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Causation Law
 
McMillin Albany, LLC v. The Superior Court of Kern County, Carl Van Tassel, Real Parties in Interest

In Aas v. Superior Court (2000) 24 Cal.4th 627, 632 (Aas), this court held
that the economic loss rule bars homeowners suing in negligence for construction
defects from recovering damages where there is no showing of actual property
damage or personal injury. We explained that requiring a showing of more than
economic loss was necessary to preserve the boundary between tort and con... More...
   $0 (01-19-2018 - CA)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Evertee Simmons and Dontell Stephens v. Ric Bradshaw, Palm Beach Sheriff Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Dontrell Stephens was shot four times by Deputy Sheriff Adams Lin during
an encounter in West Palm Beach, Florida, on September 13, 2013. As a result,
Stephens now suffers from permanent paralysis.
In an action brought against Deputy Lin as an individual and Sheriff Ric
Bradshaw in his official capacity as the sheriff of Palm Beach County, the district
court granted summary jud... More...
   $0 (01-11-2018 - FL)

WANDA COLLINS, as Personal Representative of the ESTATE OF WILLIAM “MACK” VAUGHAN v. ST. VINCENT HOSPITAL, INC COURT OF APPEALS OF THE STATE OF NEW MEXICO

William “Mack” Vaughan presented at the emergency department of Defendant
11 St. Vincent Hospital, Inc. (the Hospital) in Santa Fe, New Mexico in August 2002
12 with complaints of abdominal pain. He was seen in the emergency department by Dr.
13 Martin Wilt, who was a subcontractor/partner of Northern New Mexico Emergency
14 Medical Services, and who ordered a CT scan. The scan was... More...
   $0 (01-09-2018 - NM)

STATE OF NEW MEXICO v. JOSHUA MAESTAS New Mexico Supreme Court

Following the altercation with Defendant, Barela received treatment for a
10 concussion at Presbyterian Medical Center and her doctor reported a domestic
11 incident to the police. While at the hospital, Deputy Metzgar of the Bernalillo County
12 Sheriff’s Department recorded his interview with Barela, who alleged that on
13 December 2, 2009, Defendant had physically abused her a... More...
   $0 (01-09-2018 - NM)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

SOMVANG CHANTHASALO Vs. MELISSA DESHOTEL, DEBRA SCHUM, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, RONALD J. MITCHELL, USAA CASUALTY INSURANCE COMPANY, AND PROGRESSIVE SECURITY INSURANCE COMPANY

On January 17, 2014, while traveling on Interstate-10, near the Williams
Boulevard and Loyola Street exits in Kenner, Louisiana, Ms. Deshotel’s vehicle
rear-ended Mr. Chanthasalo’s truck (“Accident No. 1”). After the collision, Mr.
Chanthasalo and Ms. Deshotel pulled their respective vehicles onto the shoulder of
the road to assess property damages and report the accident to t... More...
   $0 (01-06-2018 - LA)

Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

STATE OF OHIO - vs - MARQUE DAQUAN BROWN

This case stems from an altercation that occurred between appellant and
his girlfriend, Taisha Ramirez, on or about May 25, 2014. On that date, appellant and
Taisha were 20 and 17 years old, respectively. Taisha was approximately seven or eight
months pregnant with appellant’s son. They resided together at the home of Taisha’s
mother, Marilyn Cedeno; Taisha’s brothers, Jose ... More...
   $0 (01-04-2018 - OH)

Josh Finkelman v. National Football League, et al. United States Third Circuit Court of Appeals

Plaintiff Josh Finkelman had the once-in-a-lifetime
opportunity to buy tickets to Super Bowl XLVIII held in his
home state of New Jersey in February 2014. However, the
National Football League (“NFL”) withheld almost all of these
tickets—99%—from the general public for league insiders,
offering the remaining 1% to lucky winners of a lottery that all
could enter. To get his ... More...
   $0 (12-30-2017 - NJ)

STATE OF KANSAS v. BRADLEY S. STANLEY

In the early hours of August 14, 2015, Womack was receiving treatment at the Ottawa County Health Center after being beaten by her boyfriend at the time, Stanley. When Deputy Aaron Zeigler arrived at the hospital, he was initially unable to recognize Womack due to the bruising and swelling of her face. In assessing Womack, Zeigler noted her nose was bleeding, her mouth had blood around it, and th... More...   $0 (12-29-2017 - KS)

Keith Turley v. Familian Corporation Alameda County California Courthouse - Oakland, California

Plaintiffs husband and wife sued for asbestos-related injury against numerous
defendants, including defendant Familian Corporation. Familian moved for summary
judgment on the basis that plaintiffs could not show exposure to asbestos in a Familianrelated
product. Plaintiffs’ opposition included a declaration from a third party witness
who had not been deposed, who testified in detai... More...
   $0 (12-28-2017 - CA)

