Toxic Tort Law
 
Russell City Energy Company, LLC v. City of Hayward

The “Payments Clause” of an agreement between Russell City Energy Company,
LLC (Russell) and the City of Hayward (City) prohibited the City from imposing any
taxes on the “development, construction, ownership and operation” of Russell‟s power
plant except taxes tethered to ownership of real property. The question in this case is
whether Russell‟s interpretation of the P

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University of North Texas Health Science Center v. Jessica Jimenez, Jennifer Galo, Catherine Frank, in Their Individual Capacities, and William Tyler II, as Independent Administrator of the Estate of Pamela J. Knight, Deceased

We are asked to decide, under section 101.101(c) of the civil practice and
remedies code, whether certain entries in medical records equate to actual notice
to Appellant University of North Texas Health Science Center, a governmental
unit, of an injury to its patient Pamela Knight—an injury that is alleged to have
triggered a cascade of problems leading to her death. If the

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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

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Mountain Air Enterprises, LLC v. Sundowner Towers, LLC

In this complex real estate purchase transaction, the seller brought a breach
of contract action against the buyers for failing to purchase the subject property.
The defendant buyers asserted an affirmative defense of novation, arguing that
they were not liable under the purchase agreement because it had been superseded
by the parties‟ option agreement; that option agreement

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Carolyn McNeill v. Town of Islip

Islip, NY - Jury Awards Woman $14.5 Million In Damages

Carolyn McNeill, age 54, sued the Town of Islip on a governmental tort claim negligence theory claiming that she was injured and damaged as a direct result of the Town to inspect and repair or replace a street sign that fell and struck her on the head in 2007. Plaintiff that as a result of the injury, she is confined to a wheelchair

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Joanne Cote v. Derby Insurance Agency, Inc. and Kevin Dorn

Joanne Cote worked for Derby Insurance Agency from 1998 until 2014. In
2014, she sued the agency and Kevin Dorn (collectively, Derby),1 alleging sexual
discrimination based on a hostile work environment, as well as the torts of
intentional infliction of emotional distress and assault. On interlocutory appeal,
Derby challenges the district court’s denial of its motion for summary ju

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Bradley L. Sweeney v. The City of Decature

¶ 1 In February 2016, plaintiff, Bradley L. Sweeney, filed a two-count complaint against
defendant, the city of Decatur (City), his former employer, and Tim Gleason, the City’s
manager. In April 2016, plaintiff filed an amended complaint against only the City. In
response, the City filed a combined motion to dismiss the amended complaint under section
2-619.1 of the Code of Civil P

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Pekin Insurance Companyv. St. Paul Lutheran Church

¶ 1 This is an action for declaratory judgment. The plaintiff is Pekin Insurance Company
(Pekin), and the two defendants are St. Paul Lutheran Church of Roberts, Illinois (church), and
Hope Farney, the independent administrator of the estate of Kitty Mullins, deceased.
¶ 2 In a case separate from this one—the underlying tort case—Farney is suing the church for
wrongful death, alleg

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Amy Bolton v. George K. Fisher

While walking to her mailbox on July 10, 2014, Amy Bolton was viciously attacked by two dogs owned by her neighbor, Mataba Kisenda Tucker. After undergoing seven surgeries as a result of the attack, Bolton sued Tucker and her landlord, George K. Fisher, and asserted separate causes of action for negligence, strict liability, public nuisance, and private nuisance. Among other things, Bolton’s petit

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Joseph Chalifoux v. Jennifer Chalifoux, Shaun Woods and Town of Tyingsborough United States Court of Appeals For The First Circuit - Boston, Massachusetts

Appellee Jennifer Chalifoux ("Jennifer")
filed for divorce from her husband, appellant Joseph Chalifoux
("Joseph"), on May 5, 2010. The subsequent divorce proceedings
were highly contentious1 and spawned a torrent of additional
lawsuits in various federal and state courts. The case before us
now is the latest iteration of these lawsuits, wi

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The Estuary Owners Association v. Shell Oil Company

In three cases consolidated in the trial court, the Estuary Owners Association
(EOA) and individual owners of condominiums built on the site of a former bulk fuel
distribution terminal sued successive owners and developers of the property, as well as
contractors involved in constructing the condominiums, over alleged contamination of
the soil and groundwater at the site and imprope

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State of California v. Big Lots Stores, Inc.

San Bernardino, CA - Big Lots Stores, Inc. to pay $3.5 million to settle hazardous waste violations

District Attorney Mike Ramos, together with 34 other California District Attorneys and 2 City Attorneys, announced today that San Bernardino County Superior Court Judge Bryan F. Foster has ordered Ohio-based company Big Lots Stores, Inc., and its subsidiary corporations, that own and operat

More...   $3500000 (04-27-2017 - CA)

Filmon.com v. Doubleverify, Inc.

