Toxic Tort Law
 
THALIA RENFRO V. BURLINGTON NORTHERN SANTA FE RR, ET AL.

On November 4, 2001, a tragic vehicle/train accident took place at the Eddy Street railroad crossing in Vinton, Louisiana. A train was headed eastbound, and seventeen-year-old Mallory Young (“Mallory”) was driving her mother’s 2000 Mercury Mountaineer southbound on Eddy Street. The train collided with Mallory’s vehicle as she attempted to cross over the railroad tracks, and Mallory did not survive

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United States of America v. Luis DaCosta aka "Jesse" or "Slu", Gilvan Monteiro aka "G" and Edson Gomes aka "E" or "Evil"

Boston, MA - Three Brockton Men Charged with Distributing Fentanyl

Three men, two of whom were arrested, were charged in U.S. District Court in Boston for trafficking fentanyl in the Brockton area. The third defendant was already in state custody. In addition, 36 grams of fentanyl and a firearm were recovered following the execution of a federal search warrant.

Luis DaCosta, 21

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United States of America v. Southco Enterprises, Inc.

Dallas, TX - Southco Enterprises, Inc. of Sherman, Texas, Admits Unlawfully Storing Hazardous Waste

The President and Chief Executive Officer of Southco Enterprises, Inc. of Sherman, Texas, James Alexander, appeared in federal court in Dallas this week and entered a guilty plea on behalf of the corporation to a one-count Information charging treating, storing or disposing of hazardous was

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United States of America v. James Slade

Anchorage, AK - Mine operator sentenced for polluting Alaska River

James Slade, of Calgary, Canada, was sentenced to 12 months in prison for violating the federal Clean Water Act. Slade was convicted of two Clean Water Act crimes for discharging polluted wastewater into the Salmon River as a result of his operation of the Platinum Creek Mine located in western Alaska. Slade was ordered

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Scott Eric Keeter and Bobbie Jo Keeter v. City of Tulsa

Tulsa, OK - Scott Eric Keeter and Bobbie Jo Keeter sued the City of Tulsa on a governmental tort claim auto negligence theory under 51 O.S. 151, et seq. claiming:

1. Plaintiff Scott Eric Keeter is an individual over 18 years of age. At all relevant times alleged herein he was, and is, a resident of Tulsa County, State of Oklahoma.
2. Plaintiff Bobbie Jo Keeter is an individual over 18

More...   $350000 (05-06-2016 - OK)

STATE OF NORTH CAROLINA v. HARRY SHAROD JAMES

On 19 June 2006, a Mecklenburg County Grand Jury indicted defendant on
one count of murder and one count of robbery with a dangerous weapon. The
indictments were the result of events that occurred on 12 May 2006 when defendant
was sixteen years old.
At the conclusion of defendant’s trial on 10 June 2010, a jury returned verdicts
finding defendant guilty of first-degree mu

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MESCHELL L. WHITE, LINDA LIVINGSTON AND JESSIE LEE STEPHENSON v. THE GLEN RETIREMENT SYSTEM D/B/A VILLAGE HEALTH CARE AT THE GLEN

At 6:45 a.m. on March 16, 2014, 94-year-old Jessie Stephenson was a
resident of The Glen Retirement System d/b/a Village Health Care at the
Glen (“The Glen”) when she fell out of her bed that had been placed in the
highest position by a certified nursing assistant (“CNA”). Stephenson
suffered bilateral femoral fractures that led to the amputation of one of her
legs.
Foll

More...   $0 (05-04-2016 - LA)

STATE OF IOWA vs. ALAN LEE LUCAS

Alan Lee Lucas appeals the restitution order from his convictions for theft
and ongoing criminal conduct, claiming the district court erred in ordering him to
make restitution to certain individuals and not to the limited partnership. We find
the district court properly exercised its discretion pursuant to Iowa Code chapter
910 (2013) in ordering Lucas to make restitution to t

