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A.M.L. v. U.S. (MLW No. 79520/Case No. 21-3176 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Appealed from U.S. District Court, District of Minnesota, Doty, J. (Paul W. Rogosheske, of South St. Paul, MN, for appellant) (Gregory G. Booker, AUSA, of Minneapolis, MN, for appellee)

Where a student and her mother challenged the dismissal of her petition for negligence against a teacher, to whom the student disclosed that another teacher was pursuing a relationship with her, the dismissal of the petition for failure to state ...

Tagged with: Child Abuse Reporting public-duty doctrine Teacher Defendant

Where the family of a man who died from asbestosis sued the manufacturer of asbestos-containing boilers, which the man inspected as part of his job, the summary judgment record presented a genuine dispute to be decided by a jury as ...

Tagged with: Causation Exposure to Asbestos

Where plaintiffs brought a medical malpractice action against a clinic and a doctor claiming that the doctor provided negligent post-operative care following an ovarian cyst-removal procedure, allegedly resulting in an infection and infertility, the two-year statute of limitations began running ...

Tagged with: Continuing Care Doctrine medical malpractice Statute Of Limitations

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so ...

Tagged with: defective design Failure To Warn products liability

Plaintiff appealed from the summary judgment entered for defendants. Plaintiff had filed suit on behalf of his minor child for injuries the child suffered from a dog bite. The dog was kept on premises owned by defendants that they leased ...

Tagged with: dog bite Proof of Ownership

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when ...

Tagged with: product liability Stream of Commerce Sufficiency Of Evidence

Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s ...

Tagged with: Denial Of Coverage motor vehicle accident underinsured motorist coverage

Plaintiff suffered serious injuries to his fingers. He filed suit against defendant, the successor to the designer of the machine that injured him. The district court granted summary judgment to defendant, ruling that plaintiff failed to provide evidence of when ...

Tagged with: product liability Stream of Commerce Sufficiency Of Evidence

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s ...

Tagged with: Denial Of Coverage motor vehicle accident underinsured motorist coverage

Plaintiff filed suit against defendant, alleging that defendant published false and defamatory statements regarding a criminal complaint filed against plaintiff’s former fleet manager, charging him with theft by swindle. The district court dismissed plaintiff’s complaint, ruling that plaintiff was a ...

Tagged with: Actual Malice defamation Limited-Purpose Public Figure