Toxic Tort Law
 
Michael Pino v. The United States of America

¶1 The United States Court of Appeals, Tenth Circuit, certified the following question under the authority of Tenth Circuit Rule 27.1 and the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001, § 1601-1611.

As of September 1-2, 2003, did the Oklahoma Wrongful Death Statute, Okla. Stat. tit. 12, § 1053, afford a cause of action for the wrongful death of a nonviable stillbo

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Wilhelm Murg, Jr. v. Barnsdall Nursing Home

¶1 The dispositive issue presented for our review is whether the letters of special administration of appellant, Wilhelm Murg, Jr., Individually and as Personal Representative of the Estate of Virginia Murg, Deceased, (hereinafter "Murg, Jr.,") properly were issued, or whether his appointment was void ab initio (99,701) (Murg I). Our holding regarding appellant's negligence claim against appellee,

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WHITAKER v. HILL NURSING HOME, INC.

¶1 Christine Whitaker, as Personal Representative of the Estate and as Representative of all wrongful death beneficiaries of James C. Richard, Jr., Deceased, Plaintiff/Appellant ("Whitaker"), seeks review of an order granting Defendant/Appellee ("Nursing Home") Hill Nursing Home, Inc.'s Motion for Summary Judgment on the basis that the wrongful death action was barred by the two-year statute of li

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MARSAI BROADWAY, an Individual and as Personal Representative of LOUISE TAYLOR, deceased, Plaintiff/Appellant, v. PEAK MEDICAL OKLAHOMA NO. 5, a Delaware Corporation, d/b/a MAYFAIR NURSING HOME and/or THE MAYFAIR, Defendant/Appellee.

¶1 Marsai Broadway, in her individual capacity and as Personal Representative of the Estate of Louise Taylor, filed a wrongful death action against Mayfair Nursing Home. Broadway alleged her grandmother, Louise Taylor, died as a result of neglect and/or abuse at the Mayfair Nursing Home, leading to multiple severe pressure ulcers, dehydration, malnutrition and contractures. Broadway asserted numer

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Mowles By and Through Mowles v. Hillcrest Medical Center

¶1 This appeal involves an action for medical malpractice arising out of injuries sustained by Roy Mowles at his birth on May 14, 1978. His parents filed this action on October 3, 1988 against Appellees (Hospitals).

¶2 Hospitals moved to dismiss the action, or in the alternative for summary judgment, on two grounds. They first argue the action was barred by the statute of limitations in 1

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United States of America v. Deric Lostutter

Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents

A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.

U.S.

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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
2

Hermann sought to dismiss several of her claims under summary dismiss

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Artis Charles Harrell v. S.P. Dairy Ashford d.b.a Salon Park & Brinson Management Corporation

This case involves a dispute over the termination of plaintiff-appellant Artis
Harrell’s lease of a hair-salon workstation. The trial court granted summary
judgment on Harrell’s claims, concluding they were limitations barred. We affirm.
2

PREVIOUS LAWSUIT
In 2006, Harrell sued the two defendant-appellees in this suit, i.e., S.P. Dairy
Ashford d/b/a Salon Pa

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KANSAS CITY POWER & LIGHT CO. v. THE UNITED STATES

Plaintiff is an electrical utility company headquartered in Kansas City, Missouri. Compl. ¶ 1. It provides electrical services to both residential and commercial customers in Missouri and Kansas. Id. On or about August 19, 2005, the United States, acting through the General Services Administration (“GSA”), entered into a contract with plaintiff for the delivery of electrical utility services t

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TREVOR LANGKAMP v. THE UNITED STATES


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In this breach of contract matter, plaintiff, Trevor Langkamp, alleges that the government has breached the Settlement Agreement that his parents ent

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STATE OF KANSAS v. FELANDICE L. REED

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The charges against Reed arose from events on March 13, 2015, in Wichita. On that date, Deputies Douglas Robertson and Sandy Shiblom of the Sedgwick County Sheriff's Department, both in uniform, went to Reed's second-floo

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UNITED STATES OF AMERICA v. TRAVIS JOB Nearly Four Dozen Suspected Meth and Heroin Traffickers Indicted

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Travis Job appeals from his conviction after a jury trial on two drug-related offenses: (1) conspiracy to distribute methampheta

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Carlin Robbins v. New Cingular Wireless, PCS, LLC d/b/a AT&T Mobility

Several Kentucky residents sued to stop a company from building
a cell-phone tower near their homes. They allege tort claims based on their concern that the
*This decision was originally filed as an unpublished opinion on January 30, 2017. The court has now
designated the opinion for full-text publication.
>
No. 16-5524 Robbins, et al. v. New Cingular Wireless Page 2
tower

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WILLIE J. DALE v. STATE OF KANSAS

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On November 16, 2006, a jury found Dale guilty of one count of attempted firstdegree murder, one c

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STATE OF KANSAS v. CHRISTOPHER BROOKS

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After being arrested on a bench warrant in April 2014 for failing to appear in municipal court, Gregory Webster offered to help narcotics officers with the Emporia Police Department by purchasing illegal drugs in a m

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Roger Garling v. United States Environmental Protection Agency

Roger Garling, Sheryl Garling, and their business, R and D Enterprises, Inc.,
(collectively, “the Garlings”) sued the United States for damages arising from an
FILED United States Court of Appeals Tenth Circuit

March 7, 2017

Elisabeth A. Shumaker Clerk of Court


- 2 -

Environmental Protection Agency (“EPA”) raid and investigation of their l

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Keith Marrerro v. Graham Brothers Entertainment of OKC, Inc.

Oklahoma City, OK - Keith Marrerro sued Graham Brothers Entertainment of OKC, Inc. on a personal tort theory claiming that he was a repeat customer at the defendant's club when a fight involving other patrons broke out and the defendant's on-site manager and employees and agents of the defendant requested that the plaintiff, whom they knew and had called upon before, assist them in quelling the

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State Farm Lloyds v. Dennis Webb

State Farm Lloyds (“State Farm”) appeals the trial court’s judgment in favor
of Dennis Webb following a jury trial. In five appellate issues, State Farm challenges
the legal and factual sufficiency of the evidence supporting the jury’s bad faith
findings and award of extra-contractual damages, as well as the trial court’s
admission of expert testimony, exclusion of evidence, refusa

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Annette Burrus v. David Reyes and Sonia Valenzuela

David Reyes and Sonia Valenzuela (“the Reyes Family”) thought they were buying a mobile home and a one-half acre lot from Annette Burris under an oral contract for deed. Burrus, on the other hand, contended the Reyes Family was only renting the property. After the Reyes Family had lived on the property for 17 years and had made numerous improvements to the property, Burrus sold the lot to a third

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David Lee Richardson v. The Potter's House of Dallas, Inc.

David Lee Richardson sued appellees, The Potter’s House of Dallas, Inc., Sheryl Brady,
T.D. Jakes, Joby Brady, and Mark Jeffries, and asserted claims individually and as next friend of
his minor children, S.R. and S.R., for negligence, gross negligence, intentional infliction of
emotional distress, civil conspiracy, and aiding and abetting. Richardson individually asserted
addition

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Christopher Michael Hughes v. AGE Industries, Ltd.

Christopher Michael Hughes appeals the trial court’s order granting a temporary injunction in favor of Age Industries, Ltd. (“AI”). Hughes contends the trial court erred in granting the temporary injunction because: (1) AI’s petition failed to meet the requirements of TEX. R. CIV. P. 682; (2) the temporary injunction does not maintain the status quo; (3) AI failed to plead a proper cause of action

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John M. Donohue v. City of Boerne Chief of Police James Koehler

John M. Donohue challenges the trial court’s judgment granting the pleas to the jurisdiction
filed by the City of Boerne’s Police Chief James Koehler and Police Officer Pablo Morales.
Donohue also challenges the trial court’s judgment granting Martha Donohue’s plea to the
jurisdiction rendered in the same proceeding. We affirm the trial court’s judgment granting Chief
Koehler and O

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Alan A. Tabingo v. American Triumph, LLC and American Seafoods Company

Allan Tabingo was seriously injured while working aboard a
fishing trawler owned and operated by American Seafoods Company LLC and
American Triumph LLC (collectively American Seafoods). Tabingo alleges the lever
used to operate a hatch in the trawler's deck broke when an operator tried to stop the
hatch from closing. The hatch closed on Tabingo' s hand, leading to the amputation of

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CLAUDE SEARS, et al. v. UNITED STATES

The land at issue was previously held as a right-of-way for railroad purposes by the Iowa River Railroad, “extending from milepost 243.35 near Marshalltown, Iowa, to milepost 209, outside Steamboat Rock, Iowa, a total distance of 34.35 miles, in Marshall and Hardin Counties, Iowa.” Sears I, 124 Fed. Cl. at 446 (quoting Second Am. Compl. ¶ 4, ECF No. 33). On August 2, 2012, the Surface Transporta

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Elness Swenson Graham Architects, Inc.; Cross-Appellants, RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ Lodging Fund II Acquisitions, LLC // Cross-Appellee, Elness Swenson Graham Architects, Inc.

Appellant Elness Swenson Graham Architects, Inc. (Elness) appeals from a final
judgment in favor of appellees RLJ II-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RLJ
Lodging Fund II Acquisitions, LLC (collectively, RLJ). RLJ also filed a cross-appeal against Elness.
Elness raises five issues on appeal, challenging RLJ’s right to bring suit for breach of contract, the
trial

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