Railroad Law
 
Niagara Mohawk v. Consolidated Rail

This case is yet another in a series of cases that
attempt to chart the contours of liability of a potentially
responsible party (“PRP”) under §§ 107(a)(4)(B) and
113(f)(3)(B) for contribution towards, and payment of, costs
resulting from the identification and cleanup of hazardous
substances under the Comprehensive Environmental Response,
Compensation, and Liability ... More...
   $0 (02-24-2010 - NY)

New England Estates, LLC v. Town of Bransford, et al.

This appeal and cross appeal, along with the companion cases decided today, Branford v. Santa Barbara, 294 Conn. 785, A.2d (2010), and Branford v. Santa Barbara, 294 Conn. 803, A.2d (2010), arise from the named defendant town of Branford’s (town)1 exercise of eminent domain with respect to an approximately seventy-seven acre parcel of land, known as 48-86 Tabor Drive. In this action brought purs... More...   $0 (02-16-2010 - CT)

Charles Kalil v. Town of Dummer Zoning Board of Adjustment

In these consolidated appeals, the plaintiffs, Charles and Brenda Kalil, contest two orders of the Superior Court (Vaughan, J.). In one, the court granted the motion to dismiss filed by defendant Town of Dummer (Town) on the ground that res judicata barred the plaintiffs’ writ alleging an inverse condemnation claim. In the other, the court denied the plaintiffs’ motion to amend their appeal of... More...   $0 (02-11-2010 - NH)

3D/I + Perspectiva, a Texas Joint Venture v. Castner Palms, LTD

3D/I + Perspectiva ("3D/I") - a joint venture - appeals the jury's verdict for Castner Palms, Ltd. ("Castner Palms") stemming from the latter's suit for negligence. In two issues, 3D/I contends that the trial court erred by denying its: (1) motion for instructed verdict when Castner Palms failed to present expert testimony applicable to a construction-management firm's standard of care in pursuit ... More...   $0 (02-10-2010 - TX)

Desiree Gonzalez v. Government Employees Insurance Company

Plaintiff, Desiree Gonzales, filed suit for injuries received in a one car accident. Plaintiff filed suit against several defendants. At the time of trial, there were two defendants remaining, Louisiana Department of Transportation and Development (DOTD), and the Public Belt Railroad Commission of the City of New Orlealns. (NOPB).

The trial in this matter was bifurcated, with the claims aga... More...
   $0 (02-09-2010 - LA)

Paul D. Turner v. The Saloon, Ltd.

Paul Turner worked as a waiter for The Saloon, Ltd. (“The Saloon”), a Chicago steakhouse, and claims he was the victim of several forms of employment discrimination. Turner had a months-long sexual relationship with his supervisor and claims that when he ended it, she persistently sexually harassed him. He also claims The Saloon discriminated against him on the basis of a disability; he suffer... More...   $0 (02-08-2010 - PA)

Dora Mae Jablonski v. Ford Motor Company

The plaintiffs, Dora Mae Jablonski (Dora) and John L. Jablonski, Jr., as the special administrator and personal representative of the estate of Dora's deceased husband, John L. Jablonski, Sr. (John), brought this action against Ford Motor Company (Ford), alleging strict product liability and negligence in the design of their 1993 Lincoln Town Car automobile as a result of a collision in which John... More...   $0 (02-04-2010 - IL)

Joan Cozort Lawrence v. City of Rawlins

[¶1] This is an appeal from two related district court orders in a declaratory judgment action between the Appellant and the City of Rawlins (City) over a junkyard, which action was consolidated with the appeal of the Appellant’s municipal court conviction for violation of a nuisance ordinance. The first order granted the City partial summary judgment. The second order was entered after a bench... More...   $0 (02-04-2010 - WY)

Clear Channel Outdoor Inc. v. City of New York; Metro Fuel LLC. v. City of New York

The district court found that the challenged provisions of New York City’s Zoning Resolution did not impose unconstitutional restrictions on Plaintiffs’ commercial speech rights in violation of the First Amendment or the New York State Constitution. Id. at 481, 508. The district court’s opinion applies to two cases, The factual background giving rise to these disputes 1 is set out in detail ... More...   $0 (02-03-2010 - NY)

Evans Cabinet Corporation v. Kitchen International, Inc.

According to the allegations of the complaint, Kitchen International and Evans entered into a contract in 2004. Footnote Evans agreed to supply Kitchen International with manufactured cabinetry for several residential construction sites on the East Coast of the United States. Kitchen International placed these orders from its headquarters in Montreal with the Georgia offices of Evans. The materia... More...   $0 (02-03-2010 - MA)

Service Employees International Union, Local 5 v. City of Houston

A labor union in Houston, Texas sought permits from the City for parades and rallies in support of a strike. The City gave only partial approval. The union sued, claiming the ordinances under which the permits were processed violated the First Amendment. The district court granted some relief. We proceed slightly further in invalidating the City’s rules than did the district court but leave most... More...   $0 (01-28-2010 - TX)

Donald J. Butynski v. Springfield Terminal Company

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a ... More...   $0 (01-22-2010 - MA)

Citizens United v. Federal Election Commission

Federal law prohibits corporations and unions from using their general treasury funds to make independentexpenditures for speech defined as an “electioneering communication” or for speech expressly advocating the election or defeat of a candidate. 2 U. S. C. §441b. Limits on electioneering communications were upheld in McCon-nell v. Federal Election Comm’n, 540 U. S. 93, 203–209 (2003). ... More...   $0 (01-21-2010 - DC)

