BP Products North America Inc. ( BP ) submits that we all the Court and all

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "BP Products North America Inc. ( BP ) submits that we all the Court and all"

Transcription

1 MASTER FILE NO. 10UC0001 Filed 13 November 19 P2:08 John D. Kinard District Clerk Galveston District IN RE: } IN THE DISTRICT COURT OF } TEXAS CITY REFINERY ULTRACRACKER } EMISSION EVENT LITIGATION } GALVESTON COUNTY, TEXAS } } 56TH JUDICIAL DISTRICT BP PRODUCTS PROPOSED PLAN TO RESOLVE ALL CLAIMS BP Products North America Inc. ( BP ) submits that we all the Court and all lawyers for all parties should have the goal to resolve all claims currently on file in this MDL proceeding in a reasonable time. BP submits that our goal should be to resolve all claims fully and finally within three years, i.e., on or before Thanksgiving Our failure to do so can have only one result the unnecessary imposition of extraordinary and unreasonable cost and burden on (i) this court, (ii) every party and lawyer involved, and (iii) the citizens of Galveston County. The three-part plan outlined in this filing is designed to resolve all claims currently on file in this matter by Thanksgiving Roughly 49,000 individual claims are currently on file for roughly 45,000 unique individual plaintiffs. Roughly one-third of those plaintiffs reside or work within 2 miles of the BP Texas City Refinery Ultracracker flare. Based on the air modeling performed for plaintiffs by Dr. Rosenfeld (70% DRE, ULC flare and routine emissions combined, full event averages), some limited number of plaintiffs living or working within 2 miles of the BP Texas City Refinery ULC flare were exposed to very small amounts of benzene, NO 2 and SO 2 : up to 5 ug/m 3 of benzene, up to 5 ug/ m 3 of NO 2 and up to 5 ug/ m 3 of SO 2. This is less than or equal to 3% of the NAAQS or ESLs for these chemicals. But most plaintiffs living or working within 2 miles of the BP Texas City Refinery 1

2 Ultracracker flare were exposed to even less: less than 2 ug/m 3 of benzene, less than 2 ug/m 3 of NO 2 and less than 2 ug/m 3 of SO 2. 2 ug/m 3 of these chemicals is roughly 1% of the NAAQS or ESLs for these chemicals. See graphic demonstratives attached as Exhibits 1-3. There is no scientific or medical literature meeting Havner/Robinson requirements that associates this level of exposure with any injury claimed by any plaintiff in this MDL proceeding. For now, and for the sake of this proposed plan, however, BP will allow for the possibility that some subset of plaintiffs living and working within 2 miles of the BP Texas City Refinery Ultracracker flare could (i) prove that he or she was injured by exposure to chemicals emitted by BP during April and May 2010 and (ii) have a verdict in his or her favor upheld by the court of appeals and Texas Supreme Court. BP s plan allows for this possibility. But the majority of claimants in this action reside or work further away 3, 4, 5 miles away and many even greater distances. There is no reasonable basis to believe that any of these claimants can (i) prove that he or she was injured by exposure to chemicals emitted by BP during April and May 2010 and (ii) have a verdict in his or her favor upheld by the court of appeals and Texas Supreme Court. These parties are simply clogging up this court and interfering with the prospect that any plaintiff living and working closer to the refinery may ever have an opportunity to prove a meritorious claim. BP proposes that the court and parties begin to implement an efficient process now to dismiss claims that cannot prove merit. 2

3 I. BP s Plan to Resolve All Claims Within 3 Years BP s plan consists of three different approaches to three different categories of claims. These are: (1) targeted housekeeping motions to dismiss claims that are deficient for reasons other than the merits, e.g., duplicate claims; (2) limited discovery and, if necessary, motions for summary judgment to dismiss plaintiffs who cannot prove injury caused by chemicals emitted by BP during April and May 2010; and, (3) trials and appeals. A. Housekeeping Motions. Duplicate Claims. Thousands of claims on file in this matter are deficient and should be dismissed for reasons other than the merits. For example, more than 4,000 plaintiffs filed claims more than once. BP recently brought 20 sample motions to dismiss the second-filed complaint under Curtis v. Gibbs, 511 S.W.2d 263 (Tex. 1974). In the future, BP proposes to bring motions against 500 plaintiffs at a time, attaching spreadsheets showing (a) the name of the plaintiff, (b) the first filed (surviving) complaint number, (c) the second-filed (to be dismissed) complaint number, and offering supporting information on request and/or at any hearing requested by any plaintiff. If BP files two such motions per month, all duplicate claims should be dismissed by mid OCIP-Covered Workers. More than 1,000 plaintiffs claim exposure while working for BP or a BP contractor at the BP Texas City Refinery during April-May BP maintains an Owner Controlled Insurance Program (OCIP) for workers compensation insurance for BP and its contractors. Accordingly, these worker claims are barred because the workers compensation system provides the exclusive remedy. BP 3

