Toxic Tort Law
 
ELBA SALDIVAR v. DANIEL RACINE; THE CITY OF FALL RIVER

The allegations set forth in Saldivar's complaint1 are
very disturbing. As we are reviewing a dismissal for failure to
state a claim, we accept the complaint's factual allegations as
true and draw all reasonable inferences from those facts in favor
of Saldivar. In early June 2011, Elba Saldivar, a resident of Fall
River, contacted the Fall River Police Department and rep

More...   $0 (03-29-2016 - MA)

Samsung Electronics America Inc. v. Westpark Electronics, LLC

This matter arises out of Defendant’s business practices, which consist largely of selling a
variety of consumer products. Of the approximately $40 million in revenue that Defendant
claims to have generated since July of 2013, it estimates that 40-45% of that revenue, or $16-$18
million, is attributable to Defendant’s sales of Samsung television sets. Plaintiff filed the instant

More...   $0 (03-27-2016 - NJ)

Smith v. Illinois Central R.R. Co

Because of the voluminous nature of the record in this case, we address only the facts necessary to decide this appeal. On July 21, 2005, plaintiff filed his complaint against Pneumo Abex Corporation; Pneumo Abex LLC; Metropolitan Life Insurance Company; Owens-Illinois, Inc.; Honeywell International, Inc.; Railroad Friction Products Corporation; and Illinois Central. As of October 2013, the only d

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Stefanski v. City of Chicago

Because we reverse the circuit court’s ruling that the common fund doctrine applies to the claims of the named plaintiff, and because our conclusion on that issue is dispositive, only those facts necessary to resolve this issue will be recited. ¶ 5 On August 19, 2009, plaintiff filed the instant lawsuit against the City. Therein, plaintiff generally alleged that: (1) on or about May 17, 2007, she

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Blutone Enters., LLC v. Messer-Bowers Co

Blutone operates a tank truck and hauling business with its principal place of business in Eakly, Oklahoma. Agency is an independent insurance agency in Enid, Oklahoma, from which Blutone purchased a commercial auto fleet policy issued by Mid-Continent Casualty Company, effective between January 2008-2009.

¶3 In October 2008, Blutone's employee was driving Blutone's 2005 Dodge pickup (sub

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BMB Aircraft, LLC v. Okla. Tax Comm'n (In re Aircraft Excise Tax Protest of BMB Aircraft, LLC),

In May, 2010, Robert L. Mills (Bob Mills), acting as the "President/Member" of BMB, executed a purchase agreement for the purchase of a Cessna Model 560XL aircraft from Cessna Aircraft Company of Wichita, Kansas, for a total purchase price of $10,555,825. The purchase agreement states that the "Scheduled Delivery Month Fly-Away Factory . . . Wichita, Kansas, is July 2010." On July 1, 2010, BMB ten

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Joyce Lafitte-Nesom v. Christus Schumpert Highland

Ms. Nesom was employed as a nursing house supervisor at the
Christus Schumpert Highland Hospital, on Bert Kouns in Shreveport; her
duties included coordinating nursing services and taking calls from those
who were unable to come to work. Her normal working hours were from
4:00 pm until midnight. Although she worked in Shreveport, she lived in
Mansfield and commuted daily.

More...   $0 (03-26-2016 - l)

HERALD FARLEY v. BNSF RAILWAY COMPANY

Herald Farley filed his action for damages against BNSF Railway Company under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 (2012) et seq. After deposing Farley's expert witnesses, BNSF filed several motions, including a motion to strike or limit the testimony of the liability expert, a motion for partial summary judgment alleging Farley's claims regarding injuries to his neck, uppe

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R.J. Reynolds Tobacco Company v. Pamela Ciccone, etc.

