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Tag Archives: Torts

Torts: Toxic-Chemical Spill Corporate-Successor Liability Migration of Contamination

Where homeowners challenged the entry of summary judgment against them after they sued defendants as the corporate successor of a metal-fabrication facility that spilled toxic chemicals and allegedly contaminated the homeowners’ property, the judgment is affirmed in part on claims ...

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Torts: Wrongful Death-Statute of Limitations-Savings Clause

  Plaintiffs appealed the grant of summary judgment to defendant, which argued that plaintiffs’ wrongful-death action was barred by the applicable statute of limitations. On appeal, plaintiffs argued that their action was timely filed and re-filed within the statutory savings ...

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Torts: Federal Tort Claims Act-Discretionary Function Exception-Sovereign Immunity

Where a man, who was severely injured while working in a gravel mine, sued the United States under the Federal Tort Claims Act alleging that his injuries were caused in part by a federal mine inspector’s inadequate inspection, the discretionary-function ...

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Torts: Fair Labor Standards Act-Standing-Independent Contractor

  Where a plaintiff sued his former employer claiming that he was terminated in violation of the Fair Labor Standards Act and Minnesota Whistleblower Act as retaliation for his legal action against the company, summary judgment for the defendants is ...

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Torts: Dividend Transaction-Fraud-Unjust Enrichment

  Plaintiff filed suit against defendant, asserting claims of fraud, conversion and unjust enrichment arising from defendant Calissio Resources Group’s quarterly dividend. The district court dismissed all claims against Calissio’s stock transfer agent and the broker intermediary defendants. Where securities ...

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Torts: Assault-Personal Injury-Dismissal

Plaintiff appealed the district court’s dismissal of all of his claims against all defendants. Where the court could find no error in the district court’s dismissal of plaintiff’s complaint or abuse of discretion in the district court’s denial of plaintiff’s ...

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Torts: Product Liability-Severance of Plaintiffs-Writ of Prohibition

Plaintiffs filed suit against relators alleging they manufactured and sold talc powder that caused plaintiffs to develop ovarian cancer. Relators moved to sever, arguing the various plaintiffs’ claims should be transferred to St. Louis County or the plaintiffs’ home districts. ...

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Torts: Joint Bank Account-Transfer of Funds-Rights of Survivorship

Where plaintiff brought claims of money had and received and unjust enrichment against his former girlfriend after she moved out with their child and transferred money from an account they held jointly with rights of survivorship, cases addressing the rights ...

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Torts:Federal Tort Claims Act-Motion to Recuse-Prima Facie Claim

Plaintiffs appealed from the dismissal of their action brought pursuant to 28 U.S.C. §1346(b) and the Federal Tort Claims Act against three agencies within the U.S. Department of Agriculture. Plaintiffs further appealed from the district court judge’s denial of their ...

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Torts: Trip-and-Fall- Disclosure of Expert Identities- Treating Physician Opinions

Plaintiff suffered a fall in defendant’s store. Plaintiff relied upon statements of two treating physicians as expert opinion on causation. However, plaintiff failed to make a timely expert-witness disclosure or provide a summary of his physicians’ expected testimony. The district ...

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Torts: Products Liability- Default Judgment- Service of Process on Defunct Company

Defendant was a defunct corporation sued by plaintiff for alleged defects in safety equipment manufactured by defendant. Defendant’s former president continued to accept service of process at his residence, but after his death defendant made no arrangements for alternative service ...

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