4 proposes to file one or more test motions for summary judgment to dismiss the claims of these plaintiffs in January Thereafter, BP proposes to file summary judgment motions against larger groups of OCIP-covered plaintiffs, with the goal to have all such claims dismissed in Fact Sheet Defaults. Thousands of plaintiffs did not serve Fact Sheets when due, nor after notice and an opportunity to cure. Additional thousands of plaintiffs filed materially incomplete Fact Sheets and have not completed them after notice and an opportunity to cure. BP proposes that to file motions to dismiss these plaintiffs, with the goal to have all such claims dismissed in B. Dismissal of Non-Trial Pool Plaintiffs Who Cannot Prove Injury. BP recently sent a short set of Interrogatories, Requests to Admit and Requests for Production to a sample group of 70 plaintiffs. These plaintiffs were selected from the group who live and work more than 2 miles from the BP Texas City Refinery. In simple terms, this limited discovery asks each targeted plaintiff to admit that he or she has no evidence to prove an injury caused by exposure to chemicals emitted by BP during April and May 2010; and, if denied, to provide all supporting evidence to BP. BP expects that, in response, these sample plaintiffs will (i) file nonsuits, (ii) default in meeting their discovery obligations, or (iii) produce evidence that is insufficient to prove an injury. BP proposes to use this sample to establish efficient procedures to dismiss the claims of plaintiffs who cannot prove an injury. More specifically, BP believes that most (likely all) plaintiffs who live and work more than 2 miles from the BP Texas City Refinery cannot under any conceivable set 4

5 of circumstances prove an injury caused by exposure to chemicals emitted by BP during April and May Whatever those plaintiffs and their lawyers may have believed at the time complaints were filed, by now they should know that they cannot prove those claims. Every plaintiff who now knows or whose attorney now knows that that plaintiff cannot prove that he or she has an injury caused by exposure to chemicals emitted by BP during April and May 2010 should file a voluntary non-suit. In order to stimulate them to file nonsuits and to develop a foundation to dismiss their claims if they do not nonsuit their claims, BP proposes to send waves of equivalent discovery requests to selected plaintiffs who live and work more than 2 miles away from the BP Texas City Refinery. BP proposes to send this initial discovery to 10,000 or more plaintiffs in 2014 and similar numbers in 2015 and In the event that any plaintiffs receiving this discovery produce evidence purporting to prove an injury caused by exposure to chemicals emitted by BP during April and May 2010, BP proposes to file sample motions for summary judgment to demonstrate that that evidence is insufficient to prove a claim. If the court grants those motions, some plaintiffs may appeal and then we all will have appellate guidance that will be instructive in the handling of remaining claims. If the court denies any of those motions, BP will ask the court to certify that ruling so that BP may obtain appellate guidance to help BP, this court and the remaining plaintiffs know how best to develop and to resolve remaining claims. 5

6 In the event that any plaintiffs do not file nonsuits and also do not adequately respond to this discovery, BP proposes to file motions to dismiss those plaintiffs as a sanction for discovery default. C. Trials and Appeals. BP understands that some (maybe all) plaintiff lawyers in this matter propose to try more cases. That is simple enough to do, as the parties have already prepared for trial 200 Trial Pool Plaintiffs. BP does not object to trying the claims of one or more groups of up to 6 Trial Pool Plaintiffs consistent with the terms of the existing Docket Control Order. Indeed, BP allows for the possibility that trying the claims of a few more groups of Trial Pool Plaintiffs, and testing any plaintiff verdicts on appeal, may help the court and the parties to determine whether any plaintiff in this matter may have a viable claim and, if so, how to identify such a plaintiff and how to resolve his or her claim. But trying and appealing more cases has extreme limits to help this court and the parties to resolve all claims in this MDL proceeding within 3 years or even within the lifetime of the youngest plaintiff. Even assuming that we try the claims of four 6-person groups per year, it would take well over 1,000 years to resolve all claims. The outcome of any one trial is not binding on any other party. For example, if the next jury renders another defense verdict, will all remaining plaintiffs accept that as confirmation that all other claims have no value; 49,000 voluntary nonsuits to follow? If the next jury renders a verdict for some plaintiffs and that verdict is reversed and rendered on appeal, will all other plaintiffs nonsuit their claims in that event? If one or more plaintiffs in any trial win an award that is not reversed on appeal, will BP find that instructive on whether any 6

7 other plaintiff suffered and can prove injury? The answer to all of these questions is, of course, no. Put simply: more trials and, if necessary, appeals is the least efficient tool available to the court and the parties for resolving all claims in this MDL proceeding, but BP allows for the possibility that something of value may come from it and so includes trials and appeals in its proposed plan. II. Open Issues This plan, as currently expressed, does not provide a fixed plan for resolving the claims of all plaintiffs living and working within 2 miles of the BP Texas City Refinery. Instead, it assumes that the experience of the court and the parties resolving claims pursuant to the three approaches outlined above will provide guidance and framework for resolving claims of this group not otherwise resolved under the three approaches. Respectfully submitted, McLEOD, ALEXANDER, POWEL & APFFEL, P.C. By: /s/ Katherine D. Mackillop James B. Galbraith State Bar No Rosenberg Street Post Office Box 629 Galveston, Texas Telephone: (409) Telecopier: (409)

8 TEKELL, BOOK, ALLEN & MORRIS, L.L.P. Kenneth Tekell, Sr. State Bar No Mike Morris State Bar No McKinney, Suite 4300 Houston, Texas Telephone: (713) Telecopier: (713) FULBRIGHT & JAWORSKI LLP Otway B. Denny, Jr. State Bar No Katherine D. Mackillop State Bar No Fulbright Tower 1301 McKinney, Suite 5100 Houston, Texas Telephone: (713) Telecopier: (713) BRACEWELL & GIULIANI LLP Warren W. Harris State Bar No Louisiana Street, Suite 2300 Houston, Teas Telephone: (713) Telecopier: (713) FERNELIUS ALVAREZ PLLC Stephen M. Fernelius State Bar No One Houston Center 1221 McKinney Street, Suite 3200 Houston, TX Telephone: (713) Telecopier: (713)

