Toxic Tort Law |
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Ashok B. Patel, Ramesh Patel, Naresh Patel, and Manilal B. Patel v. Roger Pate and Pate Development, Inc.
Tarrant County Courthouse - Fort Worth, Texas
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The resolution of this interlocutory appeal from the denial of special
appearances turns on an application of the burden-shifting standards described
in Kelly v. General Interior Construction, Inc., 301 S.W.3d 653, 658–59 (Tex.
1See Tex. R. App. P. 47.4.
2
2010). Because the appellees in this case brought forward legally and factually
sufficient evidence in support of their
More... $0 (07-10-2017 - TX)
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Veena Kumari v. The Hospital Committee for the Livermore-Pleasanton Areas
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On October 29, 2013, while she was hospitalized after giving birth, Veena Kumari
fell and broke her right shoulder. On February 19, 2014, Kumari sent ValleyCare Health
System (ValleyCare) a detailed letter describing her injury and the basis for her “medical
negligence” claim. Kumari requested $240,000 and advised ValleyCare she would
“move to the court” if she did not receive a ch
More... $0 (07-07-2017 - CA)
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Joseph Petitpas v. Ford Motor Company
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Plaintiffs Marline Petitpas1 and Joseph Petitpas sued Ford
Motor Company, Exxon Mobil Corporation, Rossmoor
Corporation,2 and others, alleging that exposure to asbestos
caused by these defendants resulted in Marline’s mesothelioma.
Motions for summary adjudication were granted before trial,
narrowing the claims against Exxon and Ford. During trial, the
court granted nonsuit
More... $0 (07-06-2017 - CA)
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Vladlena Funk v. Belneftekhim, a/k/a Concern Belneftekhim, Belneftekhim, U.S.C., Inc.
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In this action, originally filed in New York State court, plaintiffs Emanuel
Zeltser and Vladlena Funk sue defendants Concern Belneftekhim (“BNTK”) and
Belneftekhim USA, Inc. (“BUSA”) for their alleged roles in plaintiffs’ 2008
abduction from London and their prolonged detention in Belarus by authorities
3
of that country. After defendants removed the case to the United States
More... $0 (06-29-2017 - NY)
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Mattie Halley v. Honeywell International Inc., PPG Industries, Inc.
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This is an appeal from the approval of a settlement of a Federal Rule of Civil Procedure 23(b)(3) class action arising out of hexavalent chromium contamination in Jersey City,
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New Jersey. The class action was brought on behalf of property owners in several neighborhoods in Jersey City whose homes were allegedly contaminated by byproducts disposed of at two chromium chemical manufacturing
More... $0 (07-03-2017 - NJ)
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Louise Blanyar v. Genova Products, Inc.
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Appellants, former employees of Appellee Genova
Products Inc. (“Genova”), challenge the District Court’s
decision to dismiss their putative class action for medical
monitoring as barred by the applicable two year statute of
limitations. While acknowledging that their exposure to the
alleged toxic substances upon which they base their medical
monitoring claims ended more tha
More... $0 (07-03-2017 - PA)
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Beckloff v. Amcor Rigid Plastics USA, L.L.C.
The Ugly Truth About Age Discrimination
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On February 27, 2012, Amcor hired Michael Beckloff, then 61, as a
production supervisor at its Bellevue, Ohio facility. Amcor’s human resources manager,
Thomas Hall, and its operations manager, Chris Robinson, participated in the decision to
hire Beckloff. As a production supervisor, Beckloff reported to Robinson.
{¶ 3} Beckloff had extensive past experience as a supervisor,
More... $0 (07-01-2017 - OH)
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Victor Duarte v. Pacific Specialty Insurance Company
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Not long after Victor Duarte bought an insurance policy from Pacific Specialty
Insurance Company (Pacific) to cover a rental property he owned, he was sued by his
tenants. When Pacific refused to defend him against the tenants’ claims, Duarte sued
Pacific, seeking, among other things, a declaration that Pacific was required to defend
him in the tenant suit. The trial court granted
More... $0 (06-30-2017 - CA)
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Marie A. Hicks-Fields v. Harris County
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While being temporarily segregated in an attorney visitation booth, Norman F. Hicks, Sr., punched Harris County Detention Officer Christopher Pool in the face, prompting a responsive punch from Pool. As Hicks fell down, he struck his head on a concrete ledge in the booth. There were two other officers on the scene, one of whom looked through a window in the door and saw Hicks starting to lift hims
More... $0 (06-27-2017 - TX)
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Brian Pellham v. Let's Go Tubing, Inc., et al.
Washington Supreme Court Building - Olympia, Washington
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This appeal asks: does an inner tube rental company owe a duty
to warn a renter about a fallen log in a river when the log is hidden from but near the
launch site, the river's current draws the tuber toward the log, the company knows of the
fallen log, the company warns other tubers of the log, and the company chooses the
launch site? To answer this question, interests, such as exh
More... $0 (06-27-2017 - WA)
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Raymond A. Schep v. Capital One, N.A.
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Are a trustee’s acts in recording a notice of default, a notice
of sale, and a trustee’s deed upon sale in the course of a
nonjudicial foreclosure privileged under Civil Code section 47?1
We conclude that they are and that a plaintiff does not state a
cause of action for slander of title based on the recording of those
documents. Accordingly, we affirm the trial court’s order
More... $0 (06-27-2017 - CA)
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Joseph Bailey v. City of Ann Arbor, et al.