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Meschell L. White, Linda Livingston, and Jessie Lee Stephenson v. The Glen Retirement System d/b/a Village Health Care At The Glen

A 94-year-old filed suit in district court against the nursing home
where she resided, raising claims that allegedly fell outside the Louisiana
Medical Malpractice Act, including intentional injury. The defendant
nursing home filed an exception of prematurity, alleging that the claims
must first be presented to a medical review panel. After the trial court
granted the excepti

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GINAMARIE GOMES v. THE COUNTY OF MONMOUTH and CORRECT CARE SOLUTIONS, LLC

This appeal raises in part the novel issue of whether a
plaintiff, who was treated by a private medical provider under
contract to provide care to inmates at a county jail, must serve
that private entity with a tort claims notice before she can sue
the company for negligence. We hold that the Tort Claims Act
(the "TCA" or the "Act"), N.J.S.A. 59:1-1 to :14-4, does not

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Circle C. Construction, LLC v. D. Sean Nilsen, et al.

In November 2010, after Circle C was advised that it had a potential professional negligence claim against Nilsen, Circle C and Nilsen entered into a written tolling agreement regarding Circle C’s claim against Nilsen. In part, the agreement provided that the filing deadline for Circle C’s claim would be tolled ―so that the statute of limitations [would] not expire‖ until 120 days afte

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Teri Gresham v. The City of Del City

Oklahoma City, OK - Teri Gresham sued The City of Del City on a governmental tort claim theory under 51 O.S. 151, et seq. claiming:

1. Personal jurisdiction and subject matter jurisdiction are proper in Oklahoma County, State of Oklahoma as the incident in question arose in said county.
2. That the Plaintiff, Teri Gresham, is a resident and citizen of Oklahoma City, Oklahoma County,

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Ramirez v. New Mexico Children, Youth and Families Department

Congress enacted USERRA to encourage noncareer military service, to
7 minimize disruptions in the lives and communities of those who serve in the
8 uniformed services, and “to prohibit discrimination against persons because of their
9 service in the uniformed services.” 38 U.S.C. § 4301(a)(1)-(3). Congress created
10 USERRA pursuant to its War Powers set forth in Article I, Section

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Joseph Lemerise v. The Commerce Insurance Company

There is no serious dispute about the underlying facts of this case. In August 2011,
plaintiff was a pedestrian in a crosswalk in Newport when he was struck by a vehicle operated by
an uninsured motorist. At the time, plaintiff was an insured under his mother’s automobile
insurance policy, pursuant to the terms of which he made a claim for uninsured-motorist
coverage for his

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City of Tupelo, Mississippi v. Terry Y. McMillin, M.D. and Leslie Susan McMillin

The present case is a Mississippi Tort Claims Act (MTCA) case riddled with
confusion and miscommunication surrounding a residential building permit. In 2006, Dr.
Terry Y. McMillin and his wife, Leslie Susan McMillin, purchased a new home in Tupelo,
Mississippi. Displeased with contractor Jamie Ewing’s failure to respond to their repair
requests, plus their discovery of a documen

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Traci Ballard v. Oklahoma Historical Society and City of Guthrie

Guthrie, OK - Traci Ballard sued the Oklahoma Historical Society and City of Guthrie on negligence theories claiming:

(1) On December 13, 2014, Plaintiff was attending the Guthrie Territorial Christmas Victorian Walk festival. She was walking on a City of Guthrie sidewalk when she fell down a full flight of stairs leading to the basement below the State Capitol Publishing Museum

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Timothy Sumner v. Campbell Clinic, PC, et al.

On July 19, 2011, Plaintiff Timothy Sumner (“Mr. Sumner”) was admitted to the Regional Medical Center in Memphis in order to receive treatment for an injured right leg.1 As part of his treatment, Mr. Sumner was scheduled to undergo a surgery that involved the taking of a bone graft from the iliac crest of his hip. Because Mr. Sumner had recently undergone another surgery to repair a “right lower

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Linda Beard v. James William Branson, et al.