Fernando Roa and Lilian Roa v. LAFE and Marino Roa

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

Tayarie Trayshaun Baker v. National Interstate Insurance Company

More than 40 years ago, our state Supreme Court was called upon in Insurance Co. of North America v. Electronic Purification Co. (1967) 67 Cal.2d 679 (Electronic Purification) to interpret a commercial general liability insurance (CGL) policy with a ―products hazard‖ exclusion for bodily injury damages which included both ―products‖ and ―completed operations‖ language. Reading the lang... More...   $0 (01-11-2010 - CA)

C.N., etc. v. Willmar Public Schools

C.N., by and through her mother, J.N., appeals the dismissal of various federal claims against Willmar Public Schools, Independent School District No. 347 (the District), several officials affiliated with the District and her former special education teacher Lisa Van Der Heiden. We affirm.

I. BACKGROUND

When this action commenced, C.N., a special education student, attended fourth gr... More...
   $0 (01-08-2010 - MN)

James Riffin v. Circuit Court for Baltimore County, et al.

These consolidated cases raise the important question of whether due process requires notice and an opportunity to be heard before a court declares a person to be a “frivolous” or “vexatious” litigant, who must seek leave from the administrative judge before filing “any pleadings.” In this appeal, James Riffin, appellant, contends that the Circuit Court for Baltimore County failed to a... More...   $0 (01-06-2010 - MD)

Robert Edwards v. Cascade County Sheriff's Department

¶1 Appellants Robert Edwards (Edwards), Daniel Kohm (Kohm), and David Zrowka (Zrowka) are current and former sheriff’s deputies who sued their employer on constitutional and tort theories related to political retaliation and statutory wage claims. Appellants John Doe (Doe), Ray St. Onge (St. Onge), and Loius Goaziou (Goaziou), all held the rank of lieutenant in Cascade County and brought simila... More...   $0 (12-31-2009 - MT)

Excavation Technologies, Inc. v. Columbia Gas Company of Pennsylvania

Before performing excavation work for a waterline extension project, appellant requested appellee mark the locations of gas lines around the work sites pursuant to the One Call Act (Act).1 Appellee improperly marked some lines and failed to mark others. As a result, appellant struck various gas lines, which hampered its work, resulting in economic damages of $74,502.06; appellant did not any susta... More...   $0 (12-29-2009 - PA)

Richard DeWeese v. National Railroad Passenger Corporation (AMTRAK)

The Southeastern Pennsylvania Transportation Authority (“SEPTA”) appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting summary judgment to the National Railroad Passenger Corporation (“Amtrak”) on its cross-claim against SEPTA. The District Court determined that SEPTA’s state-law sovereign immunity defense is preempted by Amtrak’s f... More...   $0 (12-23-2009 - PA)

William R. Pearson v. National Railroad Passenger Corporation (Amtrack)

William R. Pearson sued the National Railroad Passenger Corporation (Amtrack)on a civil rights violation theory under 42 U.S.C. 2000e claiming that he was fired from his job as an Amtrack conductor because he is African-American. Plaintiff started working for Amtrack in 1974 and became a conductor in 1987. He was fired in 2006.

Plaintiff was the only African-American employee of Amtrack i... More...
   $850000 (12-19-2009 - CO)

Minto Grain, L.L.C. v. Mark L. Tibert

[¶1] Mark Tibert, Melvin Tibert, Suzi Tibert, and William "Bill" Tibert ("Tiberts") appealed from a district court judgment entered after a jury verdict in favor of Minto Grain, LLC, William Slominski, and Katherine Slominski (collectively "Minto Grain") and against Tiberts jointly and severally in the amount of $455,000. Judgment against William "Bill" Tibert was limited to $305,000. We conclude... More...   $0 (12-17-2009 - ND)

John Doe, et al. v. CSX Transportation

Plaintiffs sued CSX Transportation on negligence theories claiming that it did not property maintain safety devices at a railroad crossing just off U.S. High 31 and, as a direct result the van in which Plaintiffs' decedents were passengers drove in front of a CSX locomotive. Three passengers in the van were killed and four seriously injured in the 5:40 a.m. crash. Plaintiffs claimed that CSX fail... More...   $0 (12-12-2009 - AL)

Alfred T. Wright v. Honeywell International, Inc.

In this interlocutory appeal, plaintiff challenges the superior court’s decision denying his motion for class certification with respect to his lawsuit claiming that defendant Honeywell International, Inc. violated the Vermont Consumer Fraud Act (CFA) by engaging in deceptive tactics to create an unlawful monopoly that resulted in overcharges to consumers for the company’s round thermostat. W... More...   $0 (12-10-2009 - VT)

Marlita Thomas v. Cook County Sheriff's Department

Norman Smith, a thirty-two year-old pretrial detainee, arrived at Cook County Jail on April 24, 2004, and died less than a week later from pneumococcal meningitis. His mother, Marlita Thomas, sued Cook County, the Cook County Sheriff, and a number of correctional employees, under 42 U.S.C. § 1983, 2 Nos. 08-2232, 08-2233, 08-2482 & 08-2597 & 08-2948 alleging that the defendants violated her son... More...   $0 (12-01-2009 - )

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AK Morlan
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