Plaintiff-appellant Donna L. McGullam appeals pro se 16 from a judgment of the United States District Court for the 17 Eastern District of New York (Hurley, J.), granting summary 18 judgment on federal and state law claims of a sexually 19 hostile work environment, disparate treatment, and 20 retaliation in favor of McGullam’s employer, defendant- 21 appellee Cedar Graphics, Inc. Regarding the T... More...   $0 (06-15-2010 - NY)

Plaintiff City of San Jose (City) sued defendant Union Pacific Railroad Company (Union Pacific) to condemn roadway easements over railroad tracks so as to widen a road already traversing the tracks. The parties agreed on the taking and litigated the compensation issue in a court trial based on stipulated facts. The trial court awarded Union Pacific nominal compensation for the taking insofar as th... More...   $0 (06-11-2010 - CA)

In its inception, this case involved a dispute between Jeff Moore, d/b/a T&M Production (who had been the holder of the oil and leasehold estate of certain realty in Harrison County, Texas) and Jet Stream Investments, LTD, et al. (the holder of the interests which had been subject to the oil and gas lease), wherein it had been alleged that the oil and gas lease had terminated under the terms of th... More...   $0 (06-03-2010 - TX)

The question presented is whether post-judgment interest should be calculated at the federal rate provided for under 28 U.S.C. § 1961(a)1 or at the rate provided for under New York law where our jurisdiction is premised on the diversity of the citizenship of the parties and the contract giving rise to the action contains a general choice-of-law provision requiring the application of New York law.... More...   $0 (05-25-2010 - NY)

Appellants/cross-appellees--M. P. McCammon, McCammon Oil, Inc., Nosivad Oil, Inc., Van Davison, Dawn Davison, Tejon Exploration, Doralex Energy, Inc., Mansefelt Investment Corp., Fred Harendt, et al.--and appellees/cross-appellants Noel D. Ischy and NOW Development Company, Inc. (1) appeal from a district court judgment in favor of Ischy in a trespass to try title action concerning an oil and gas... More...   $0 (05-24-2010 - )

r. Lyubov Gorelik ("Gorelik") appeals from the dismissal of her five-count complaint against Defendant-Appellee Kevin Costin ("Defendant") in his official capacity as president of the New Hampshire State Board of Medicine. Counts I through IV of Gorelik's complaint assert that Defendant violated her due process and equal protection rights under 42 U.S.C. § 1983 and the Fourteenth Amendment. All f... More...   $0 (05-21-2010 - NH)

Very often determining which party has the burden of proof is perfunctory and does not have a great effect. In this case, we believe the burden of proof is crucial.

Buck Bryan Ramsey and his wife, Edith Elizabeth Ramsey,[1] became the owners of real property in Lamar County upon which an oil well was located, the well having been drilled pursuant to a pre-existing oil and gas ... More...   $0 (05-19-2010 - TX)

John Schmidt appeals the district court’s grant of summary judgment in favor of Defendant Burlington Northern and Santa Fe Railway Company (BNSF) on his negligent injury claim under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court found Schmidt did not present adequate evidence to show he was employed by BNSF. We disagree, and conclude Schmidt’s evidence... More...   $0 (05-18-2010 - MT)

Cathy Burkhart brought this action against her former employer American Railcar Industries, Inc. (ARI), alleging sexual harassment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Arkansas Civil Rights Act (ACRA), Ark. Code Ann. § 16-123-101 et seq. She also alleged the state tort of outrage. The district court1 granted summary judgmen... More...   $0 (05-10-2010 - AR)

This diversity suit, brought by affiliates of the Peabody Energy Corporation (for simplicity we’ll pretend there is a single plaintiff and call it Peabody), seeks both a declaration that Peabody has the right to strip mine coal on the defendants’ land, and specific performance of an option to purchase the land. The land is in Indiana, and the substantive issues in the case are governed by Indi... More...   $0 (05-06-2010 - IN)

This appeal concerns whether an abutting landowner may acquire a prescriptive easement for recreational use over a nonnavigable, artificial body of water. The defendants, Carl F. Piontkowski, Florence Baron and the estate of Constance Murray, appeal1 from the judgment of the trial court, rendered following a trial to the court, finding that the plaintiffs, Teresa A. Frech, Kenneth Andersen and Amy... More...   $0 (05-03-2010 - CT)

Emmis Communications and Todd Spessard appeal from the jury verdict decided against them in a tort action relating to their news coverage of the arrest of a suspect in the BTK case. Melanie Valadez, the administrator of the Estate of Roger G. Valadez (Estate), cross-appeals from the judgment of the district court limiting the amount and scope of damages.

