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Tort / Personal Injury

Every decision we've filed under Tort / Personal Injury.

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Mar 25 2026
5th Cir. 25-20242 Per Curiam

Anetrys Moten v. Union Pacific Railroad Company; Union Pacific Corporation Defendants—

The Fifth Circuit affirmed summary judgment for Union Pacific Railroad Company in a personal injury case involving a minor injured on railroad tracks. The court held that the danger of a moving train and the specific risk of slack action were open and obvious under Texas law, negating any duty to warn or protect the child.

Civil Summary Judgment Tort / Personal Injury
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Mar 20 2026
9th Cir. 2:21-cv-00060-JCC Unpublished

DAVID JAY DEARINGER Sr.; GANNA P. DEARINGER v. ELI LILLY AND COMPANY, a corporation

The Ninth Circuit affirmed summary judgment for Eli Lilly in a products liability case involving Cialis, holding that the plaintiffs failed to prove proximate causation under Washington's learned intermediary doctrine. The court further ruled that any potential errors regarding the appointment of counsel and the sham affidavit rule were harmless given the merits of the decision.

Civil Summary Judgment Tort / Personal Injury
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Mar 16 2026
9th Cir. 2:24-cv-00373-MWF- Unpublished

CHRISTINE FORRESTER v. MOHAMAD A. RESHAD, D.D.S.; ARTLAB DENTISTRY, Dental Office of Dr. Reshad, a California Corporation; TED CONLEY

The Ninth Circuit affirmed the dismissal of a pro se plaintiff's civil action alleging federal and state law claims arising from dental treatment. The court held that the plaintiff failed to state a plausible claim under federal law and that the district court properly declined supplemental jurisdiction over the remaining state law claims.

Civil Motion to Dismiss Tort / Personal Injury
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Feb 19 2026
3rd Cir. 2:24-cv-01060 Panel Decision

EDWIN LEON v. NEHAMA HANOCH; CHEYENNE GOODMAN

The Third Circuit affirmed the dismissal of Edwin Leon's tort claims against former colleagues, ruling that a prior Delaware state court judgment precluded re-litigation of the underlying facts. The court held that the state court's findings that Leon physically and verbally abused Goodman barred his federal allegations of defamation and intentional infliction of emotional distress.

Civil Tort / Personal Injury
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Feb 11 2026
9th Cir. 2:23-cv-00031- Published

Cox v. Gritman Medical Center

The Ninth Circuit reversed a district court's dismissal for lack of personal jurisdiction, holding that Idaho-based medical providers purposefully availed themselves of Washington law by treating a Washington resident and transmitting prescriptions to Washington pharmacies. The court also affirmed that venue was proper in the Eastern District of Washington because a substantial part of the events giving rise to the wrongful-death claims occurred there.

Civil Tort / Personal Injury
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Feb 6 2026
1st Cir. 24-1966 Panel Decision

CHRISTOPHER ALICEA, as Personal Representative of the Estate of Luis M. Prieto v. CINCINNATI INCORPORATED NEW AUTOMATION CORPORATION, d/b/a PythonX, d/b/a Burlington Automation...

The First Circuit vacated summary judgment on design defect claims because expert testimony raised a genuine dispute over whether a reasonable alternative design could have prevented a fatal accident. The court affirmed summary judgment on manufacturing defect and maintenance claims, finding insufficient evidence to link the missing safety barrier to the victim's entry into the danger zone.

Civil Summary Judgment Tort / Personal Injury
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Aug 8 2024
United States Court… 23-7167 Panel Decision

Thomas v. Moreland

The D.C. Circuit affirmed the district court's grant of summary judgment in a defamation case, ruling that the appellant's motion for additional discovery was untimely and that the statements were protected by common interest privilege. The court held that the appellant failed to meet the difficult burden of proving actual malice required to overcome that privilege.

Civil Summary Judgment Tort / Personal Injury
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Dec 29 2023
United States Court… 22-7154 Panel Decision

CAMEROON WHITERU v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

The D.C. Circuit certified a critical question of District of Columbia tort law to the D.C. Court of Appeals regarding whether a passenger who involuntarily falls from a platform ledge becomes a trespasser. Because no controlling precedent exists to determine the transit authority's duty of care in this specific scenario, the case is remanded pending the higher court's decision.

Civil Tort / Personal Injury
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