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In this qualified immunity case, Ann Arbor police officers
relied on a security camera’s footage of a robbery, allegedly without accounting for inconsistent
eyewitness testimony, in drafting a search warrant for Joseph Bailey’s residence. Yet the
warrant did not say whether the description of Bailey came from the robbery victim or just the
video and indeed mentioned both sources of
More... $0 (06-20-2017 - MI)
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Alberto Reyes, Jr. v. Lincoln Automotive Financial Services
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Plaintiff‐appellant Alberto Reyes, Jr., appeals a judgment of
11 the United States District Court for the Eastern District of New York
12 (Leonard D. Wexler, J.). Judgment was entered following the grant
13 of summary judgment to the defendant‐appellee, Lincoln
14 Automotive Financial Services (“Lincoln”), on Reyes’s claim for
15 damages stemming from Lincoln’s alle
More... $0 (06-22-2017 - NY)
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Kim Meline v. State of Washington and Western State Hospital
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Tacoma, WA - Jury Awards Plaintiff $2.9 Million In Damages On Wrongful Death Claim
Kim Meline sued The State of Washington and Western State Hospital on governmental tort claim wrongful death theories claiming that she was damaged as a direct result on negligence on the part of the Defendants' employees for the death of Robert Meline, age 59, who was killed as he slept in 2013 by Jonatha
More... $2900000 (06-24-2017 - WA)
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Jefferson County, Texas v. Victor Stines
Jefferson County Courthouse - Beaumont, Texas
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Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (
More... $0 (06-23-2017 - TX)
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Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett
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Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l
More... $0 (06-20-2017 - TX)
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Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.
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Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora
More... $0 (06-23-2017 - tx)
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Lindemann Properties, LTD. v. Ward A. Campbell
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Appellant Lindemann Properties, Ltd. filed a motion for rehearing and a motion for en banc reconsideration of our opinion that issued on December 8, 2016. We deny both motions, withdraw our opinion and judgment dated December 8, 2016, and substitute the following.
2
I. INTRODUCTION
Lindemann sued Appellee Ward A. Campbell for a declaration that Campbell’s radio-transmission-tower easem
More... $0 (06-23-2017 - TX)
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MAUREEN HARDEN HERD, et al. v. SHRAUNER FEEDYARD, LLC
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Herd owns a parcel of land in the southeast quarter of section 32 of Protection Township in Comanche County, Kansas. This parcel of land has been in Herd's family since her grandfather purchased it in 1925; in 1950, the family built a farm house on the land, which is currently occupied by Herd's son and daughter-in-law.
Shrauner owns approximately 310 acres of land in section 33 of Pro
More... $0 (06-22-2017 - KS)
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Joseph Husman v. Toyota Motor Credit Corporation
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Joseph Husman, a 14-year employee of various Toyota
divisions at its Torrance campus in southern California, ran the
diversity and inclusion program for Toyota Financial Services
U.S.A., the brand name for Toyota Motor Credit Corporation (TFS
or Toyota). Following his termination in 2011, Husman sued
Toyota for discrimination and retaliation in violation of the Fair
Employm
More... $0 (06-22-2017 - )
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Vladek Filler v. Mary Kellett, et al.
United States Court of Appeals for the First Circuit
Boston, Massachusetts
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This appeal arises out of the
state prosecution of Vladek Filler in 2009. He was initially
indicted on five counts of gross sexual assault and two counts of
assault of his then-wife Ligia Arguetta Filler. After two trials
-- and two appeals to the Maine Law Court -- he was convicted only
of one misdemeanor assault count, which he is still challenging.
In the wake of these e
More... $0 (06-21-2017 - ME)
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Steven Wright v. United States of America
Federal Courthouse - Spokane, Washington
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Spokane, WA - Federal Tort Claim Act Medical Malpractice Case Dismissed
Chief United States District Judge Thomas O. Rice entered an Order dismissing a medical malpractice lawsuit filed against the Veterans Administration by the children of a Navy veteran. See Order (attached hereto).
According to information disclosed during the court proceedings, Steven Wright presented himself
More... $0 (06-20-2017 - WA)
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Shannon T. Clark v. Board of County Commissioners of Tulsa County
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Tulsa, OK - Shannon T. Clark v. Board of County Commissioners of Tulsa County
Issue # 1. Issue: TORT- PERSONAL (Wrongful Termination) (TORTP)
Filed By: CLARK, SHANNON T
Filed Date: 08/29/2016
Party Name Disposition Information
Plaintiff: CLARK, SHANNON T Disposed: DEFAULT JUDGEMENT, 08/29/2016. Judge
Docket
Date Code Description Count Party Amount
08
More... $150000 (08-29-2016 - OK)
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Carmen Zubillaga v. Allstate Indemnity Company
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In this first party insurance bad faith action, the question is whether the
court properly granted summary judgment for the insurer, based on the “genuine dispute”
doctrine. (See Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th 713, 723 (Wilson).)
Plaintiff Carmen Zubillaga was injured in an automobile accident. The
other driver was at fault. Her insurer, defendant Allstate Indemn
More... $0 (06-20-2017 - CA)
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Rodney Brossart, et al. v. Kelly Janke, et al.
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During confrontations that extended over two days at the Brossart family
farmstead in Nelson County, North Dakota, Deputy Sheriff Eric Braathen tased both
Rodney Brossart and his son, Thomas Brossart. The Brossarts, including Rodney’s
wife, Susan, brought this action against Braathen, his supervisor, Sheriff Kelly Janke,
and Nelson County, asserting federal claims under 42 U.S.C. §
More... $0 (06-19-2017 - ND)
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