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)

Six days after birth, plaintiff Aidan Ming-Ho Leung suffered irreversible brain damage caused by “kernicterus,” a condition that results when an infant‟s level of “bilirubin” (a waste product of red blood cells which causes jaundice) becomes toxic. Through his guardian ad litem (his mother, Nancy Leung), Aidan sued his pediatrician, Dr. Steven Wayne Nishibayashi, and his professional cor... More...   $0 (03-23-2011 - CA)

¶1 This is an appeal by BNSF Railway Company from an order of the Oklahoma Corporation Commission (Commission) granting the Board of County Commissioners for Tulsa County's (Board) application to open a railroad crossing.

BACKGROUND

¶2 To facilitate the development of an industrial park, the Board applied to the Commission for authorization to open a railroad crossing. The cost... More...   $0 (03-16-2011 - OK)

[¶1.] Western Consolidated Cooperative (WestCon) sued Lynn Pew for conversion of grain he stole and sold to LaBolt Farmers Grain Company (LaBolt). WestCon also sued LaBolt for conversion for its role in purchasing the stolen grain from Pew. After discovery, WestCon’s motion for summary judgment was granted and the circuit court ordered judgment jointly and severally against Pew and LaBolt. LaBo... More...   $0 (03-09-2011 - SD)

Allied Professionals Insurance Co., A Risk Retention Group, Inc. (Appellant) appeals from the trial court’s judgment denying its motion to compel arbitration. We affirm.

Factual and Procedural Background

On May 21, 2007, Mary Sturgeon (Respondent), a resident of Missouri and a licensed massage therapist, was covered by a professional liability insurance policy issued to her by Appe... More...   $0 (03-08-2011 - MO)

Tai R. Anderson appeals from the May 2010 decree dissolving her marriage to Jeremiah D. Anderson. She contends that she, not Jeremiah, should have been awarded “primary custody” of the parties’ three children. We affirm. I. SCOPE OF REVIEW. We review dissolution cases de novo. In re Marriage of Cooper, 769 N.W.2d 582, 585 (Iowa 2009); In re Marriage of Pals, 714 N.W.2d 644, 646 (Iowa 2006). ... More...   $0 (03-07-2011 - IA)

¶1 Kimberly Gentry appeals the denial of her motion for class certification. The district court denied her motion finding that she had failed to satisfy three of the five prerequisites for certification found in 12 O.S.2001 § 2023(A) and (B). We reverse.

BACKGROUND

¶2 On March 1, 2006, a fire started in Stephens County that eventually covered more than 13,000 acres. The fire destr... More...   $0 (03-07-2011 - OK)

Appellant Randy Brown sued his employer, ClayTex Properties, Inc., alleging he sustained personal injuries in the course and scope of employment. ClayTex is a non-subscriber of workers’ compensation insurance. ClayTex moved for summary judgment alleging, among other grounds, an act of Brown was the sole proximate cause of his injury. The trial court granted ClayTex a summary judgment and this... More...   $0 (03-03-2011 - TX)

Union Pacific Railroad seeks a writ of prohibition to bar the circuit court from compelling arbitration with respect to two plaintiffs in a series of consolidated cases filed under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. There is no written arbitration agreement between Union Pacific and these two plaintiffs. Consequently, the preliminary writ of prohibition is made p... More...   $0 (03-01-2011 - MO)

Union Pacific Railroad Company sued the U.S. Army Corps of Engineers on a property damages theory under 28 U.S.C. 134(b) .... More...   $0 (02-28-2011 - OK)

{¶1} Plaintiff-appellee Patrick McCarthy, an employee of third-party defendantappellee Kinder Morgan Liquids Terminals, LLC (“Kinder Morgan”), was injured on July 5, 2005, while transferring a liquid from a pressurized railroad tank car owned by defendantappellant Sterling Chemicals, Inc., (“Sterling”) to a Kinder Morgan storage tank. McCarthy was standing on the top of the railcar when t... More...   $0 (02-25-2011 - OH)

{¶1} Plaintiff-appellant Louise A. Myers appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which overruled her motion to bifurcate her claim for punitive damages from her claim for compensatory damages filed against defendants-appellees David L. Brown, Jr. and AMCO Insurance Company. Appellant assigns a single error to the trial court:

{¶2} “I. THE TRIAL COURT COMMI... More...   $0 (02-22-2011 - OH)

Respondent brought this inverse condemnation action against South Carolina Department of Transportation (SCDOT). The master in equity granted summary judgment in favor of respondent. SCDOT appeals. We reverse and remand.

