Before 1963, there was no Padre Island National Park off the coast of the State of Texas. It took a lot of maneuvering between the State of Texas and the United States to create the national park out of these coastal island lands, much belonging to the State of Texas, some belonging to private parties. The Texas Consent Statute, the deeds of conveyance, the federal Enabling Act of 1962, and the Oi... More...   $0 (01-07-2011 - TX)

Alfred Albano and two other homeowners in a Gilbert, Arizona subdivision seek review of the district court’s judgment holding that their defective construction claims against the developer, Shea Homes Limited Partnership, are barred by the Arizona state statute of repose. The district court held that Arizona, as a matter of state law, would apply the tolling rule of American Pipe & Construction ... More...   $0 (01-04-2011 - AZ)

Renia A. Cornwell died at a railroad grade crossing when the vehicle she was driving hit a locomotive owned and operated by Union Pacific Railroad Company. Her husband, Dennis R. Cornwell, brought a wrongful death action against Union Pacific alleging negligent, reckless, and intentional wrongdoing in the operation and maintenance of the locomotive’s horn as well as in the construction and maint... More...   $0 (01-03-2011 - OK)

Melissa Stampf sued Long Island Railroad Company claiming that she was wrongfully arrested after she was falsely accused of groping and shaking a co-worker's breast. On July 9, 2006, LIRR employee Angela Trigg reported her co-worker Melissa Stampf came up to her car, reached through an open window and shook her left breast. Stampf was arrested and paraded past co-workers in handcuffs and was lock... More...   $480000 (12-31-2010 - NY)

“Won’t you be my neighbor?â€�1 Curt Daniels, the owner of a corporation sold at a sheriff’s sale, seeks to have the sale set aside because, he argues, it lacked a just appraisal, the appraisers were not “disinterested householders of the neighborhood,â€� and the property sold for a grossly inadequate price. Iowa Code § 626.93 (2005). Daniels argues it is improper to adjust the appraisal o... More...   $0 (12-30-2010 - IA)

Plaintiff/Appellant Saundra Kaye (Pace) Mason (“Wife�) and Defendant/Appellee James E. Mason (“Husband�) were married in 1991. At the time the parties married, Wife had two small children from a prior relationship. After the parties married, they had one child, who was a minor at all pertinent times during the proceedings below.

Both Husband and Wife have a high school education and... More...   $0 (12-28-2010 - TN)

This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiff’s claim that she has been injured by a medical device—a hip replacement— allegedly manufactured in violation of federal law.

Plaintiff Margaret J. Bausch appeals the district court’s dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Irela... More...   $0 (12-23-2010 - IL)

The named plaintiff, Eric Klein,1 appeals, following our grant of his petition for certification, from the judgment of the Appellate Court affirming the trial court’s judgment, rendered after a jury verdict in a medical malpractice action, in favor of the defendant, Norwalk Hospital. The plaintiff claims that the Appellate Court, without reaching the merits of his individual claims, improperly c... More...   $0 (12-21-2010 - CT)

For almost thirty years, Timothy Myers worked for the Illinois Central Railroad Company. The work was physically demanding and over the course of his career Myers suffered several injuries, including cumulative trauma disorders that eventually forced him to retire. He sued the Railroad claiming that these disorders were caused by its negligence. Before trial, Myers offered reports from three medic... More...   $0 (12-15-2010 - IL)

¶1 Plaintiffs/Appellants Grayhorse Energy, LLC, TLJ Investments, LLC, Singer Bros. LLC, and Pedestal Oil Company, Inc., (collectively, the GrayHorse1 group) seek review of the trial court's order sustaining Defendant/Appellee Crawley Petroleum Corporation's (Crawley) motion to dismiss for lack of subject matter jurisdiction.2 We express no view upon the merits of any element of the GrayHorse grou... More...   $0 (12-10-2010 - OK)

The City of Miami (“Cityâ€�) and Balbino Investments, LLC (“Balbinoâ€�) filed motions for Rehearing and Rehearing En Banc. The City subsequently withdrew its motions. Balbino’s Motion for Rehearing is denied. We, however, withdraw this Court’s opinion issued on August 8, 2007, and issue the following opinion in its stead to address the dissenting opinion to the denial of the Motion for Reh... More...   $0 (12-08-2010 - FL)

Defendants Pacific Indemnity Co. and Federal Insurance Co. (collectively “defendantsâ€�) appeal the district court’s denial of their request for expert witness fees and double costs pursuant to Arizona Rule of Civil Procedure 68 (“Arizona Rule 68â€�). The district court found that Arizona Rule 68 did not apply because it conflicts with Federal Rule of Civil Procedure 68 (“Federal Rule 68â€... More...   $0 (12-06-2010 - AZ)

[¶1.] Michael and Ann Arnoldy each purchased assignments of judgments against David and Connie Finneman. They used the judgments to redeem land owned by the Finnemans that had been foreclosed. Daniel Mahoney also purchased judgments that he used to redeem the land from Michael. Arnoldys filed this separate declaratory judgment action challenging the validity of the judgments Mahoney used to redee... More...   $0 (12-01-2010 - SD)

