In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.

BACKGROUND

On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No... More...   $0 (06-09-2011 - VA)

¶1 The plaintiffs, Robert J. "Bob" Barton (Barton); Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992 (Barton Trust); House of Realty, Inc. (HRI); and collectively the following "Tenants", Pamela L. Barton Stober, Sharlett R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Diane Frith, Richard Spriggs, Ric... More...   $0 (06-07-2011 - OK)

Pharaoh Oil & Gas, Inc. brings this accelerated appeal from a temporary injunction granted in favor of Ranchero Esperanza, Ltd. We reverse the injunction order and remand for trial on merits.

Since late 2004, Ranchero has been the owner of the surface estate and one-half of the mineral estate in a 20,000-21,000 acre ranch located in Crockett County, Texas. Approximately one year... More...   $0 (06-01-2011 - TX)

This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court dismissed the lawsuit because there was no previously recognized exception to the terminable-at-will doctrine for discharg... More...   $0 (05-26-2011 - KS)

Appellee and Cross-Appellant James Meyer (“Plaintiffâ€� or “Meyerâ€�), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNAâ€�) in connection with the financing by the URE Federal Credit Union (the “credit unionâ€�) of an automobile Meyer purchased. The policy would make the car loan payment on Meyer‟... More...   $0 (05-26-2011 - PA)

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABCâ€�), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort ... More...   $0 (05-25-2011 - MD)

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter of... More...   $0 (05-20-2011 - ND)

In 1995 the City of Chicago gave a written examination for positions in its Fire Department.Applicants who scored 89 and up were rated highly qualified, while those who scored 64 and below were rated not qualified. Those in between were rated qualified but were told in January 1996 that they were unlikely to be hired. (Applicants also were evaluated for physical skills, criminal records, and othe... More...   $0 (05-13-2011 - IL)

In 1995 the City of Chicago gave a written examination for positions in its Fire Department. Applicants who scored 89 and up were rated highly qualified, while those who scored 64 and below were rated not qualified. Those in between were rated qualified but were told in January 1996 that they were unlikely to be hired. (Applicants also were evaluated for physical skills, criminal records, and othe... More...   $0 (05-13-2011 - IL)

This case arises from a January 20, 2006 incident in which an underground cable owned by plaintiff-appellant MCI was allegedly severed. MCI filed suit against defendants-appellees Wayne Hagan and James Joubert, alleging that Joubert was negligently excavating on a backhoe in violation of the Lousiana Damage Prevention Act (Louisiana Underground Utilities and Facilities Damage Prevention Law), LA. ... More...   $0 (05-12-2011 - LA)

Lynn McDonald-Cuba brought this action against her former employer, Santa Fe Protective Services, Inc. (SFPS), seeking damages for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and New Mexico state law. SFPS responded with counterclaims for breach of contract, intentional interference with prospective economic advantage, and breach of the duty o... More...   $0 (05-09-2011 - NM)

Several property owners sued the city of Indianola challenging the special assessments levied for paving a gravel road abutting their property and installing a sidewalk. The district court found the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments. The city appealed. We affirm in part, reverse in part, and remand for further ... More...   $0 (05-06-2011 - IA)

In 2009, the United States and the State of Wisconsin (“the Governmentsâ€�) filed suit in federal district court against eleven of the potentially responsible parties (“PRPsâ€�) in an environmental cleanup, seeking response costs under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (CERCLA). Shortly thereafter, the Governments filed notice... More...   $0 (05-06-2011 - WI)

Patrick Becerra appeals the trial court’s final summary judgment. In two issues, he argues that the trial court erred in granting Southwestern Bell’s traditional and no-evidence summary judgment motions because fact questions exist on his claims for negligence and negligent training and supervision. We hold that the record shows genuine issues of material fact on each claim. We reverse the ... More...   $0 (05-05-2011 - TX)

This appeal presents questions regarding the citizen-suit provisions in the federal Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6901 et seq., including when a narrower government enforcement lawsuit may preclude a broader citizen suit, and how the citizen-suit provisions interact with the federalism doctrines of Colorado River and Burford abstention. The district court in this cas... More...   $0 (05-05-2011 - )