This case involves a lawsuit filed in 2004 against R.J. Reynolds Tobacco
Company, by plaintiff Pamela Ciccone, as the personal representative of the estate
of her deceased husband, George Ciccone, a smoker from the age of eight who
died of lung cancer in 2002. After our Engle decision was issued, Ciccone
amended her complaint “to reflect her membership in the Engle class, alle

More...   $0 (03-24-2016 - FL)

Robert L. Kroenlein Trust By and Through Deborah Alden, Successor Trustee, and Chugwater Brewing Company, Inc., a Wyoming Corporation Gary v. Bruce Kirchhefer, Commodore Bar, Inc., Rick L. Bowen, Silver Dollar Bar of Lusk, Llc., and Larry H. Halligan

J&B Package Liquor (J&B) is a liquor store located in Torrington, Wyoming. J&B was originally owned by the Robert L. Kroenlein Trust (Kroenlein Trust), and prior to November 2004, was operated and managed by Robert Kroenlein and his wife, Betty Kroenlein. In November 2004, both Robert and Betty Kroenlein passed away and their daughter, Deborah Alden, became the successor trustee of the Kroenlein

More...   $0 (03-21-2016 - WY)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assess

More...   $0 (03-21-2016 - NM)

Larry Myers, et al. v. Crouse-Hinds, et al.: GE v. Mary R. Geyman, et al.: Owens-Illinois, Inc v. Mary R. Geyman, et al.

We have consolidated three appeals involving the constitutionality of the Indiana Product Liability Act statute of repose. In each case, the plaintiffs request reconsideration of our prior holding in AlliedSignal v. Ott, 785 N.E.2d 1068 (Ind. 2003). While we decline to reconsider Ott's holdings due to the principles of stare decisis and legislative acquiescence, we do address the plaintiffs' new

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IRICK v. BOARD OF COUNTY COMMISSIONERS

Plaintiff's lawsuit claimed injury in an automobile accident at night on December 27, 2010. T.L.I. was a passenger in an automobile driven by another teenager. He and the other passengers and driver were traveling from the Prague, Oklahoma, area to Shawnee, Oklahoma.

¶3 After an apparently mistaken turn, the group ended up on a county road named Crosslin Road. The road is a dead end road

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City of Beaumont, Texas v. Chiquita Armstead

Armstead contends that she was injured in a car accident that occurred on or
about November 21, 2013. In her Original Petition, filed on August 11, 2015,
Armstead alleged that she was a passenger in a motor vehicle that was traveling on
Magnolia Avenue in Beaumont that “collided with” the Defendant’s vehicle.
According to a Texas Peace Officer’s Crash Report (the Accident Repo

More...   $0 (03-20-2016 - TX)

Lucille Ruth Soffer, etc. v. R.J. Reynolds Tobacco Company

Maurice Soffer died in May of 1992 from lung cancer caused by smoking.
After this Court issued its decision in Engle, 945 So. 2d at 1254, requiring class
members to file their own individual actions within a year, Soffer’s widow, Lucille
Soffer, brought a wrongful death action against R.J. Reynolds Tobacco Company
pursuant to that decision. Her complaint asserted four causes

More...   $0 (03-17-2016 - FL)

Jason Miller v. Montey Morris and City of Tulsa

Tulsa, OK - Jason Miller sued Montey Morris and City of Tulsa on negligence and respondeat superior theories under the Oklahoma Governmental Tort Claim Statute, 51 O.S. 151, et seq. claiming:

1. The Plaintiff, Jason Miller is a resident of Tulsa County, Oklahoma.

2. The Defendant, Montey Morris is and was at all times relevant hereto, a Police Officer for the City of Tulsa, re

More...   $1 (02-26-2016 - OK)

HEATHER SPURLOCK; SOPHIA CARRASCO; NINA CARRERA v. ANTHONY TOWNES, BARBARA WAGNER, CORRECTIONS CORPORATION OF AMERICA

Plaintiffs Heather Spurlock, Sophia Carrasco, and Nina Carrera are former
13 inmates of the Camino Nuevo Correctional Center, a prison housing female offenders,
14 directed by Third-Party Defendant Warden Barbara Wagner and privately operated
15 by Third-Party Defendant Corrections Corporation of America (CCA). While
16 incarcerated, Plaintiffs were sexually assaulted by Defendant

