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)

Plaintiffs-appellants Joseph and Elaine Adrian and Adrian Family Partners I, L.P. sued
5 the Town of Yorktown (the “Town�) pursuant to 42 U.S.C. § 1983 and New York State law,
6 alleging that the Town, through its Town Supervisor, Linda Cooper, and other policy-making
7 officials, maintained an official policy under which the plaintiffs were denied the right to develop
8 their... More...   $0 (09-08-2010 - NY)

At issue in this case is the often-elusive line between admissible opinion and inadmissible speculation under Rule 702 of the Federal Rules of Evidence and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Several manufacturers of welding supplies appeal a $20.5 million jury verdict based on a doctor’s testimony that their products triggered “manganese-induced parkinsonismâ€� ... More...   $0 (09-08-2010 - OH)

The appellants in this litigation are homeowners who embarked on a major residential home improvement project. They appeal from a judgment in these cross-actions in favor of their general contractor which awarded them only $1,000 in damages on their negligence cause of action. They contend the trial court erred in enforcing an oral contract in violation of statutory requirements that the contract ... More...   $0 (09-06-2010 - CA)

Robert Brooks sued Union Pacific Railroad Company ("Union Pacific") under the Federal Employer's Liability Act (FELA), 45 U.S.C. § 51 et seq., to recover damages for a back injury that he allegedly suffered while working as a machinist at Union Pacific's locomotive repair shop in North Little Rock, Arkansas. Brooks alleged that his injury resulted from acute trauma to his back. Union Pacific move... More...   $0 (09-03-2010 - )

Plaintiff William Sheffield challenges several municipal ordinances enacted by the city of Fort Thomas, Kentucky, alleging that the ordinances violate the United States and Kentucky Constitutions and that the ordinances are preempted by Kentucky state statutes and administrative regulations. The district court rejected all of Sheffield’s challenges. With one exception, we agree with that conclus... More...   $0 (09-03-2010 - KY)

This case arises from failed negotiations for the acquisition and management of H&W Motor Express, Inc. (“H&Wâ€�), a financially struggling trucking company in Dubuque, Iowa. Roger Waldner appeals the district court’s1 adverse grant of summary judgment on his various state law tort and contract claims against three sets of defendants: (1) Urban Haas and Patricia M. Haas (collectively the “Ha... More...   $0 (08-28-2010 - IA)

Plaintiffs appeal from a judgment in favor of defendants Bondex International, Inc. (Bondex),1 RPM, Inc. and Crown Cork & Seal Company, Inc. (Crown) in their action for wrongful death. Plaintiffs‟ decedent William Saller died of mesothelioma, an asbestos-related disease, in February 2006. Mr. Saller asserted two sources of exposure to asbestos: his employment at Standard Oil where he was exposed... More...   $0 (08-27-2010 - CA)

In Younger v. Harris, 401 U.S. 37 (1971), a federal court plaintiff sought a federal injunction to stop state court proceedings that he claimed would violate his federal constitutional rights. The Supreme Court said no, the federal courts would abstain, leaving the state courts to consider the federal constitutional issues that would arise in their proceedings.

In this unusual case, by cont... More...   $0 (08-27-2010 - IL)