In 2008, the City of Los Angeles (City) passed an ordinance amending section 53.15.2 of the Los Angeles Municipal Code (Ordinance) to require all dogs and cats within the City to be spayed or neutered unless one of the listed exemptions is met. The City adopted the Ordinance with the intent of controlling the rising pet population in the City. Appellants Concerned Dog Owners of California, Cathie ... More...   $0 (04-29-2011 - CA)

In general, the rescue doctrine permits a rescuer to recover for injuries sustained while attempting to rescue a party placed in danger by the defendant's conduct. In this case we conclude that the rescuer cannot maintain negligence claims against defendant because he failed to establish that a duty of care was owed to the rescued party. Aaron M. Tucker and his wife, Jeri Lyn Hawk-Tucker (together... More...   $0 (04-29-2011 - CA)

Acting on a tip from a concerned citizen, the Wage and Hour Division of the U.S. Department of Labor commenced an investigation into potential child labor violations committed by Laurelbrook Sanitarium and School, Inc. (“Laurelbrookâ€�). After concluding that Laurelbrook had violated the child labor provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201-219 (“FLSAâ€� or “Actâ... More...   $0 (04-28-2011 - TN)

The plaintiff, Leyla Mirjavadi,1 appeals from the judgment of the trial court, rendered after a trial to the court, in favor of the defendant, Maria Varone. The plaintiff claims that the trial court made erroneous factual findings in determining that the defendant was not negligent when the plaintiff’s daughter, Saba Fabriz (Saba), was abducted by the daughter’s father during a visit supervise... More...   $0 (04-21-2011 - CT)

The defendants, Kenneth P. Tassmer and Richard W. Perillo, appeal from the judgment of the trial court transferring to the plaintiffs, Ronald J. Vance and Carol P. Vance, title to real property claimed to be owned by the defendants. The defendants claim that the court’s enforcement of the parties’ settlement agreement, after a hearing held pursuant to Audubon Parking Associates Ltd. Partnershi... More...   $0 (04-19-2011 - CT)

The primary issue in this case is whether the appellee Premier Integrity Solutions Inc. (“Premierâ€�) subjected the appellant Norman Norris to an unreasonable search in violation of the Fourth Amendment when it required him to provide a urine sample (for a drug testing) while directly facing a Premier employee. Premier used this “direct observationâ€� method for monitoring the provision of the... More...   $0 (04-05-2011 - KY)

Plaintiff Emetria Wheeler appeals from the district court’s order granting defendants BNSF Railway Company’s (BNSF’s) and Mike Harding’s joint motion for summary judgment on Wheeler’s claims of gender discrimination, race discrimination, and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and 42 U.S.C. § 1981. Exercising jurisdiction pursua... More...   $0 (04-04-2011 - KS)

At about 1:00 a.m. on June 22, 2007, Austin Police Officer Knutson stopped appellee Christopher Mason Wilkins for running a red light and failure to maintain his lane of traffic. During the stop, Officer Knutson decided to call Officer Brown to the scene so she could administer field sobriety tests. Officer Brown concluded from field sobriety tests that Wilkins was intoxicated and arrested Wilkins... More...   $0 (03-31-2011 - TX)

Plaintiff-Appellant Doug Burchfield sued CSX Transportation, Inc. (“CSXâ€�) seeking damages for injuries that he sustained in an accident involving a railcar CSX delivered to his employer. After a jury trial, judgment was entered in CSX’s favor. Burchfield now challenges a number of the district court’s evidentiary rulings and refusal to give jury instructions that he requested. After thorou... More...   $0 (03-30-2011 - GA)

Appellant Andrew L. Neloms, Jr. appeals the take-nothing judgment entered against him in his Federal Employers’ Liability Act (FELA)[2] suit against BNSF Railway Company (BNSF). He contends in one issue that the trial court committed reversible error by omitting jury instructions concerning the FELA burden of proof. We affirm.

II. Background

On October 19, 2004, Neloms... More...   $0 (03-24-2011 - TX)