9 SQUIRE SANDERS (US) LLP Damond R. Mace Stephen Fazio 4900 Key Tower 127 Public Square Cleveland, Ohio Telephone: (216) HERRICK & ASSOCIATES, P.C. David P. Herrick State Bar No Preston Road, Suite 480 Dallas, TX Telephone: (214) Telecopier: (214) BP PRODUCTS NORTH AMERICA INC. William Noble State Bar No Westlake Park Blvd. Houston TX Telephone: (281) ATTORNEYS FOR DEFENDANT BP PRODUCTS NORTH AMERICA INC. CERTIFICATE OF SERVICE In compliance with Rules 21 and 21a of the Texas Rules of Civil Procedure, this pleading was served upon the following counsel of record on November 19, Mr. Anthony G. Buzbee THE BUZBEE LAW FIRM 600 Travis, Suite 7300 Houston, Texas NOTICE COUNSEL FOR PLAINTIFFS Via and Hand Delivery /s/ Katherine D. Mackillop KATHERINE D. MACKILLOP

10 EXHIBIT 1

11 SO2 Event Averages at 70% DRE (Rosenfeld) μg/m Some Plaintiffs within 2 miles of the ULC Flare were exposed to up to 5 μg/m3 of SO2 based on Rosenfeld s model using 70% DRE, flare and routine emissions and 960 hourly averages. Most Plaintiffs within 2 miles were exposed to less than 2 μg/m % of NAAQS 2.5% of NAAQS 0 NAAQS Most Some

12 EXHIBIT 2

13 NO2 Event Averages at 70% DRE (Rosenfeld) μg/m Some Plaintiffs within 2 miles of the ULC Flare were exposed to up to 5 μg/m3 of NO2 based on Rosenfeld s model using 70% DRE, flare and routine emissions and 960 hourly averages. Most Plaintiffs within 2 miles were exposed to less than 2 μg/m % of NAAQS 2.5% of NAAQS 0 NAAQS Most Some

14 EXHIBIT 3

15 Benzene Event Averages at 70% DRE (Rosenfeld) μg/m Some Plaintiffs within 2 miles of the ULC Flare were exposed to up to 5 μg/m3 of Benzene based on Rosenfeld s model using 70% DRE, flare and routine emissions and 960 hourly averages. Most Plaintiffs within 2 miles were exposed to less than 2 μg/m % of ESL 3% of ESL 0 ESL Most Some

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-13-00125-CV CHRISTOPHER EDOMWANDE APPELLANT V. JULIO GAZA & SANDRA F. GAZA APPELLEES ---------- FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

If you have been sued as a defendant in a civil case...keep reading.

If you have been sued as a defendant in a civil case...keep reading. If you have been sued as a defendant in a civil case...keep reading. Court procedures can be complex. This brochure was developed to help Ohioans who are considering representing themselves in court. It

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION HARLEYSVILLE MUTUAL INSURANCE COMPANY : FEBRUARY TERM, 2007 v. : No. 3801 RITE AID CORPORATION,

More information

to add a number of affirmative defenses, including an allegation that Henry s claim was barred

to add a number of affirmative defenses, including an allegation that Henry s claim was barred REVERSE and REMAND; and Opinion Filed May 11, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00616-CV DOROTHY HENRY, Appellant V. BASSAM ZAHRA, Appellee On Appeal from the

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

Personal Injury Litigation

Personal Injury Litigation Personal Injury Litigation The Anatomy of a New York Personal Injury Lawsuit An ebook by Stuart DiMartini, Esq. 1325 Sixth Avenue, 27 th Floor New York, NY 10019 212-5181532 dimartinilaw.com Introduction

More information

The court held a hearing on March 27, 2008 to consider the application by

The court held a hearing on March 27, 2008 to consider the application by STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CIVIL ACTION Do.cket Nos. cv-70-10..d. AP-06-56 ' I ',, '.', ',1-- I I. C\ J. ELIZABETH NIITCHELL, et al., v. Plaintiffs, PORTLAND FINE FURNITURE and DESIGN

More information

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION JOHN FRAZIER HUNT, : DECEMBER TERM, 2004 Plaintiff, : No. 2742 v. : (Commerce Program) NATIONAL

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT If you settled a personal injury or worker s compensation claim with Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company,

More information

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF IOWA

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF IOWA IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF IOWA IN THE MATTER OF: Chapter 7 Case No. 97-03618 DJ THOUSAND ADVENTURES, INC., Debtor. ERIC W. LAM, exclusively in his capacity as Adversary

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appeal of: The Buzbee Law Firm No. 3340 EDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appeal of: The Buzbee Law Firm No. 3340 EDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 OBERMAYER REBMANN MAXWELL & HIPPEL, LLP IN THE SUPERIOR COURT OF PENNSYLVANIA Appellee THIRD PILLAR SYSTEMS, INC. AND THE BUZBEE LAW FIRM v.

