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

In 2009, the United States and the State of Wisconsin (“the Governments�) filed suit in federal district court against eleven of the potentially responsible parties (“PRPs�) 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

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

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

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

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

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

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

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

¶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

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

The primary issue in this case is whether the appellee Premier Integrity Solutions Inc. (“Premier�) 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 observation� method for monitoring the provision of the

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

Plaintiff-Appellant Doug Burchfield sued CSX Transportation, Inc. (“CSX�) 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

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

¶1 In the trial court, plaintiffs (Morgan, et al.) filed an action to quiet their title to a certain quarter section of land in Blaine County, Oklahoma, through which the defendant railroad company had a right of way. Plaintiffs alleged that they owned the fee simple title to the quarter section, subject only to the railroad company's easement on a strip of land 100 feet wide. By answer and cross

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

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).

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

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

[¶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

¶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

¶1 Pulis began this action seeking injunction to restrain Catterall from interfering and preventing plaintiff's use of a roadway along the north line of defendant's land. This appeal is from a judgment granting injunctive relief to plaintiff as sought.

¶2 The situation of the parties is disclosed by the plat following:

[SEE ILLUSTRATION IN ORIGINAL].

¶3 Pulis alleged himsel

¶1 This case comes to this court upon a question of law applicable to the facts found and determined by the court below.

¶2 It is contended by the plaintiff in error that the injury complained of does not constitute a legal injury under the law. The Statutes of this Territory contain no provision which assists in the analysis of the proposition here submitted. Sections 4052 to 4062, gener

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