More...   $0 (03-14-2016 - NM)

United States of America v. Walter Oil & Gas Company

New Orleans, LA - Oil and Gas Company Fined $400,000 for Failing to Provide Notification of a Hazardous Discharge

WALTER OIL & GAS COMPANY, a Texas corporation residing in Houston, was sentenced on a one-count Bill of Information which charged the company with failing to provide notification to the National Response Center of a hazardous discharge, in violation of Title 33, United States

More...   $400000 (03-10-2016 - LA)

United States of America v. Max Julian Wright

Cedar Rapids, IA - Chicago Man Found Guilty of Conspiring to Distribute Heroin and Fentanyl That Caused Multiple Deaths and Overdoses

A man who conspired to distribute heroin, fentanyl, and crack cocaine that led to several overdoses and deaths was convicted by a jury today, after a 6-day trial in federal court in Cedar Rapids.

Max Julian Wright, age 35, from Chicago, Illinois, w

More...   $0 (03-02-2016 - IA)

DIANA K. HILBURN v. ENERPIPE, LTD

While Diana K. Hilburn rode home with her husband, a truck owned and operated by Enerpipe, Ltd. (Enerpipe) rear-ended their car. The collision negatively impacted Hilburn's recovery from a recent back surgery, resulting in a second surgery and chronic pain. After a trial, a jury returned a verdict in the amount of $335,000 in total damages for Hilburn, most of which compensated for her noneconomic

More...   $0 (03-13-2016 - KS)

MOORE v. WARR ACRES NURSING CENTER, LLC.

The plaintiff/appellant, Donald Dewayne Moore (Moore/employee) worked for the defendant/appellee Warr Acres Nursing Center (employer/Nursing Center) as a licensed practical nurse. Moore began employment around January 17, 2008. Moore, became acutely ill with the influenza while working on November 25, 2008. The Nursing Center's director of nursing overheard Moore vomiting at the Nursing Center. Sh

More...   $0 (03-10-2016 - OK)

United States of America v. Cheng Le

New York, NY - New York Man Sentenced In Manhattan Federal Court To 16 Years In Prison For Attempting To Acquire Deadly Toxin, Ricin

HENG LE was sentenced today to 16 years in prison for attempting to acquire ricin, postal fraud, and identity theft in relation to a terrorism offense. LE was convicted on August 27, 2015, following a four-day jury trial before U.S. District Judge Alison J.

More...   $0 (03-08-2016 - NY)

Erin Andrews v. David Barrett, West End Hotel Partners d/b/a Mariott

Nashville, TN - Jury Awards Former Fox Sports Reporter $55 Million

Erin Andrews sued David Barrett, West End Hotel Partners d/b/a Mariott on negligence and the tort of outrage claimed that she was damaged and injured as a direct result of having had a surreptitious video of her will nude taken of her while a guest in a Nashville Mariott hotel taken by Barrett. The evidence introduced at

More...   $0 (03-08-2016 - TN)

Acosta v. Shell W. Expl. & Prod., Inc.

Plaintiffs are residents of the Westgate subdivision in Hobbs. Westgate was
3 built in the late 1970s on and near an unlined storage pit where, during its oil drilling
4 operations, Shell had placed toxic hydrocarbons in direct contact with the earth from
5 the 1940s until Shell covered the pit with “fill dirt”during the 1960s. Shell did not
6 conduct any environmental risk assessm

More...   $0 (03-07-2016 - NM)

Mainstay Fisheries, Inc., et al. v. Northern Waterfront Associates, L.P., et al. v. Kane and Kane, Inc., et al.

The following facts are undisputed by the parties. Plaintiff Mainstay Fisheries, Inc.
(Mainstay) is a Rhode Island corporation, which at all times material hereto, had a principal
place of business in Portsmouth, Rhode Island. Plaintiff Richard F. Mudd, Sr. is a resident of
Tiverton, Rhode Island and was the sole shareholder and officer of Mainstay. He was the
Captain of the

More...   $0 (03-07-2016 - RI)

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