This is an appeal from a judgment awarding damages for injury to real property. We affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

Farr West Investments (Farr West) and Vilarr Ransom (Ransom) filed separate lawsuits against Topaz Marketing, L.P., and Dennis Lower (collectively Lower) to recover damages for injury to real property caused when Lower construct... More...   $0 (11-27-2009 - ID)

Robin Pepper sued an Anchorage debt collection agency and its lawyers, claiming that they violated Alaska’s Unfair Trade Practices and Consumer Protection Act (UTPA) when they: (1) sued Pepper in state district court without first sending a written demand, (2) misrepresented to the court that Pepper was competent, and (3) applied for default judgment without first informing Pepper’s attorney. ... More...   $0 (11-20-2009 - AK)

Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that... More...   $0 (11-18-2009 - OR)

Crosstex North Texas Gathering, L.P. appeals the trial court’s dismissal of Crosstex’s condemnation proceeding after granting Fort Worth & Western Railroad Company’s and Cen-Tex Rural Rail Transportation District’s plea to the jurisdiction. We reverse and remand.

Crosstex sought to place a natural gas pipeline under a railroad right-of-way of tracks owned by Cen-Tex and... More...   $0 (11-13-2009 - TX)

Kaiser Eagle Mountain, Inc. (“Kaiserâ€�) seeks to build a landfill on a former Kaiser mining site near Joshua Tree National Park (“Joshua Treeâ€�). As part of its landfill development plan, Kaiser sought to exchange certain private lands for several parcels of land surrounding the mine site and owned by the Bureau of Land Managment (“BLMâ€�). Several parties, including the National Parks Con... More...   $0 (11-11-2009 - CA)

A landowner challenged a municipality’s delay in replatting and providing an accurate legal description of the land it took using its power of eminent domain, alleging that it unnecessarily interfered with his remainder property rights. As a remedy the landowner requested that the superior court dismiss the previously approved taking without prejudice or, alternatively, change the valuation date... More...   $0 (11-06-2009 - AK)

[¶1] A jury awarded Peter and Kate Brophy damages in the amount of $18,069,257 for injuries they sustained as a result of a collision between Mr. Brophy‘s vehicle and a semitruck owned by Werner Enterprises, Inc. (Werner) and being driven by Werner employee, Cheryl R. Neal. The district court entered judgment on the verdict and Werner appealed. The Brophys filed a cross-appeal.

[¶2] I... More...   $18069257 (11-04-2009 - WY)

This appeal arises from a dispute between a rail carrier and a warehouseman regarding liability for demurrage, i.e., penalties assessed for the undue detention of rail cars. Norfolk Southern Railway Company sued Brampton Enterprises, LLC d/b/a Savannah Re-Load for demurrage accrued over the six month period from March to August 2007. Savannah Re-Load denied liability for the demurrage charges and,... More...   $0 (11-02-2009 - )

Serena Eickhoff sued Union Pacific Railroad and Stephen J. Slattery on hostile work environment and retaliation theories claiming that verbally harassed and accosted by her subordinates and supervisors in a pattern of sexually hostile language and behavior. She further alleged that Union Pacific and her supervisor retaliated by placing her on probation and, later, firing her without sufficient cau... More...   $1290000 (10-29-2009 - MO)

Robert C. Conley, age 61, sued the Union Pacific Railroad Company on a negligence theory claiming that defendant violated the federal Locomotive Inspection Act by failing to maintain a locomotive that he was assigned to work on as a brakeman with the r... More...   $1300000 (10-23-2009 - CA)

Plaintiff-Appellant Michael E. McKinzy, Sr., appearing pro se, appeals the district court’s order denying his motion for summary judgment and granting the motion for summary judgment of defendant-appellee Union Pacific Railroad. Mr. McKinzy, who proceeded pro se in the district court as well, brought a failure-to-hire employment discrimination case against Union Pacific, filing his original comp... More...   $0 (10-15-2009 - KS)

Kerry Noland sued Christopher Coats on an auto negligence theory. Plaintiff was a passenger on a motorcycle driven by her then-husband, the defendant. She claimed he drove too fast and did not pay proper attn. and crossed a railroad track. This caused plaintiff to be elevated off her seat. Upon returning to the seat, she ruptured a disc and required low back surgery which was done by Dr. Barry.... More...   $0 (10-07-2009 - OK)

This property dispute involves easements that were granted several decades ago by an owner of riverfront property along the Mississippi River. Because we agree with the district court’s resolution of the relevant legal and factual questions, we affirm the judgment below.