On September 13, 2004, Ruth Hartley (“the decedent”) was admitted to Trinity Hospital, LLC (“Trinity”) to undergo colon surgery which was performed by James William Branson, M.D. Following the surgery, the decedent developed complications and remained hospitalized. On September 27, 2004, Dr. Branson ordered an x-ray and CT scan of the decedent‟s abdomen and pelvis. The CT scan was reviewed o

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Henry Roop v. Southern Pharmaceuticals Corporation, Glen Lingle and Douglas E. Martin

Southern Pharmaceuticals Corporation (“SPC”) is a medical supply company owned
principally by Glenn Lingle and Doug Martin. Nearly seventy percent of SPC’s business is
funded by payments from Medicare and Medicaid. At the time, sales of diabetic equipment
amounted to roughly three percent of SPC’s operations. Henry Roop, who had several years
of experience in medical sales, approac

More...   $0 (04-08-2016 - )

Florida Department of Transportation v. Dorthy Schwefringhaus, et al.

The Florida Department of Transportation (DOT) appealed a judgment
awarding $502,462.22 to CSX Transportation, Inc. (CSX) as indemnity for the
amount of a settlement and related attorneys’ fees paid by CSX to resolve a
negligence action arising from an accident at a railroad crossing. CSX Transp.,
Inc., 128 So. 3d at 210. CSX requested indemnification under a 1936 crossing

More...   $0 (04-08-2016 - FL)

JULIA FENWICK v. STATE OF MONTANA

Julia Fenwick (Fenwick) appeals from an order entered by the First Judicial
District Court, Lewis and Clark County, granting summary judgment to the State of
Montana, Department of Military Affairs and Emergency Services Division
(Department), on several of her claims related to the severance of her employment with
the Department.
¶2 We address the following issues, and aff

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Vanessa Serranto v. American Honda Motor Company

Norman, OK - Vanessa Serranto sued American Honda Motor Company, Moddrell's Chickasha Honda Zuzuki, Gary Moddrell and Bonnie d/b/a Moddrell's Chickasha Honda Suzuki, Douglas Spores, Jackie Spores, Samanthan Heinen and Alois Loeffelholz on products liability and negligence theories claiming:

1. This Court has jurisdiction pursuant to 12 Okla. Stat. §2004 (F).

2. Plaintiff and her

More...   $1 (04-05-2016 - OK)

Flovac, Inc. v. Airvac, Inc.

That an antitrust case may turn on the definition of the relevant market is a common-sense
proposition. In this instance, the summary judgment record
disclosed a relevant market much broader than the plaintiff claimed
— a market in which the defendant lacked any semblance of market
dominance. Finding the plaintiff's antitrust claims wanting and
its companion claims equal

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SecurAmerica Business Credit v. Southland Transportation Co., LLC, et al.

Briefly, Appellant SecurAmerica Business Credit (“Appellant” or “SecurAmerica”) brought this action against Southland Transportation Co., LLC (“Southland Transportation”), Southland Capital Co. (“Southland Capital”), and Appellees Karl Schledwitz and Terry Lynch. SecurAmerica II, 2014 WL 1266121 at *1. SecurAmerica‟s claims arise from an alleged default on a September 16, 1999 Secured Revol

More...   $0 (04-04-2016 - TN)

United States of America v. Sunland Pest Control Services, Inc., Grenale Williams and Canarie Deon Curry

Fumigation Company and Two Individuals Pled Guilty in Connection With Illegal Pesticide Application Resulting in Injuries to a Minor

Sunland Pest Control Services, Inc. (Sunland), Grenale Williams, 53, of South Bay, and Canarie Deon Curry, 40, of Riviera Beach, pled guilty today in federal court in Fort Pierce before United States District Court Judge Jose E. Martinez in connection with t

More...   $0 (03-10-2016 - FL)

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