From 1974 to 1986, a series of at le... More...   $0 (04-30-2010 - KS)

Plaintiff-Appellee Frederick J. Harrington, Jr., 31 (“Harrington”) filed this action in the United States District 32 Court for the Eastern District of New York (Nina Gershon, 33 Judge), against Defendants-Appellants Atlantic Sounding Co., 34 Inc., Weeks Marine, Inc. (Atlantic Sounding’s corporate parent), 35 and the vessel MV CANDACE (collectively, “Defendants”) pursuant -3- 1 to the Jo... More...   $0 (04-16-2010 - NY)

In this rescue doctrine case, we consider whether the circuit court abused its discretion when it denied the rescuer’s motion to amend her complaint, excluded evidence of the victim’s intoxication, and granted the victim’s motion to strike all the evidence, holding that the rescuer’s conduct in attempting a rescue was “rash and/or reckless” as a matter of law. The circuit court did not... More...   $0 (04-15-2010 - VA)

While employed by Pacific Rail Services, LLC (“PRS”), plaintiff Michael Campbell was injured when the railroad transport vehicle he was driving was rear-ended at a rail yard owned by defendant BNSF Railway Company f/k/a The Burlington Northern & Santa Fe Railway Company (“BNSF”). In this negligence action, Campbell alleges that he was an “employee” of BNSF for purposes of the Federal E... More...   $0 (04-09-2010 - TN)

We granted discretionary review in this matter to consider issues relating to a landowner's abuse of process claim and other related claims, against a long-distance telephone communications carrier for its conduct in attempting to use the power of eminent domain to acquire the landowner's property. Specifically, we consider whether the tort of abuse of process may be established solely on the basi... More...   $0 (04-08-2010 - KY)

¶1 In this action initiated under the Surface Damages Act, 52 O.S. 2001 §§318.2 et seq. (the Act), Appellant, Bays Exploration, Inc. (Bays), appeals from the trial court's Order Granting Attorney's Fees and Costs to Defendant Douglas Jones (Jones). We hold the relief requested by Bays is precluded by the law of the case doctrine and affirm.

¶2 Jones is the surface owner of 140 acres of ... More...   $0 (04-02-2010 - OK)

¶1 The trial court plaintiff, Aces A/C Supply North (Aces), appeals an order granting summary judgment to the defendant, Security Bank (Security). The trial court entered an order pursuant to 12 O.S.2001, § 994. This appeal proceeds under the accelerated appeal provisions of Okla. Sup. Ct. R. 1.36, 12 O.S. Supp. 2009, ch. 15, app.

BACKGROUND

¶2 The defendant, Terrell Heating & Air... More...   $0 (04-02-2010 - OK)

Robert McBride instituted this action under the Federal Employers’ Liability Act (“FELA”), 45 U.S.C. §§ 51-60, seeking compensation for an injury that he sustained while performing switching operations for his employer, CSX Transportation, Inc. (“CSX”). A jury returned a verdict in Mr. McBride’s favor, and the district court entered judgment on the jury’s verdict. CSX appealed, and... More...   $0 (03-16-2010 - IL)

Defendant-appellant CSX Transportation, Inc. ("CSXT") is appealing from the district court's denial of its motion for judgment as a matter of law or a new trial, after a jury awarded $250,000 to plaintiff-appellee Robert Granfield ("Granfield"), based on a finding that CSXT violated both the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51 et seq., and the Locomotive Inspection Act ("LIA... More...   $0 (03-12-2010 - MA)

Illinois Central Railroad Co. sued William Guy and Thomas Brock on fraud theories claiming that they knew that their clients were lying when they answered interrogatories and a quesitonaire that failed to disclose that they were involved in earlier litigation relating to asbestos products liability claims.

Guy and Brock claimed during trial that they didn't know their clients had been pl... More...   $420000 (03-12-2010 - MS)

When multiple insurance companies have the duty to defend the same mutual insured against the same legal action, the costs of the defense are to be allocated among the insurers equitably. When an insurance company which has the duty to defend declines to participate in the defense of the common insured, those insurers who contributed to the defense may pursue an action for equitable contribution a... More...   $0 (03-10-2010 - CA)

The plaintiff, Dow-Westbrook, Inc., appeals after a trial to the court, from the judgment in favor of the defendant, Candlewood Equine Practice, LLC (Candlewood Equine), finding that the defendant was not negligent as a result of injuries suffered by the plaintiff’s horse, Eiffel Tower, at the defendant’s veterinary clinic. On appeal, the plaintiff argues that the court erred by finding (1) in... More...   $0 (03-09-2010 - CT)

Milton Baughn, Letyr Baughn, Tom Baughn, and Amy Hetrick[1] (the “Baughns”) sued Curtis Capps for trespass to try title, seeking to quiet title to a four-acre tract of land.[2] Capps counterclaimed for adverse possession. A jury found in Capps’s favor. On appeal, the Baughns challenge the: (1) admission of Capps’s title documents; (2) attorney’s fee award; (3) legal and factual suffic... More...   $0 (03-04-2010 - TX)