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)

Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City”) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs... More...   $0 (03-04-2010 - NY)

This is an appeal by one of two defendants in a wrongful death action. Defendant Combined Transport appeals from a judgment for plaintiff. The jury found Combined Transport 22 percent at fault and the other defendant, Clemmer, 78 percent at fault. We affirm in part, reverse in part, and remand for a new trial.

Combined Transport is a trucking company that specializes in transporting la... More...   $0 (03-03-2010 - OR)

This dispute arose from a break in a sewer pipe that connected a private building to the Portland sewer system. The break generated a sewage smell in a Subway restaurant that was located in the building, and the restaurant operators, the Smiths, sought damages against the building owner, Hartmann, in claims for breach of the lease, trespass, and nuisance. Hartmann contended that the City of Port... More...   $0 (03-03-2010 - OR)

The plaintiff, Elaine Wiseman, in her capacity as administratrix of the estate of her deceased son, Bryant Wiseman (decedent), appeals1 from the judgment of the trial court rendered in favor of the named defendant, John J. Armstrong, in his capacity as the commissioner of correction, and others2 in her action for the wrongful death of the decedent while he was incarcerated at Garner correctional i... More...   $0 (03-03-2010 - CT)

The United States District Court for the Middle District of Georgia has certified a question to this Court about how to determine the meaning of the term “accident” in an automobile liability insurance policy when the word is not expressly defined in the policy and, more specifically, how to determine if there has been one accident or two when an insured vehicle strikes one claimant and then v... More...   $0 (03-01-2010 - GA)

Judith Cohn, age 72, and her husband Joseph, sued the Long Island Rail Road on a negligence theory claiming that Defendant failed to property maintain one of its platforms and, as a direct result, she fell into a 9.5 inch gap in the platform and was injured. Cohen suffered knee and shoulder fractures.

The railroad said its improvements include an education system to make customers better a... More...   $0 (02-27-2010 - NY)

Appellants, Shell Oil Company (“Shell Oil”) and Shell Western E&P (“Shell Western”) (collectively “Shell”), challenge the trial court’s judgment, entered after a jury trial, in favor of appellee, Ralph Ross, in Ross’s suit against Shell for breach of contract, unjust enrichment, and fraud concerning the underpayment of oil and gas royalties to Ross’s grandmother, Gertrude T. Reus... More...   $0 (02-26-2010 - )

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Ship... More...   $0 (02-25-2010 - OH)