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Affirmed and Opinion filed September 13, 2001. In The Fourteenth Court of Appeals NO. 14-00-00917-CV MELANIE A. BOBO, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE ESTATE OF WILLIAM HENRY BOBO, JR., DECEASED,

More information

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 26, 2012

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 26, 2012 IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 26, 2012 JANICE RIDDLE v. KEITH CARLTON Direct Appeal from the Circuit Court for Shelby County No. CT-001065-II Kay Spalding Robilio,

More information

Amy S. Harris Shareholder

Amy S. Harris Shareholder Shareholder Amy Harris joined Macdonald Devin in 1989 and represents clients in state and federal trial and appellate courts, primarily in insurance defense litigation and insurance coverage. She has served

More information

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense

The N.C. State Bar v. Wood NO. COA10-463. (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The N.C. State Bar v. Wood NO. COA10-463 (Filed 1 February 2011) 1. Attorneys disciplinary action convicted of criminal offense The North Carolina State Bar Disciplinary Hearing Commission did not err

More information

Monday, September 18, 2010. Hightower v. Baylor University Medical Center Cause No. 05-10-00300-CV Fifth District Court of Appeals. Teaching Materials

Monday, September 18, 2010. Hightower v. Baylor University Medical Center Cause No. 05-10-00300-CV Fifth District Court of Appeals. Teaching Materials Monday, September 18, 2010 Hightower v. Baylor University Medical Center Cause No. 05-10-00300-CV Fifth District Court of Appeals Teaching Materials The Facts... 1 The Trial Court Proceeding... 1 The Appeal...

More information

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000079-A-O Lower Case No.: 2012-SC-002127-O Appellant, v.

More information

IN THE COURT OF APPEALS OF TENNESSEE, AT JACKSON

IN THE COURT OF APPEALS OF TENNESSEE, AT JACKSON IN THE COURT OF APPEALS OF TENNESSEE, AT JACKSON CATHERINE EDMUNDSON, Shelby County Circuit Court No. 64772-3 T.D. Plaintiff/Appellee. VS. C.A. No. 02A01-9810-CV-00298 FILED October 6, 1999 Cecil Crowson,

More information

Compulsory Arbitration

Compulsory Arbitration Local Rule 1301 Scope. Compulsory Arbitration Local Rule 1301 Scope. (1) The following civil actions shall first be submitted to and heard by a Board of Arbitrators: (a) (b) (c) (d) Civil actions, proceedings

More information

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee

NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS. JAMES PAUL DOWNEY, Appellant. THE STATE OF TEXAS, Appellee NO.05-09-00055-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS JAMES PAUL DOWNEY, Appellant v. THE STATE OF TEXAS, Appellee ON APPEAL FROM THE COUNTY CRIMINAL COURT NO.9 OF DALLAS

More information

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION

CIVIL APPEALS PAMPHLET PRO BONO PROJECT FOR THE SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION CIVIL APPEALS PAMPHLET FOR THE PRO BONO PROJECT SPONSORED AND ADMINISTERED BY THE PRO BONO COMMITTEES FOR THE STATE BAR OF TEXAS APPELLATE SECTION AND THE HOUSTON BAR ASSOCIATION APPELLATE SECTION IN THE

More information

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS SEBASTIAN/MELBOURNE DISTRICT OFFICE

STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS SEBASTIAN/MELBOURNE DISTRICT OFFICE Ronald Matheny, Employee/Claimant, STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OFFICE OF THE JUDGES OF COMPENSATION CLAIMS SEBASTIAN/MELBOURNE DISTRICT OFFICE OJCC Case No. 14-029102RLD vs. Accident

More information

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) DECISION AND JOURNAL ENTRY

STATE OF OHIO ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) DECISION AND JOURNAL ENTRY [Cite as Dunn v. State Auto. Mut. Ins., 2013-Ohio-4758.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) COLUMBUS E. DUNN Appellant C.A. No. 12CA010332 v. STATE

More information

CAUSE NO. 02-01125-J CHARLES DURHAM IN THE 191ST DISTRICT COURT LARVAN PERAILTA DALLAS COUNTY, TEXAS PLAINTIFF S MOTION TO RECOVER EXPENSES OF PROOF

CAUSE NO. 02-01125-J CHARLES DURHAM IN THE 191ST DISTRICT COURT LARVAN PERAILTA DALLAS COUNTY, TEXAS PLAINTIFF S MOTION TO RECOVER EXPENSES OF PROOF CAUSE NO. 02-01125-J CHARLES DURHAM IN THE 191ST DISTRICT COURT VS. LARVAN PERAILTA DALLAS COUNTY, TEXAS PLAINTIFF S MOTION TO RECOVER EXPENSES OF PROOF TO THE HONORABLE COURT: Comes Now, Charles Durham,

More information

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 89-267 790 S.W.2d 152 Supreme Court of Arkansas Opinion delivered May 21, 1990

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 89-267 790 S.W.2d 152 Supreme Court of Arkansas Opinion delivered May 21, 1990 310 Co. v. HESLIP [302 NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 89-267 790 S.W.2d 152 Supreme Court of Arkansas Opinion delivered May 21, 1990 ESTOPPEL EQUITABLE ESTOPPEL MAY BE

More information

IN THE COURT OF APPEALS OF MARYLAND. Misc. Docket AG. No. 13. September Term, 2005 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND WILLIAM M.

