Toxic Tort Law
 
United States of America v. Christopher Allen

Lexington - Lexington Man sentenced to more than 30 years for distributing fentanyl and heroin resulting in death

A Lexington man has been sentenced to 365 months in federal prison, for distributing heroin and fentanyl that resulted in the death of a 29 year-old woman, who had given birth just two weeks before her death.

On Thursday, U.S. District Judge Danny Reeves sentenced 44

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Terrance D. Pemberton v. City of Tulsa Housing Authority

Tulsa, OK - Terrance D. Pemberton sued City of Tulsa Housing Authority on a governmental tort claim premises liability theory under 51 O.S. 151, et seq. claiming to have been injured and/or damaged in an accident on Defendant's property caused by an unsafe condition that Defendant knew or should have know about.

Docket
Date Code Description Count Party Amount
04-25-2016 TEX

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Darlene Hill and William Hill, Deceased, v. Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Oklahoma No. 5, Inc. d/b/a Woodland View Care and Rehabilitation Center, Peak Medical Corporation, Martin Hubbartt, Administrator

Darlene Hill and William Hill, Deceased, sued Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Oklahoma No. 5, Inc. d/b/a Woodland View Care and Rehabilitation Center, Peak Medical Corporation, Martin Hubbartt, Administrator on medical negligence theories claiming that William Hill was a resident at Woodland View Care and Rehabilitation Center in Tulsa, Oklahoma and, as a

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Mary Cantrell, Sue Lentz and Estate of Vera McGilbray v. Peak Medical Oklahoma No. 3, d/b/a Forest Hills Health Care, Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Corporation, Patricia Colvin

Tulsa, OK - Mary Cantrell, Sue Lentz and Estate of Vera McGilbray sued Peak Medical Oklahoma No. 3, d/b/a Forest Hills Health Care, Sun Healthcare Group, Inc., Sunbridge Healthcare Corporation, Peak Medical Corporation, Patricia Colvin on medical negligence theories claiming:

I. Decedent: Vera McGilbray was a resident at Forest Hills Care Center located in Broken Arrow City, Oklaho

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WESTERN DERMATOLOGY CONSULTANTS, P.C. v. VITALWORKS, INC., ET AL.

In this certified appeal, the plaintiff, WesternDermatologyConsultants,P.C.,claimsthatthe Appellate Court improperly reversed the judgment of the trial court, which found that the defendants, VitalWorks, Inc. (VitalWorks),1 and Cerner Physician Associates, Inc. (Cerner), had violated the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110aetseq.,2 bymakingmisrepresentationsi

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MATT JONES, ET AL. V. LARRY BENNETT, RUSSELL COUNTY SHERIFF, ET AL.

Russell County 911 dispatch received a call reporting a black Camaro
passed them at a high rate of speed and appeared to have entered Twin Creek
Estates, a sparsely populated residential development in a rural area. Sheriffs
Deputy Nick Bertram' was dispatched to investigate. Roughly twenty minutes
after the 911 call, Deputy Bertram turned onto Wooldridge School House Road

More...   $0 (09-04-2016 - KY)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o

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Lockheed Martin Corporation v. USA

The United States appeals its liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a portion of the cost of cleaning up hazardous substances at three California facilities owned by Lockheed Martin (Lockheed or the Company). The government’s involvement at the facilities dates to the Cold War, when the Department of Defense contracted with Lockheed

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Marla James; Wayne Washington; James Armantrout; Charles Daniel DeJong v. City of Costga Mesa

The plaintiffs are severely disabled California residents. They alleged that “[c]onventional medical services, drugs and medications” have not alleviated the pain caused by their

impairments. Each of them has therefore “obtained a recom- mendation from a medical doctor” to use marijuana to treat her pain. This medical marijuana use is permissible under California law, see Cal. He

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Joseph Casias v. Wal-Mart Stores, Inc.; Wal-Mart Stores East, L.P. and Troy Estill

In this wrongful discharge action, Plaintiff Joseph Casias, a former Wal-Mart employee, appeals the district court’s order denying his motion to remand and the dismissal for failure to state a claim following his termination for failing a drug test in violation of Defendants’ drug testing policy. Because we find no reasonable basis to conclude that the non-diverse Defendant Troy Estill (“Estill”)

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Mike Johnson v. Columbia Falls Aluminum, L.L.C.

¶ 1 Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not becited as precedent. It shall be filed as a public document with the Clerk of the Supreme Court and its case title, Supreme Court cause number and disposition shall be included in this Court's quarterly list of noncitable cases publishe

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Jane Roe v. Teletech Customer Care Management (Colorado), L.L.C.

In 1998, the people of Washington exercised their constitutional power to enact legislation by initiative when they adopted the Washington State Medical Use of Marijuana Act (MUMA), chapter 69.51A RCW. MUMA provided an affirmative defense against criminal prosecution of physicians for prescribing medical marijuana and of qualified patients and their designated primary caregivers for engaging in th

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Roy Steinberg v. Sahara Sam’s Oasis, LLC

While a patron at defendant Sahara Sam’s Oasis Water Park,
plaintiff Roy Steinberg suffered a catastrophic spinal cord
injury while participating in a water ride that simulated riding
a surfboard. Plaintiff filed a lawsuit against Sahara Sam’s
Oasis, LLC, alleging that his injuries were caused by its gross
negligence and violations of statutory and regulatory provisions <

More...   $0 (08-23-2016 - NJ)