Plaintiff FilmOn.com (FilmOn) is an Internet-based
entertainment media provider. Defendant DoubleVerify, Inc.
(DoubleVerify) provides authentication services to online
advertisers. FilmOn sued DoubleVerify for trade libel, slander,
and other business-related torts, alleging DoubleVerify falsely
classified FilmOn’s websites under the categories “Copyright
Infringement-File S

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Kawika Demara v. The Raymond Corporation

In this products liability case, plaintiffs Kawika Demara (Demara) and Sandra
Demara (together, Plaintiffs) appeal from a summary judgment granted in favor of
defendants The Raymond Corporation (Raymond) and Raymond Handling Solutions,
Inc. (RHSI) (together, Defendants). As relevant to this appeal, Plaintiffs asserted claims
for strict liability and negligence based on injuries Dem

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Bernie Alvarez v. Seaside Transportation Services, LLC

Plaintiff and appellant Bernie Alvarez was injured at work
when he drove a maintenance van into a shipping container.
Plaintiff’s employer, Pacific Crane Maintenance Company
(PCMC), had been hired by Evergreen Container Terminal
(Evergreen) to perform maintenance work at a marine container
terminal. Plaintiff sued Evergreen and two of its contractors
alleging general neglig

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Bernie Alvarez v. Seaside Transportation Services LLC

Plaintiff and appellant Bernie Alvarez was injured at work
when he drove a maintenance van into a shipping container.
Plaintiff’s employer, Pacific Crane Maintenance Company
(PCMC), had been hired by Evergreen Container Terminal
(Evergreen) to perform maintenance work at a marine container
terminal. Plaintiff sued Evergreen and two of its contractors
alleging general neglig

More...   $0 (07-21-2017 - CA)

William Cody Kimbell v. The State of Texas Sixth Court of Appeals, Texarkana, Texas

William Cody Kimbell pled guilty to the lesser-included offense of possession of one gram
or more but less than four grams of a Penalty Group 1 controlled substance.1 The trial court found
two enhancement allegations true2 and sentenced Kimbell to fifty years’ confinement.
On appeal, Kimbell urges various issues, mostly concerning his mental state at trial. We
affirm the judg

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Rajina Hess v. Volkswagen Group of America, Inc.

¶1 The trial court previously granted attorney fees against Defendant/Appellant/Counter-Appellee Volkswagen Group of America, Inc., (Volkswagen) in an amount exceeding $7 million in this multi-jurisdictional, class action law suit. In an appeal from that award, the Oklahoma Supreme Court concluded the trial court abused its discretion by failing to deduct the entirety of fees claimed in certain "f

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Michael Segaline v. State of Washington

The doctrine of qualified immunity shields a government official
from civil liability and money damages unless the plaintiff shows violation of a
constitutional right that is clearly established at the time of the challenged conduct. The
Washington State Department of Labor and Industries and Regional Safety and Health
Coordinator William Alan Croft appeal the jury verdict in favor

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Noel Don Juan v. The State of Texas Court of Appeals - 4th District Aggravated sexual assault of a child

According to the record, Juan moved in with his girlfriend Natasha and her children in
2008. After moving in and out several times over approximately four years, Juan moved out for
the last time in 2012. Natasha testified that in July 2013, after she picked her daughter J.M. up
after a sleepover at a friend’s house, J.M. made an outcry, telling Natasha that Juan had sexually

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Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site, following the collapse of a crane. The claimant was the general contractor’s superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the

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Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb

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Residences at Riverdale, L.P. and Residences at Riverdale GP. LLC. v. Dixie Carpet Installations, Inc.

This appeal arises from underlying contracts involving the installation of carpet at an
apartment complex. The jury returned a verdict in favor of appellee Dixie Carpet Installations,
Inc. (Dixie) on all of its claims against appellants Residences at Riverdale, LP and Residences at
Riverdale GP, LLC (Riverdale) and awarded Dixie $142,898 in tort damages and $285,796 in
exemplary da

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Eric Drake v. Stephen Walker, et al.

In this opinion, we must decide two issues of first impression. First, we address whether the filing of a petition pursuant to Texas Rule of Civil Procedure 202 to “investigate” a “potential” health care liability claim triggers the requirement of a plaintiff to file an expert report pursuant to section 74.351(a) of the Texas Civil Practice and Remedies Code. See TEX. R. CIV. P. 202; TEX. CIV. PRA

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Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Arshad Yousuf, M.D. v. George Cohlmia, M.D. and Cardiovascular Surgical Specialists Corporation



Issue # 1. Issue: TORTIOUS INTERFERENCE CONTRACT (INTERFERE)
Filed By: YOUSUF, ARSHAD MD
Filed Date: 11/15/2004
Party Name Disposition Information
Defendant: CARDIOVASCULAR SURGICAL SPECIALISTS CORP Disposed: JUDGEMENT FOR PLAINTIFF, 02/09/2006. Jury

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