IN THE COURT OF APPEALS OF MARYLAND. Misc. Docket AG. No. 13. September Term, 2005 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND WILLIAM M. IN THE COURT OF APPEALS OF MARYLAND Misc. Docket AG No. 13 September Term, 2005 ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. WILLIAM M. LOGAN Bell, C.J. Raker Wilner Cathell Harrell Battaglia Greene JJ.

More information

AGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d

AGUIRRE v. UNION PACIFIC RR. CO. 597 Cite as 20 Neb. App. 597. N.W.2d AGUIRRE v. UNION PACIFIC RR. CO. 597 At the hearing on the motion to withdraw his plea, he requested that the court take judicial notice of a six-page portion of the U.S. statutes. The court took judicial

More information

Court of Appeals of Ohio

Court of Appeals of Ohio [Cite as Howell v. Park E. Care & Rehab., 2015-Ohio-2403.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 102111 DAVID HOWELL, JR., ETC. PLAINTIFF-APPELLEE

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session

IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session IN THE COURT OF APPEALS OF TENNESSEE AT MEMPHIS February 24, 2010 Session STEPHANIE JONES and HOWARD JONES v. RENGA I. VASU, M.D., THE NEUROLOGY CLINIC, and METHODIST LEBONHEUR HOSPITAL Appeal from the

More information

RULE 1. ASSIGNMENT OF CASES

RULE 1. ASSIGNMENT OF CASES LOCAL RULES FOR FOURTH CIRCUIT COURT DISTRICT OF MISSISSIPPI [Renumbered and codified by order of the Supreme Court effective May 18, 2006; amended effective April 23, 2009.] RULE 1. ASSIGNMENT OF CASES

More information

Case 4:14-cv Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 4:14-cv Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Case 4:14-cv-00283 Document 10 Filed in TXSD on 07/31/14 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION SELDA SMITH, Plaintiff, v. CIVIL ACTION H-14-283 WELLS FARGO

More information

NOTICE TO THE ASBESTOS BAR

NOTICE TO THE ASBESTOS BAR NOTICE TO THE ASBESTOS BAR Please be advised that the Case Management Order for Asbestos-Related Personal Injury Claims and the Asbestos Summary Judgment Motion Procedures have been revised, effective

More information

Large Law Firm structure

Large Law Firm structure Large Law Firm structure Senior Partners ultimate control over the firm Junior Partners all the partners own the firm together Although, how they divide profits depends on their agreement, which factors

More information

NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS

NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS 05/23/2014 "See News Release 028 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA NO. 14-B-0619 IN RE: DAVID P. BUEHLER ATTORNEY DISCIPLINARY PROCEEDINGS PER CURIAM Pursuant to Supreme

More information

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT SECOND DIVISION May 31, 2011 No. 1-10-0602 Notice: This order was filed under Illinois Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

WE MAY NOT BE ABLE TO TIMELY COMPLETE THIS PROCESS IF WE DO NOT RECEIVE THIS INFORMATON AT LEAST TWO (2) DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE.

WE MAY NOT BE ABLE TO TIMELY COMPLETE THIS PROCESS IF WE DO NOT RECEIVE THIS INFORMATON AT LEAST TWO (2) DAYS BEFORE YOUR SCHEDULED COURT APPEARANCE. We look forward to favorably resolving your traffic ticket/criminal law matter. Simply print this form and fill in the blanks. If this involves a traffic ticket, we understand that you want three things

More information

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ADMINISTRATIVE ORDER NO. 2009-02 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA ADMINISTRATIVE ORDER GOVERNING MANDATORY CIRCUIT COURT MEDIATION FOR OWNER-OCCUPIED

More information

Medicare Indemnity and Defense by Federal Mandate?

Medicare Indemnity and Defense by Federal Mandate? Medicare Indemnity and Defense by Federal Mandate? Christian R. Johnson Ebanks Horne Rota Moos LLP 1301 McKinney, Suite 2700 Houston, TX 77010 (713) 333-4500 (713) 333-4600 [fax] cjohnson@ethlaw.com www.ethlaw.com

More information

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas

The Enforceability of Mediated Settlement Agreements. By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas The Enforceability of Mediated Settlement Agreements By: Thomas J. Smith The Law Offices of Thomas J. Smith San Antonio, Texas NIGHTMARE ON MEDIATION STREET You mediate a case where the Plaintiff is suing

More information

Fourteenth Court of Appeals

Fourteenth Court of Appeals Reversed and Remanded and Opinion filed August 16, 2001. In The Fourteenth Court of Appeals NO. 14-00-00177-CV HENRY P. MASSEY AND ANN A. MASSEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF COURTNEY

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-12-01365-CV REVERSE and REMAND; and Opinion Filed April 3, 2015. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01365-CV UNITED MEDICAL SUPPLY COMPANY, INC., Appellant V. ANSELL HEALTHCARE PRODUCTS,

More information

Effective January 1, 2013. An attorney appointed as lead trial counsel in the trial of a death penalty case must:

Effective January 1, 2013. An attorney appointed as lead trial counsel in the trial of a death penalty case must: STANDARDS FOR QUALIFICATION OF ATTORNEYS FOR APPOINTMENT TO DEATH PENALTY CASES PURSUANT TO ARTICLE 26.052, TEXAS CODE OF CRIMINAL PROCEDURE, FOR THE THIRD ADMINISTRATIVE JUDICIAL REGION LEAD TRIAL COUNSEL