FACTS

Respondent owned a tract of land located at the southeast corner of the intersection of Killian Road (running east to west) and Farrow Road (running north t... More...   $0 (02-22-2011 - SC)

The plaintiff, Paulina Lombardi, sustained injuries as a result of a trip and fall accident over a three inch raised sidewalk slab on Main Street in East Haven and commenced an action against the defendant town of East Haven1 pursuant to the municipal highway defect statute, General Statutes § 13a-149.2 Following a two day trial, the jury returned a verdict in the plaintiff’s favor and awarded ... More...   $0 (02-15-2011 - CT)

Troy Banister sued Chicago police officers Craig Burton and Marc Moore along with the City of Chicago (we’ll refer to all the defendants, collectively, as “the City”) alleging deprivation of his civil rights under 42 U.S.C. § 1983. A jury returned a verdict in favor of the City. Banister now appeals the admission of the testimony of one of the City’s main witnesses, the City’s failure t... More...   $0 (02-14-2011 - IL)

The City of Cayce ("City") cited Norfolk Southern Railway Company ("Norfolk") for violating a public nuisance ordinance, Cayce, SC, Code § 28-251. The citation was based on the condition of one of Norfolk's bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was p... More...   $0 (02-07-2011 - SC)

An out-of-state insurance company is contemplating doing business in Montana. Preliminary to any authorization to sell policies or the transaction of any business, state law requires the company to appoint the Commissioner of Insurance for service of process, which it did. Although the company began the licensure application process, the company cannot yet sell policies in Montana and has not comp... More...   $0 (01-31-2011 - MT)

James Haigh alleged claims against his former employer, Gelita USA, Inc. (“Gelita”), on the basis of age and disability discrimination and retaliation. The district court1 granted summary judgment in favor of Gelita on Haigh’s claims under the Age Discrimination in Employment Act (ADEA) and his retaliation claim. The remaining claims under the Americans with Disabilities Act (ADA) proceeded ... More...   $0 (01-28-2011 - IA)

Upon consideration of Plaintiff-Appellant’s petition for panel rehearing, we vacate the prior opinion in this case, issued on September 21, 2010 and published at 620 F.3d 1272 (11th Cir. 2010), and substitute the following opinion in its place. In this opinion, we revise footnote six, but do not change the opinion in any other respect. Accordingly, Plaintiff-Appellant’s petition for panel rehe... More...   $0 (01-28-2011 - FL)

Appellants Linda Faust and Donnie Faust sued Appellee BNSF Railway Company (BNSF) for personal injuries and damages that they allegedly sustained from exposure to chemicals released by BNSF’s wood treatment facility in Somerville, Texas. After a lengthy trial, a jury rendered a verdict in favor of BNSF, concluding that BNSF’s negligence, if any, did not proximately cause Linda’s stomach can... More...   $0 (01-27-2011 - TX)

The trial court granted summary judgment in favor of an employer and an employee-supervisor on the ground the one-year statute of limitations had run against a former employee’s claims of sexual harassment and retaliation. It is clear to us that there would be a triable issue of material fact whether the former employee was sexually harassed. But it is equally clear the statute of limitations ra... More...   $0 (01-27-2011 - CA)

In February 2003, the law firm of Wilson & Wilson (Wilson) brought an action against the City Council of Redwood City (City Council), the City of Redwood City (Redwood City), and the Redwood City Redevelopment Agency (Redevelopment Agency) (hereafter collectively the City) to challenge the approval and construction of a retail-cinema redevelopment project in Redwood City‟s downtown. Wilson asked... More...   $0 (01-25-2011 - CA)

On an idyllic fall afternoon, a group of youngsters was engaged in the classic American pastime of touch football. Their play was abruptly interrupted when twelve-year-old Austin Hill stumbled and cut himself on a protruding metal post. The plaintiffs filed a complaint for negligence in Providence County Superior Court, alleging that Austin was injured by a dangerous condition on property owned by... More...   $0 (01-22-2011 - RI)

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a ... More...   $0 (01-22-2011 - MA)

Plaintiff Kesner Liberal sued the City of Menlo Park (“City”) and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserti... More...   $0 (01-19-2011 - CA)