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Torts

Torts: Title IX-Protection Against Stalking and Harassment-Failure to Adequately Investigate

Plaintiffs filed suit against defendant pursuant to Title IX, alleging that defendant failed to protect them from stalking and sexual harassment by a fellow student by inadequately responding to their complaints. The district court granted defendant’s motion for summary judgment, ...

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Negligence: Product Liability-Design Defect-Breach of Express Warranty

Defendants appealed from the judgment entered in favor of plaintiffs on their breach-of-express-warranty claim. Plaintiff Jeffrey Klingenberg suffered an injury after falling from a ladder designed and sold by defendants; plaintiffs alleged that the weight label on the ladder created ...

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Negligence: Legal Malpractice-Equitable Garnishment against Insurance

Plaintiff appealed the adverse summary judgment granted in her action filed on behalf of decedent seeking equitable garnishment against a claims-based, professional-liability insurance policy issued by defendant. The trial court ruled that the policy did not afford coverage to plaintiff ...

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Negligence: FRSA-Retaliation-Jury Instructions

Where a plaintiff who suffered an eye injury while working for his railway employer challenged an adverse verdict on retaliation claims brought under the Federal Railroad Safety Act, the jury instructions misstated the “honestly held belief” defense in the context ...

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Torts: Tortious Interference-Sufficiency of Evidence-Damages

Where an oil producer challenged a jury verdict for a independent trucking contractor who alleged that the oil producer had tortuously interfered with the business relationship between the contractor and his best customer, the evidence was sufficient to support the ...

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Negligence: Negligent Supervision and Training-Service-Connected Disability-Emotional and Physical Distress

Plaintiff filed suit against the United States for negligent supervision and training, alleging that he suffered emotional and physical distress after the Department of Veterans Affairs initially erroneously determined that his corneal ulcerations were not connected to plaintiff’s Army service. ...

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