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

Your Legal Rights and Options in this Settlement

Your Legal Rights and Options in this Settlement IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE NOTICE OF PENDENCY OF CLASS ACTION SETTLEMENT If you owned, occupied and/or resided within residential property located within the Class Addresses on June 5-6,

More information

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund

RE: HF No. 173, 2009/10 Gary Timm v. Meade School District 46-1 and Associated School Boards of South Dakota Worker s Compensation Trust Fund March 29, 2011 James D. Leach Attorney at Law 1617 Sheridan Lake Road Rapid City, SD 57702-3783 Jessica L. Filler Tieszen Law Office Prof. LLC PO Box 550 Pierre, SD 57501 Letter Decision and Order RE:

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV Reversed and Remanded and Opinion Filed July 28, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00894-CV TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellant V. JOSEPH MCRAE,

More information

NOVEMBER 12, 2014 FINAL AGENDA PUBLIC COMMENTS ON AGENDA ITEMS AND OTHER MATTERS

NOVEMBER 12, 2014 FINAL AGENDA PUBLIC COMMENTS ON AGENDA ITEMS AND OTHER MATTERS NEW JERSEY TRANSIT CORPORATION NJ TRANSIT BUS OPERATIONS, INC. NJ TRANSIT RAIL OPERATIONS, INC. NJ TRANSIT MERCER, INC. NJ TRANSIT MORRIS, INC. REGULARLY SCHEDULED BOARD OF DIRECTORS MEETINGS CALL TO ORDER

More information

MALICIOUS PROSECTION

MALICIOUS PROSECTION MALICIOUS PROSECTION DALE JEFFERSON, Houston Martin, Disiere, Jefferson & Wisdom, L.L.P. State Bar of Texas CAUSES OF ACTION March 30-31, 2006 - Irving April 6-7, 2006 Houston CHAPTER 18 MALICIOUS

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION JASON LONG, Plaintiff, v. NO. 0:00-CV-000 ABC THE CHABON GROUP, INC., Defendant. DEFENDANT S MOTION FOR SUMMARY JUDGMENT

More information

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RONALD DUTTON, : : Consolidated Under Plaintiff, : MDL DOCKET NO. 875 : v. : CIVIL ACTION NO. : 09-62916 TODD SHIPYARDS CORP.,

More information

Case 3:13-cv-01461-G Document 8 Filed 04/25/13 Page 1 of 9 PageID 182

Case 3:13-cv-01461-G Document 8 Filed 04/25/13 Page 1 of 9 PageID 182 Case 3:13-cv-01461-G Document 8 Filed 04/25/13 Page 1 of 9 PageID 182 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION HILARY LONGSTREET, individually and on behalf

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00792-CV Richard LARES, Appellant v. Martha FLORES, Appellee From the 45th Judicial District Court, Bexar County, Texas Trial Court

More information

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Senior Partner, Chair, Employment Practices Group kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner of the Boston-based

More information

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:07-cv-00952-L Document 26 Filed 03/13/08 Page 1 of 6 PageID 979 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION RAFFAELE M. PANDOZY, Ph.D., Plaintiff, v. Civil Action

More information

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax

Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Kenneth B. Walton Partner, Chair, Employment Practices Group Member, Executive Committee kwalton@donovanhatem.com 617-406-4524 direct 617-406-4501 fax Experience Kenneth B. Walton is a Founding Partner

More information

GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO

GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO The purpose of these guidelines is to explain the standard and customary practices of the Clerk s Office of the United

More information

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors By: Joseph B. Carini III & Catherine H. Reiter Cole, Grasso, Fencl & Skinner, Ltd. Illinois Courts have long

More information

Appeal Bonds, Sureties, and Stays

Appeal Bonds, Sureties, and Stays Appeal Bonds, Sureties, and Stays Appellate Lawyers Association April 22, 2009 Brad Elward Peoria Office The Effect of a Judgment A judgment is immediately subject to enforcement and collection. Illinois

More information

Removal to Federal Court - The New Rules Making it a Federal Case: New Developments Presented by Kevin Schiferl Frost Brown Todd (Indianapolis, IN)

Removal to Federal Court - The New Rules Making it a Federal Case: New Developments Presented by Kevin Schiferl Frost Brown Todd (Indianapolis, IN) Removal to Federal Court - The New Rules Making it a Federal Case: New Developments Presented by Kevin Schiferl Frost Brown Todd (Indianapolis, IN) The Federal Courts Jurisdiction and Venue Clarification

More information

ESTATE OF JOHN JENNINGS. WILLIAM CUMMING et al. entered in the Superior Court (Waldo County, R. Murray, J.) finding George liable

ESTATE OF JOHN JENNINGS. WILLIAM CUMMING et al. entered in the Superior Court (Waldo County, R. Murray, J.) finding George liable MAINE SUPREME JUDICIAL COURT Decision: 2013 ME 103 Docket: Wal-13-175 Argued: October 7, 2013 Decided: November 26, 2013 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN

More information

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK Case 6:10-cv-01071-DNH-ATB Document 76-1 Filed 08/22/11 Page 1 of 5 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ONEIDA NATION OF NEW YORK, Plaintiff, v. Civil Action No. 6:10-CV-1071

More information

SUPREME COURT OF ARKANSAS No. 12-408

SUPREME COURT OF ARKANSAS No. 12-408 SUPREME COURT OF ARKANSAS No. 12-408 JAMES K. MEADOR V. APPELLANT T O T A L C O M P L I A N C E CONSULTANTS, INC., AND BILL MEDLEY APPELLEES Opinion Delivered January 31, 2013 APPEAL FROM THE BENTON COUNTY

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued November 14, 2013 In The Court of Appeals For The First District of Texas NO. 01-13-00236-CV OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES, P.A. N/K/A OBSTETRICAL AND GYNECOLOGICAL ASSOCIATES,

More information

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc.