Jaclynn S. Reynolds sued the City of Norman on a governmental tort claim act theory claiming that on September 14, 2009 on a city sidewalk west of railroad track on the north side of Main Street in the City of Norman at approximately 10:15 p.m. when she fell and was injured as a direct result of a large drop off in the concrete. She claimed that the drop off was a result of a failure on the part o... More...   $81909 (11-23-2010 - OK)

This case arises from two condemnation actions brought by Plaintiff-Appellee County of Hawai‘i (Appellee or the County). In both actions Appellee sought to condemn property belonging to Defendant-Appellant C&J Coupe Family Limited Partnership (Appellant) (1) for use as a public highway (Bypass). (2) 1250 Oceanside Partners (Oceanside), a development company that was to build the Bypass through a... More...   $0 (11-10-2010 - HI)

¶1 Cook's Oilfield Services (Cook's), brings this accelerated appeal1 of the trial court's summary judgment filed on February 12, 2009, in favor of Admiral Insurance Company (Admiral). Based on our review of the record on appeal and applicable law, we reverse the order of the trial court granting summary judgment because there are controverted issues of material fact. We remand this case for furt... More...   $0 (11-04-2010 - OK)

In this easement dispute between neighbors, the defendant Teresa B. Lagosz appeals from the judgment of the trial court1 granting the motion to enforce a settlement agreement filed by the plaintiffs, Dale J. Hogan and Maria J. Hogan.2 The defendant claims that the court improperly concluded that (1) her attorney possessed apparent authority to act on her behalf and (2) the parties entered into a b... More...   $0 (10-22-2010 - CT)

This court has repeatedly recognized that “money is the lifeblood of modern government. Money comes primarily from taxes, and, as the importance of a predictable income stream from taxes has grown, governments at all levels have established procedures to minimize disruptionsâ€� that would interfere with essential public operations. (Batt v. City and County of San Francisco (2007) 155 Cal.App.4th... More...   $0 (10-21-2010 - CA)

Rosendale McMackin sued Union Pacific Railroad on a FELA violation theory claiming that his shoulder and back were injured when the train on which he was riding malfunctioned and made an emergency stop in 2008. He claimed that a problem with the air-brake system on the 2-mile long Union Pacific unit to made an unwarranted emergency stop.

At the time of the accident, McMackin made $60,000 a... More...   $1800000 (10-15-2010 - OR)

The principal issue in this consolidated appeal,1 which arises out of a series of disputes2 concerning the management and oversight of a family partnership and various family trusts,3 is whether the plaintiffs’ attorney had apparent authority to make settlement proposals, engage in settlement discussions and bind the plaintiffs to a global settlement agreement with the defendants.4 The plaintiff... More...   $0 (09-28-2010 - CT)

Mr. Joey Scott Luman appeals the trial court‟s judgment dismissing his personal injury suit against ITS Technologies & Logistics, LLC (“ITSâ€�) and finding that Missouri Workers‟ Compensation Law, RSMo section 287.010, et seq., (“Workers‟ Compensationâ€�) governed the action. Mr. Luman contends his claim was governed by the Federal Employer‟s Liability Act (“FELAâ€�), 45 U.S.C. § 51... More...   $0 (09-28-2010 - MO)

{1} City of Las Cruces (Employer) appeals from a workers’ compensation judge’s (WCJ) compensation order awarding Edward Villa (Worker) disability benefits. The issue is whether Worker’s on-the-job intoxicated state barred him from recovery under the Workers’ Compensation Act (the Act). The issue requires us to consider the meaning and application of two sections of the Act, namely, NMSA 19... More...   $0 (09-22-2010 - NM)

This appeal requires us to decide what facts and circumstances give rise to a plaintiff’s right to recover under the mode of operation rule, an exception to the traditional premises liability doctrine, which dispenses with the requirement that a plaintiff prove that a business owner had actual or constructive notice of the specific unsafe condition giving rise to the plaintiff’s injury. The de... More...   $0 (09-21-2010 - CT)

This is Plaintiff Steven Abel’s second appeal to this Court. Abel, a former driver of Defendant Southern Shuttle Services, Inc.’s airport shuttle vans, filed this action on behalf of himself and others similarly situated for alleged violations of the overtime pay provisions of the Fair Labor Standards Act (“FLSAâ€�), 29 U.S.C. § 207(a)(1). In the first appeal, this Court vacated the distric... More...   $0 (09-21-2010 - FL)

Joseph Hamilton filed this diversity negligence action, alleging that he fell and was seriously injured doing roofing work and constructing an addition on property owned by Gregory and Toni Palm in Chesterfield, Missouri. The Palms moved to dismiss, arguing that Hamilton may not recover on his claim as an independent contractor based on the inherently-dangerous-activity theory of landowner liabili... More...   $0 (09-20-2010 - MO)