T.H., a Minor, etc. v. Novartis Pharmaceuticals Corporation California Supreme Court Building - Sacamento, California

Under California law, a brand-name drug manufacturer has a duty to warn
of known or reasonably knowable adverse effects arising from an individual’s use
of its drug. (See Stevens v. Parke, Davis & Co. (1973) 9 Cal.3d 51, 65.) In this
case, we examine whether — and if so, under what circumstances — a brandname
drug manufacturer may be sued under a theory of “warning label” liability... More...
   $0 (12-25-2017 - CA)

STATE OF IOWA vs. RICHARD GENE SHAWHAN Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma... More...
   $0 (12-24-2017 - IA)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

Westmoreland Coal Company v. Herskel D. Stallard, Director, Office of Workers' Compensation Programs, United States Department of Labor Fourth Circuit Court of Appeals - Richmond, Virginia

Petitioner Westmoreland Coal Company challenges a final decision and order by the U.S. Department of Labor Benefits Review Board (the “Board”) granting federal disability benefits to Respondent Herskel Stallard, a retired coal miner, under the Black Lung Benefits Act (the “Black Lung Act”), 30 U.S.C. § 901 et seq. The Board affirmed a decision by the Administrative Law Judge (“ALJ”) concluding tha... More...   $0 (12-21-2017 - VA)

Ulysses White v. Conagra Packaged Foods, LLC

Patricia White (“Claimant”) appeals the decision of the Labor and Industrial Relations Commission (“Commission”) denying workers’ compensation for the death of her husband, Ulysses White (“White”). White suffered a fatal cardiovascular event while at work. Claimant contends the Commission erred by applying the wrong burden of proof to claims under sections 287.120 and 287.0201 of the workers’ comp... More...   $0 (12-19-2017 - MO)

Antoinette Rossetta v. Citimortgage, Inc.

Plaintiff Antoinette Rossetta appeals from a judgment dismissing her second
amended complaint1 after the trial court sustained a demurrer by defendants
CitiMortgage, Inc. (CitiMortgage) and U.S. Bank National Association as Trustee for
Citicorp Residential Trust Series 2006-1 (2006-1 Trust). The complaint asserts causes of
action for intentional misrepresentation, negligent misrepr... More...
   $0 (12-18-2017 - CA)

In re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

Real parties in interest, Four J’s Community Living Center, Inc. (“Four J’s) and Anthonia Uduma (“Uduma”), have filed motions for rehearing and for en banc reconsideration of our April 27, 2017 opinion. We deny the motion for rehearing, but withdraw our opinion and issue the following opinion in its stead. Because we issue a new opinion in connection with the denial of rehearing, the motion for en... More...   $0 (12-18-2017 - TX)

S.V. Gopalratnam v. Hewlett-Packard Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Plaintiffs’ son tragically perished in a fire at plaintiffs’ home in June 2010. Believing that the fire was caused by a defective lithium ion battery cell from their son’s laptop, plaintiffs filed a products liability suit against separate manufacturers of the laptop, battery pack, and indi-vidual battery cells. Plaintiffs supported their causation the-ory solely through testimony from two expert ... More...   $0 (12-17-2017 - WI)

Paul Richard Butts v. Marcus Martin, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

Plaintiff–Appellant Paul Richard Butts, a Hasidic Jewish federal prisoner at the Federal Corrections Complex in Beaumont, Texas (“FCC
United States Court of Appeals
Fifth Circuit
FILED
December 8, 2017
Lyle W. Cayce
Clerk
No. 15-41640
2
Beaumont”), filed a Bivens1 suit against numerous Bureau of Prisons (“BOP”)
employees, all of whom worked at FCC Beaumont. ... More...
   $0 (12-15-2017 - TX)

Houston Methodist Willowbrook Hospital v. Mary Lou Ramirez

This is an accelerated appeal from the denial of a motion to dismiss a health
care liability claim. Mary Lou Ramirez alleges that Houston Methodist
Willowbrook Hospital is liable for her personal injuries stemming from her slip
and fall inside a hospital building. The hospital contends that Ramirez’s sole cause
2
of action is a health care liability claim, yet she failed to ser... More...
   $0 (12-14-2017 - TX)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl... More...
   $0 (12-12-2017 - MA)

Amber N. Heath v. Deaconess Physician Services, LLC d/b/a Alliance Health Group - Cardiovascular Care Oklahoma County Oklahoma Courthouse - Oklahoma City, Oklahoma

Oklahoma City, OK - Amber N. Heath, as surviving spouse and next of kin of Jermeiah C. Heath, deceased, sued Deaconess Physician Services, LLC d/b/a Alliance Health Group - Cardiovascular Care on a medical negligence theory.

Plaintiff claimed that Jermeiah C. Heath received substandard care at Deaconess hospital in Oklahoma city on or about March 6, 2015 and died on May 2, 2015 as a dire... More...
   $1 (12-11-2017 - OK)

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