Employers Mutual Insurance Co. (:MEMIC) and by defendant Yarmouth Lumber Inc. STATE OF MAINE CUMBERLAND, ss. SUPERIOR COURT CNILACTION Docket No. CV-06-404.' ~ 1\": \,.'" l,} \'}\ - / -~_..~'jl, --f'i 'j - C ~ ~, DONALD l. GARBRECHT v. ORDER LAW LIBRARY ROBERT HUTTON, et al, FEB

More information

Enrolled Copy H.B. 287

Enrolled Copy H.B. 287 Enrolled Copy H.B. 287 1 ARBITRATION FOR DOG BITES AMENDMENTS 2 2014 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: LaVar Christensen 5 Senate Sponsor: John L. Valentine 6 7 LONG TITLE 8 General Description:

More information

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION

IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION IN THE COURT OF COMMON PLEAS FIRST JUDICIAL DISTRICT OF PENNSYLVANIA CIVIL TRIAL DIVISION ACE PROPERTY & CASUALTY INSURANCE COMPANY, et al, NOVEMBER TERM, 2010 Plaintiff, No. 02290 v. R & Q REINSURANCE

More information

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY [Cite as Wright v. Miami Valley Hosp., 2013-Ohio-4233.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY BOBBIE WRIGHT : : Appellate Case No. 25542 Plaintiff-Appellant : : Trial

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT Filed 10/11/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT ED AGUILAR, Plaintiff and Respondent, v. B238853 (Los Angeles County

More information

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL

NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL NOTICE OF CLASS ACTION SETTLEMENT GRECO V. SELECTION MANAGEMENT SYSTEMS, INC. San Diego Superior Court Case No. 37-2014-00085074-CU-BT-CTL The Superior Court has authorized this notice. This is not a solicitation

More information

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-11-1354 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2012 IL App (1st 1111354-U SIXTH DIVISION April 20, 2012 No. 1-11-1354 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2

Illinois Association of Defense Trial Counsel, IDC Quarterly, Vol. 9., No. 2 Property Insurance By: Michael S. Sherman Chuhak & Tecson P.C. Chicago Extra-Contractual Damages Against Insurers: What is the Statute of Limitations? Background The Illinois Legislature has provided a

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: JUNE 28, 2013; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2011-CA-002289-MR KEITH BRADLEY AND ROCKY ADKINS APPELLANTS APPEAL FROM WOLFE CIRCUIT COURT v. HONORABLE

More information

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013

JUDICIAL BRANCH MEMORANDUM. Re: New Hampshire Superior Court Civil Rules Effective October 1, 2013 JUDICIAL BRANCH MEMORANDUM To: Attorneys; Legal Assistants; Litigants From: Patricia A. Lenz, Superior Court Administrator Julie W. Howard, Strafford Superior Court Clerk Date: Updated December 16, 2013

More information

ORDER OF THE SUPREME COURT OF TEXAS

ORDER OF THE SUPREME COURT OF TEXAS ORDER OF THE SUPREME COURT OF TEXAS Misc. Docket No. 0g----- ---- Appointment of a District Judge to Rule on a Motion to Recuse filed in a State Bar Disciplinary Action The Supreme Court of Texas hereby

More information

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas

Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. In The Court of Appeals Fifth District of Texas at Dallas Reverse and Render in part; Affirm in part; Opinion Filed December 29, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01546-CV OKLAHOMA SURETY COMPANY, Appellant/Cross-Appellee

More information

2:14-mn-02502-RMG Date Filed 05/09/14 Entry Number 128 Page 1 of 3

2:14-mn-02502-RMG Date Filed 05/09/14 Entry Number 128 Page 1 of 3 2:14-mn-02502-RMG Date Filed 05/09/14 Entry Number 128 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA CHARLESTON DIVISION IN RE: LIPITOR (ATORVASTATIN CALCIUM MARKETING,

More information

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Lacy, S.J.

Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Lacy, S.J. Present: Hassell, C.J., Keenan, Koontz, Kinser, Lemons, and Goodwyn, JJ., and Lacy, S.J. SHERMAN WHITAKER v. Record No. 071197 OPINION BY SENIOR JUSTICE ELIZABETH B. LACY June 6, 2008 HEINRICH SCHEPERS

More information

EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT

EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT Case 12-30885-hdh7 Doc 72 Filed 11/22/13 Entered 11/22/13 11:07:32 Page 15 of 27 EXHIBIT A NOTICE OF PROPOSED CLASS SETTLEMENT ALL PERSONS WHO PAID MONEY FOR A MEMBERSHIP IN LULLY S, INC. d/b/a THE RIGHT

More information

Early Intervention: The Key to a Full Subrogation Recovery

Early Intervention: The Key to a Full Subrogation Recovery Pappas & Suchma, P.C. May 2011 WORK COMP REPORTER I N S I D E T H I S I S S U E : Attorneys Inside Dean Story G. Pappas 2 Jane L. Suchma Inside Tommy Story L. Smith 2 Jerry Portele Inside Story Mary Markantonis