Amanda Peters-Asbury, et al v. Knoxville Area Transit, Inc

In 2011, Amanda Peters-Asbury enrolled in classes for the fall semester at the University of Tennessee, Knoxville (“UT”). Ms. Peters-Asbury was 35 years old at the time; she was married and a mother of two. Due to a knee injury that she suffered years earlier, Ms. Peters-Asbury’s mobility was restricted, and she needed assistance to get around on campus. Through an agreement with Knoxville Area

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Patricia Marxmiller and Ken Marxmiller v. Champaign-Urbana Mass Transit District

Urbana, IL - Patricia Marxmiller and Ken Marxmiller sued Seth Smith on an auto negligence theory and the Champaign-Urbana Mass Transit District on governmental tort claim respondeat superior theory claiming to have been injured and/or damaged in a bus pedestrian accident in Champaign County caused by a MTD driver. Mrs. Marxmiller lot both of her legs as a result of the injuries to her legs caused

More...   $10000000 (08-18-2016 - IL)

Chris Ball, et al. v. Enbridge Pipelines, L.L.C.

Tulsa, OK - Chris Ball, Cathi Ball, The Samuel Glen Ball Estate Trust, The Sammule Glen Ball Marital Trust and The Ruth L. Ball Irrevocable Trust sued Enbridge Pipeline, (FSP), L.L.C. on tort of lands theories claiming to have been injured and/or damaged as a result of some act, error or omission on the part of the Defendant or its officers, employees or agents.

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Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col

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Mikayla O., by and through her Guardian Ad Litem, William G. Sullivan v. County of Riverside

San Bernardino, CA - Mikayla O., by and through her Guardian Ad Litem, William G. Sullivan sued County of Riverside on a negligence governmental tort claim theory alleging:

Two-year-old plaintiff Mikayla O. was removed from the custody of her mother, a drug abuser, when her mother was arrested for felony burglary. Prior to the arrest, Mikayla's mother often abandoned Mikayla for weeks a

More...   $2500000 (08-11-2016 - CA)

James Anderson v. John Doe

Paco, WA - Plaintiff Gets $36,000 For Dead Dog

James Anderson sued his neighbors on intentional tort and intentional infliction of emotional distress theories claiming that they shot and killed his English springer spaniel "Chucky" who he claimed was shot and killed by them while they were trapshooting in March 2014 and then concealing what they had done. Plaintiff claimed that he suffer

More...   $36000 (08-06-2016 - WA)

United States of America v. Theodore Nelson, Jr. a/k/a Ted Nelson

Sioux Falls, SD - Letcher Man Convicted of Unlawful Taking of a Bald Eagle and Unlawful Use of Pesticide

Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, of Letcher, South Dakota, was found guilty by a jury of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide.

Nelson was indicted by a federal grand jury on September 9, 2015.

Nelson is a landowner in Sanborn Cou

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ANCHOR TANK LINES, LLC and NEW YORK OIL HEATING INSURANCE FUND v. UNITED STATES

Old Anchor, formerly known as Mystic Tank Lines Corporation, was an oil transportation company incorporated in Delaware and headquartered in Astoria, New York. Pls.’ Opp’n to Def.’s Mot. to Dismiss (“Pls.’ Opp’n”) Ex. 4 (Indictment, United States v. Baldari, No. 1Three separate actions are pending in this court based on these suits in the district

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RICHARD LEWIS KATZIN, et al. v. UNITED STATES

This post-trial opinion addresses claims by plaintiffs Dr. Richard Lewis Katzin (“Dr. Katzin”), Mary Beth Katzin Simon (“Ms. Katzin”), and Rose Marie Kjeldsen Winters (“Ms. Winters”) that the United States (the “government”) interfered with their ownership rights to a parcel of land (“Parcel 4”) which overlooks the Atlantic Ocean on Culebra Island, Puerto Rico, and that the interference effected a

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The Estate of Kylie Johnson, deceased, by and through Mary Melott, Personal Representative, v. SSM Health Care of Oklahoma, Inc. d/b/a Saint Anthony Hospital et al.

Norman, OK - The Estate of Kylie Johnson, deceased, by and through Mary Melott, Personal Representative, v. SSM Health Care of Oklahoma, Inc. d/b/a Saint Anthony Hospital, Tamara Holloway, D.O., Brenst Scott, D.O., Oklahoma City Ear Nose and Throat Clinic, P.C., Purcell Municipal Hosptial, Dwayne Roush, M.D., Norman Regional Hospital, Kevin C. Hoos, Barbara J. Landaal, M.D., Thomas Whalen, D.O. an

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State of Wisconsin v. Patrick J. Lynch

This is a review of a
published decision of the court of appeals2 that affirmed the
Dodge County Circuit Court's3 findings that (1) Patrick Lynch
("Lynch"), the defendant, made an adequate showing for an in
camera review of the complainant's privileged mental health
treatment records and (2) the complainant's testimony must be
excluded at trial because the complaina

More...   $0 (07-13-2016 - WI)

Burton P. Lingenfelter v. Lower Elkhorn Natural Resources District

Burton P. Lingenfelter farms in Pierce County, Nebraska.
He owns and operates Dunaway Farm and three other parcels
of land in its immediate vicinity, one of which is called
Rehfeld Farm. Dunaway Farm and Rehfeld Farm are located
within the jurisdiction of the Lower Elkhorn Natural Resources
District (District).
The District’s rules contain restrictions on ground water
i

More...   $0 (07-10-2016 - NE)

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AK Morlan
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