I. Facts and Procedural History.

In 1964 Ray and Meta Kellogg acquired 2.07 acres bordering the Mississippi ... More...   $0 (10-07-2009 - IA)

Appellants Cen-Tex Rural Rail Transportation District and Fort Worth & Western Railroad Company filed this interlocutory appeal from the trial court=s orders denying their pleas to the jurisdiction in three separate pipeline condemnation cases brought by appellees Worsham-Steed Gas Storage, L.P., Cowtown Pipeline Partners LP, and Enbridge Gathering (NE Texas Liquids), L.P. The primary issue we mu... More...   $0 (10-01-2009 - TX)

In this suit on a contract for deed, appellant, Anna Marie Nguyen appeals the trial court's take-nothing judgment in favor of the appellees, Alex Yovan and Philip Yovan. In two issues, Nguyen argues that (1) the contract is not barred by the statute of frauds and (2) the evidence supports numerous statutory violations.

We reverse the judgment of the trial court and remand for proceedings co... More...   $0 (10-01-2009 - TX)

¶1 The issue presented for decision is whether all intangible property is exempt from taxation or just the intangible property set forth in Okla. Const. art. 10, § 6A.1 The context in which this issue arises is the assessment of the property of Southwestern Bell Telephone Company by the State Board of Equalization for the years 2005, 2006 and 2007.2

¶2 Southwestern Bell's property is ass... More...   $0 (09-29-2009 - OK)

The question of the preemption of state law by federal tobacco legislation has been addressed numerous times. Today, we address the preemption issue in the context of the doctrine of fraudulent joinder, which is invoked to achieve diversity jurisdiction. We hold that the district court erroneously allowed the defendants-appellees to achieve diversity jurisdiction by its incorrect finding that the ... More...   $0 (09-28-2009 - AK)

Novelis Corporation appeals from the order of the district court granting summary judgment to plaintiff Cincom Sysems, Inc. (“Cincomâ€�), on its claim of copyright infringement. See 17 U.S.C. § 501. Novelis argues that the district court erred by concluding that a series of mergers Novelis underwent as part of an internal corporate restructuring resulted in a prohibited transfer of the software... More...   $0 (09-25-2009 - OH)

The plaintiff, the city of Milford, appeals from the judgment of the trial court increasing the amount of compensation payable to the defendants1 by the plaintiff in connection with the condemnation of certain real property. The plaintiff claims that the court improperly awarded the defendants compensation for the diminution in value of a hypothetical lot of a subdivision when there was no evidenc... More...   $0 (09-22-2009 - CT)

Plaintiffs are 32 individuals who have all lived or worked in the West College Avenue neighborhood of Santa Rosa. In 2000, plaintiffs learned that the private water wells they used for drinking water had been contaminated with trichlorethylene (TCE) and perchlorethylene (PCE). They eventually retained the law firm of Gonzalez & Robinson to investigate the cause of the contamination and pursue comp... More...   $0 (09-19-2009 - CA)

The United States of America, by and through counsel, submits this statement of its views
concerning the proposed class action settlement (the “Proposed Settlement” or “Agreement”)
between the American Association of Publishers, et al. (the “Class Plaintiffs”) and Google Inc.
(“Google”).
The United States has been informed by the parties that they are continuing to consider
pos... More...   $0 (09-18-2009 - NY)

¶1 This case comes to us on appeal from the district court’s grant of summary judgment in favor of defendant Utah Railway on plaintiff Scott Raab’s negligence claims brought under the Federal Employers Liability Act (“FELAâ€�) and the Federal Locomotive Inspection Act (“FLIAâ€�).1 Raab seeks recovery for injuries suffered when he struck his head on an after-market air conditioning unit in... More...   $0 (09-18-2009 - UT)

Amber Kappelman was injured while riding on

Theodore Lutz's motorcycle when the motorcycle hit a deer. In Kappelman's

suit for damages, the trial court disallowed evidence that Lutz did not have a

motorcycle endorsement and violated the conditions of his instructional

permit. The court also gave an instruction to the jury on the lesser duty of

one confront... More...   $0 (09-17-2009 - WA)

¶1 The first impression issue in this case is whether a certified nurse aide's photocopying a resident's medication record and releasing it to the Equal Employment Opportunity Commission (EEOC) requires the Oklahoma State Health Department (the Department) to make a finding of misappropriation of a resident's property and place the finding on the Oklahoma Nurse Aide Registry pursuant to title 42,... More...   $0 (09-15-2009 - OK)

Affirmed on appeal; on cross-appeal, reversed and remanded for modification of judgment so as to permit PacifiCorp's upgrade of electrical transmission lines and to permit vehicular access to easement over plaintiffs' driveway in event of an emergency, with proviso that PacifiCorp shall pay costs to repair any damage caused by its vehicles.

ORTEGA, J.

This is a dispute over electrica... More...   $0 (09-09-2009 - OR)