-level street that ac

More...   $148000000 (08-24-2017 - IL)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending one each in state and federal court. The state action seeks to determine a defendants liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurers obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain

More...   $0 (08-21-2017 - PA)

Roger Vanderklok v. United States of America

Roger Vanderklok wanted to fly from Philadelphia to
Miami, where he intended to run a half-marathon. In his
carry-on luggage, he had a heart monitor and watch stored
inside a piece of PVC pipe that was capped on both ends.
During screening at the airport security checkpoint, the pipe
and electronics prompted secondary screening, supervised by
Transportation Security Adminis

More...   $0 (08-23-2017 - PA)

William Parrish v. Latham & Watkins

To establish liability for the tort of malicious prosecution, a plaintiff must
demonstrate, among other things, that the defendant previously caused the
commencement or continuation of an action against the plaintiff that was not
supported by probable cause. We have held that if an action succeeds after a
hearing on the merits, that success ordinarily establishes the existence of p

More...   $0 (08-21-2017 - CA)

Dennis Ponte v. County of Calaveras

Plaintiff Dennis Ponte is asking defendant County of Calaveras (County) to pay
him over $150,000 to reimburse him for work purportedly performed on the Countys
behalf pursuant to an oral contract. The contract did not contain any fixed payment, and
no bid was submitted--far less approved--pursuant to relevant county ordinances
governing public contracts. Ponte disregarded opportun

More...   $0 (08-18-2017 - CA)

Suleiman Abdullah Salim, et al. v. Dr. Bruce Jessen and Dr. James Mitchell Federal Courthouse - Spokane, Washington

Spokane, WA - Doctors Who Approved Torture Settle Lawsuit

Mohamed Ahmed Ben Soud, Obaid Ullah and Suleiman Abdullah Salim sued Dr. Bruce Jessen and Dr. James Mitchell on alien tort claim theories under 28 U.S.C. 1350 claiming that they were injured and harmed as a direct result of brutal interrogation techniques devised by the Defendants for use by the CIA. The Plaintiffs claimed that th

More...   $0 (08-17-2017 - )

Frankie N. Walker, Sr. v. Guy Groot and Steven Schostak

The plaintiff in this case wants a
new trial based on a jury instruction he agreed to and admission
of two exhibits to which he did not object on the grounds
he argues on appeal. The plaintiff waived at trial the arguments
he raises on appeal, so we affirm the judgment of the
district court.
2 No. 14-2478
I. Factual and Procedural History
Plaintiff Walker has lived

More...   $0 (08-17-2017 - IL)

National Credit Union Administration Board v. Stan Jurcevic

The National Credit Union Administration Board accused Stan and Bara Jurcevic and their privately owned company, Stack Container Service, of fraudulently obtaining loans from St. Paul Croatian Federal Credit Union. In response, the district court enjoined Stan Jurcevic from disposing of all of his assets, save living expenses, before the trial over these allegations. It also dismissed the Boards

More...   $0 (08-11-2017 - OH)

The Housing Authority of the City of Pitcher, Oklahoma v. United States of America

In this interpleader action, the Board of County Commissioners of the County
of Ottawa, Oklahoma (the County) appeals the district courts entry of summary
judgment to the United States, on behalf of the Secretary of the Department of
Housing and Urban Development (HUD). Exercising jurisdiction under 28 U.S.C.
1291, we affirm.
I. BACKGROUND
In the 1960s, the Housing Autho

More...   $0 (08-11-2017 - OK)

City of Bedford, Texas v. Apartment Association of Tarrant County, Inc.

The Apartment Association of Tarrant County, Inc. is a trade association
whose members include multifamily-property owners in Bedford, Texas. In this
suit, the Association is representing and advocating for its members interests by
seeking to protect them from what it alleges are excessive fees, too-frequent
1See Tex. R. App. P. 47.4.
2
inspections, and unlawful taxes impo

More...   $0 (08-10-2017 - TX)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia Khalil sued Memorial Hermann Health System for defamation, tortious interference with an existing contract, conspiracy, and intentional infliction of emotional distress. Khalil, age 77, also sued for age discrimination. Memorial Hermann sought to dismiss several of her claims under summary dismissal procedures found in the Texas

More...   $0 (08-08-2017 - TX)

Lover Compton v. Lance Jue, D.D.S, and Lance Jue, D.D.S. d/b/a Beautifiul Smile at Lake Pointe

Appellant, Lover Compton, challenges the trial courts rendition of summary judgment in favor of appellees, Lance Jue, D.D.S. and Lance Jue, D.D.S. doing
2
business as A Beautiful Smile at Lake Pointe1 (collectively, Dr. Jue), in her suit against Dr. Jue for dental malpractice, negligence, breach of warranty, lack of informed consent, medical battery, promissory estoppel, fraud, and viol

More...   $0 (08-08-2017 - TX)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (Levco) sued Cleveland Construction, Inc. (CCI) and Whole Foods Market Rocky Mountain/Southwest L.P. (Whole Foods) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (the Project). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial, the trial cour

More...   $0 (08-10-2017 - TX)

Energy Insurance Mutual Limited v. Ace American Insurance Company

This insurance coverage dispute arises from a massive explosion that occurred
when an unmarked petroleum pipeline was struck by an excavator. Numerous lawsuits
were filed against a range of defendants, including the pipeline owner and the staffing
agency providing personnel to the pipeline. After settling the lawsuits against the
pipeline owner, an excess insurer for the pipeline s

More...   $0 (08-12-2017 - CA)

Melony Light v. California Department of Parks and Recreation

* Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for
publication with the exception of parts III and V.

Kamala D. Harris, Attorney General, Chris A. Knudsen, Assistant Attorney
General, Christine Mersten and Jodi L. Cleesattle, Deputy Attorneys General, for
Defendant and Respondent California Department of Parks and Recreation.
Plaintiff Melo

More...   $0 (08-09-2017 - CA)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher