Toxic Tort Law
 
Cellular South, Inc. v. BellSouth Telecommunications, LLC, f/k/a BellSouth Telecommunications, Inc. and Successor by Merger to Bellsouth MNS, Inc

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In July 2015, CellularSouth filed its Petition to Revoke Protective Order in which it
contended that two amendments to the Pu

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TRK, LLC d/b/a Timber Ridge Townhouse Apartments, B&B Management Group, LLC and Tara Burnside v. Vivian Myles, Individually and on Behalf of all Wrongful Death Beneficiaries of Enrique L. Myles, Deceased and/or L.J.W., a Minor, by and through Her Mother and Next Friend, Janna Warnsley

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Vivian Myles—who is Enrique L. Myles’s mother, and who believed she was his sole
heir—filed this wrongful-death lawsu

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Tim Wooters v. Unitech International, Inc.

In this appeal from a judgment for conspiracy to breach a fiduciary duty, we determine whether sufficient evidence supports a finding that a non-employee conspired to aid an employee’s breach of fiduciary duty to his employer. Unitech International, Inc. sued two former employees when it discovered that those
2
employees had stolen Unitech’s trade secrets in preparation for launching a com

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Thanh Tran and Nancy Tran v. David Tran

Appellants, Thanh Tran and Nancy Tran, appeal the trial court’s order
sustaining the special appearance of appellee, David Tran. In three issues,
Thanh and Nancy contend that the trial court erred in granting David’s special
appearance because David (1) waived his special appearance; (2) failed to


2

negate all potential bases for personal jurisdiction; an

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Kylie Sullivan v. The Board of Regents of the University of Oklahoma MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

Norman, OK - Kylie Sullivan sued The Board of Regents of the University of Oklahoma on a governmental tort claim negligence theory under 51 O.S. 151, et seq. claiming that he was burned when the Styroform cup in which he had been served some soup at a Quizano's located inside the Oklahoma Memorial Union deformed because the soup was too hot.

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)<

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James L. Freymiller v. Ryan Fisher MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

Norman, OK - James L. Freymiller sued Ryan Fisher on a auto negligence theory claimed to have been injured and/or damaged in a car wreck on August 29, 2013 on NW 27th Street in Moore, Oklahoma caused by Fisher.

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: FREYMILLER, JAMES L
Filed Date: 07/10/2015
Party Name Disposition Information
Defendant: FISHER, RYAN

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David and Crystal Holm v. Wells Fargo Home Mortgage, Inc. and Federal Homes Loan Mortgage Corporation (Freddie Mac)

This case arises out of the 2008 foreclosure of the family residence of David and Crystal Holm (the Holms). The Holms filed a wrongful foreclosure action against Wells Fargo Home Mortgage, Inc., for allegedly foreclosing on their home without right. They also filed a quiet title action against the Federal Home Loan Mortgage Corporation (Freddie Mac), which took title to the house after the foreclo

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Christina Francis v. Daniel Wieland

Ms. Christina Francis, Mother of the 11-year-old child subject to the motion to
modify custody at the core of this dispute, appeals a circuit court judgment grantin g
joint legal and joint physical custody to her and Mr. Daniel Wieland, the child’s
biological Father, and otherwise establishing a parenting plan and ordering child
support, and requiring the parties to pay their own c

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Jodi L. Toedter v. Winona County and Hiawatha Valley Mental Health Center

Appellant challenges the district court’s grant of summary judgment in a wrongfuldeath
action, arguing that the district court erred by: (1) determining that vicarious official
immunity protected respondent county; (2) granting judgment in favor of deceased’s health
care providers on appellant’s negligence claims for failure to establish a duty of care; and
(3) granting judgment ag

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Christy Dawnyelle Pierson v. City of Tulsa and Mitchel K. Franklin MoreLaw Suites - Legal Suites and Virtual Offices The Best Places In Downtown Tulsa To Practice Law 406 South Boulder and 625 South Denver - 582-6422

Tulsa, OK - Christy Dawnyelle Pierson sued the City of Tulsa and Mitchel K. Franklin on a governmental tort claim negligence theory under 51 O.S. Section 151, et seq. claiming to have been injured and/or damaged as a result of the negligence to Mr. Franklin.

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: PIERSON, CHRISTY DAWNYELLE
Filed Date: 04/05/2013
Party Name

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deNourie & Yost Homes, LLC v. Joe Frost and Amy Frost and Security State Bank

We address a second appeal from an action by a contractor
seeking damages arising out of its construction of a house.
Following our remand, the district court determined that the
election of remedies doctrine and judicial estoppel required a
dismissal of the contractor’s claims. Because the claims were
consistently premised on the existence of a contract, no election
was re

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Joni Tillich, Nichole LaFloe, Shawn Marcellais, Lisa DeCoteau, and Lynn Boughey v. Don Bruce, Vinier "Poin" Davis, and Linda Davis

[¶1] Don Bruce, Vinier Davis, and Linda Davis ("Defendants") appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court's denial of the Defendants' request for attorney fees under N.D.C.C. § 28-26-01(2) and remand for calculation of attorney fees based upon accepted factors and order the district court award attorney fees to t

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Beverly Howard v. Grady county Criminal Justice Authority MoreLaw Performance Internet Marketing Completely Free Marketing If It Does Not Work

¶1 Plaintiff/Appellant Beverly Howard, as Next Friend of James Payne, deceased, appeals from the trial court's order dismissing her claim for a violation of due process against Defendant/Appellee Grady County Criminal Justice Authority (GCCJA). The Supreme Court of Oklahoma held in Bosh v. Cherokee County Governmental Building Authority, 2013 OK 9, 305 P.3d 994, that a private cause of action exis

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DOE v. THE FIRST PRESBYTERIAN CHURCH U.S.A. OF TULSA MoreLaw Suites - Legal Suites and Virtual Offices - Downtown Tulsa

This appeal originates from a lawsuit filed by Plaintiff/Appellant John Doe (a pseudonym for Plaintiff) (hereinafter, "Appellant") against Defendants/Appellees The First Presbyterian Church of U.S.A. of Tulsa, Oklahoma, and James D. Miller (hereinafter, "Appellees") alleging breach of contract, negligence, and outrage. Appellant alleges he was born in Syria into the Muslim Faith, but for most of h

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Alam Glisson, Personal Representative of the Estate of Nicholas L. Glisson v. Indiana Department of Corrections

Nicholas Glisson entered the custody
of the Indiana Department of Corrections on September 3,
2010, upon being sentenced for dealing in a controlled substance
(selling one prescription pill to a friend who turned out
to be a confidential informant). Thirty-seven days later, he
2 No. 15-1419
was dead from starvation, acute renal failure, and associated
conditions. His mo

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Global Quest, L.L.C. v. Horizon Yachts, Inc., Horizon Group, et al. Husby Global Litigation Support Services Serving Your Court Reporter Needs Nationwide 866-584-0070

Plaintiff Global Quest, LLC appeals from the district court’s grant of summary judgment to defendants on all but one count of plaintiff’s amended complaint and to defendant Horizon Yachts, Inc. on its counterclaim for foreclosure of a promissory note. Plaintiff appeals from the district court’s entry of partial final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.1 We reve

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ALEXIS D. COREN-HALL vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

The defendant, Massachusetts Bay Transportation
Authority (MBTA), appeals from a Superior Court order denying
its renewed motion for summary judgment on plaintiff Alexis D.
Coren-Hall's tort claim under the Massachusetts Tort Claims Act,
G. L. c. 258. The MBTA's motion asserted that Coren-Hall had
failed to make presentment of her claim to the MBTA's "executive
offic

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Delia Catillo Ramos and Orlando Ruiz Sosa v. City of Lawton, Oklahoma

Lawton, OK - Delia Catillo Ramos and Orlando Ruiz Sosa sued the City of Lawton, Oklahoma on governmental tort claim negligence theories under 51 O.S. Section 151, et seq. claiming to have been injured and/or damaged as a direct result of the negligence of a city employee.

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: Castillo Ramos, Delia
Filed Date: 05/26/2015
Par

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Deana B. Madison v. City of Tulsa

Tulsa, OK - Don Smolen, II represented Deana B. Madson who sued the City of Tulsa on a governmental tort claim negligence auto accident theory claiming to have been injured and/or damaged in a car wreck caused by a city employee.

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Fil

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MALINDA FALCONE v. LIBERTY MUTUAL INSURANCE COMPANY, LM GENERAL INSURANCE COMPANY

Because Liberty Mutual acted in bad faith, on remand, Liberty Mutual's defense should be limited to the amount of damages for which they are liable. Ms. Falcone should be allowed to present all of her evidence relating to Liberty Mutual's bad faith conduct in handling her claim. From that evidence a jury can then determine the amount of actual damages owed Ms. Falcone for Liberty Mutual's bad fait

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RODOLFO M. GAONA v. STATE OF KANSAS Sex Offender

The facts of Gaona's case are taken from his direct appeal.

"Gaona regularly babysat his wife's two children during her second shift work. On December 21, 2005, the 8-year-old son reported to his mom . . . that Gaona and the 10-year-old daughter, M.L., 'have a sick game.' When questioned by mom, the daughter broke down in tears and refused to discuss the allegation. Mom took the childre

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BRAD JOSEPH JONES v. STATE OF KANSAS

The events leading to Jones' conviction began to unfold when Ruth Peck was placing in the trunk of her car items she had just purchased at a Target store. Just as Peck finished, Jones approached, grabbed Peck's purse, and took off running. Peck yelled for help, and Jonathan U responded. U chased Jones who ran to his car and jumped in. U reached into Jones' car and tried to retrieve Peck's purse, b

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The Estate of James D. Reed v. Daniel Love

In June 2009, as part of a federal law-enforcement investigation known as
“Operation Cerberus,” FBI and Bureau of Land Management (“BLM”) agents
arrested twenty-three people and searched twelve properties in and near three Utah
cities—Blanding, Monticello, and Moab. The operation targeted persons possessing
and trafficking in Native American artifacts illegally taken from the Four

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SUNDUS SALEH V. GEORGE BUSH

Plaintiff Sundus Shaker Saleh sues several individuals who served as high-ranking officials in the administration of President George W. Bush. Plaintiff claims that the former officials conspired to engage in, and did engage in, a war of aggression against Iraq and that, in doing so, they violated the “law of nations” within the meaning of the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The di

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Sudus Shaker Saleh v. George W. Bush, et al.

Plaintiff Sundus Shaker Saleh sues several individuals
who served as high-ranking officials in the administration of
President George W. Bush. Plaintiff claims that the former
officials conspired to engage in, and did engage in, a war of
aggression against Iraq and that, in doing so, they violated the
“law of nations” within the meaning of the Alien Tort Statute
(“ATS”), 28

More...   $0 (02-12-2017 - CA)

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