More information

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW

NO. 05-11-00657-CR. GLEN FRAZIER, Appellant. THE STATE OF TEXAS, Appellee BRIEF IN SUPPORT OF MOTION TO WITHDRAW NO. 05-11-00657-CR IN THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS AT DALLAS 5th Court of Appeals FILED: 03/23/2012 14:00 Lisa Matz, Clerk GLEN FRAZIER, Appellant v. THE STATE OF TEXAS, Appellee

More information

FACT SHEET FOR JUDGE SAM SPARKS

FACT SHEET FOR JUDGE SAM SPARKS FACT SHEET FOR JUDGE SAM SPARKS CIVIL CASES Contacting the Court 1. Who should be contacted regarding scheduling matters? Contact Linda Mizell, Judicial Assistant, at (512) 916-5230, and/or the law clerk

More information

BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B FINDINGS AND ORDER

BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B FINDINGS AND ORDER BEFORE THE SUPREME COURT COMMITTEE ON PROFESSIONAL CONDUCT PANEL B IN RE: JAMES WARREN STANLEY ARKANSAS BAR ID No. 75124 CPC Docket No. 2015-021 FINDINGS AND ORDER James Warren Stanley is an attorney from

More information

JUDGMENT AFFIRMED. Division A. Opinion by JUDGE NIETO. Casebolt and Dailey, JJ., concur

JUDGMENT AFFIRMED. Division A. Opinion by JUDGE NIETO. Casebolt and Dailey, JJ., concur COLORADO COURT OF APPEALS February 15, 2001 Court of Appeals No. 98CA1099 El Paso County District Court No. 96CV2233 Honorable Theresa M. Cisneros, Judge Carol Koscove, Plaintiff-Appellee, v. Richard Bolte,

More information

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH Spring 2016 PROFFESSOR JOHN F. UNGER 1 LEARNING OBJECTIVES The objectives of this course are to teach the substantive law of the subject matter integrated

More information

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISON

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISON Case 6:10-cv-06134-HO Document 29 Filed 12/21/10 Page 1 of 5 Page ID#: 504 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISON Robert T. DeVaney, et al. v. Plaintiffs, Davis Wright Tremaine

More information

An Oral Deposition. Texas Litigation

An Oral Deposition. Texas Litigation An Oral Deposition in Texas Litigation Prepared by: Jim L. García Attorney at Law Cersonsky, Rosen & García, P.C. 1770 St. James Place, Suite 150 Houston, Texas 77056 Telephone: (713) 600-8500/Fax: (713)

More information

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE May 29, 2012 Session

IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE May 29, 2012 Session IN THE SUPREME COURT OF TENNESSEE SPECIAL WORKERS COMPENSATION APPEALS PANEL AT KNOXVILLE May 29, 2012 Session AMY MCGHEE v. TOTS AND TEENS PEDIATRICS, ET AL. Appeal from the Chancery Court for Campbell

More information

Eleventh Court of Appeals

Eleventh Court of Appeals Opinion filed March 14, 2014 In The Eleventh Court of Appeals No. 11-13-00119-CV BRENT BATES BUILDERS, INC. AND BRENT BATES, INDIVIDUALLY, Appellants V. RAHUL MALHOTRA, INDIVIDUALLY AND D/B/A THE MALHOTRA

More information

Written Testimony to Texas House of Representatives Committee on Judiciary and Civil Jurisprudence - Subcommittee on Asbestos

Written Testimony to Texas House of Representatives Committee on Judiciary and Civil Jurisprudence - Subcommittee on Asbestos Written Testimony to Texas House of Representatives Committee on Judiciary and Civil Jurisprudence - Subcommittee on Asbestos Interim Charge 4: Study the degree of transparency in asbestos bankruptcy trusts

More information

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-1638

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 06-1638 NOT DESIGNATED FOR PUBLICATION WALTER R. COX, SR. VERSUS STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT BRUCE P. BORDLEE, M.D., ET AL. 06-1638 ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT

More information

FARAH & FARAH RULES OF LAW

FARAH & FARAH RULES OF LAW RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...

More information

RULES FOR LAWYER DISCIPLINARY ENFORCEMENT OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA

RULES FOR LAWYER DISCIPLINARY ENFORCEMENT OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA RULES FOR LAWYER DISCIPLINARY ENFORCEMENT OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA December 1, 2015 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA RULES

More information

United States District Court

United States District Court Case 4:11-cv-00655-RC-ALM Document 184 Filed 03/26/13 Page 1 of 5 PageID #: 3232 United States District Court EASTERN DISTRICT OF TEXAS SHERMAN DIVISION SECURITIES AND EXCHANGE COMMISSION v. Civil Action

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01135-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-13-01135-CV AFFIRMED; Opinion Filed August 12, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01135-CV RICHARD P. DALE, JR., D/B/A SENIOR HEALTHCARE CONSULTANTS, Appellant V. TAMMY S.

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

Notice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment.

Notice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment. UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA Notice of Class Action Lawsuit and Proposed Settlement. You May be Entitled to Receive a Settlement Payment. A federal court authorized this

More information

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 143589-U. No. 1-14-3589 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 143589-U SIXTH DIVISION September 11, 2015 No. 1-14-3589 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited

More information