Appellants, referred to collectively hereafter as “Gallatin,” argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company (“BNSF”) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them have m... More...   $0 (09-04-2009 - WY)

Anthony Vanzandt was killed when his tractor-trailer rig was struck by a train at a crossing on November 30, 2005. His estate sued the rail company and operators for wrongful death. The district court granted the railroad’s motion for summary judgment.

Both parties agreed that Louisiana law is controlling in this diversity case. 1 Vanzandt worked for Robbins Motor Transport making deliv... More...   $0 (09-03-2009 - LA)

This case arises from a tragic accident that led to the death of thirty-five year old Robert Collins (“the Decedent”). In the early morning hours of February 17, 2005, just south of Havre de Grace, Maryland, the Decedent was working as an Electric Traction Lineman for appellee/cross-appellant, National Railroad Passenger Corporation (“Amtrak”), as a member of a five-man crew headquartered ... More...   $0 (08-27-2009 - MD)

In these actions for breach of contract, the plaintiffs, Auto Glass Express, Inc. (Auto Glass) and Ed Steben Glass Company, Inc. (Ed Steben), appeal1 from the judgments of the trial court, in favor of the defendant, Hanover Insurance Company. The primary issue we must decide is whether the trial court properly concluded that the plaintiffs’ actions constituted acceptance of the defendant’s off... More...   $0 (08-25-2009 - CT)

Plaintiff AE, Inc. (“AE”) suffered property damage caused by a defective heating system designed in part by defendant Goodyear Tire & Rubber Company (“Goodyear”). After a jury awarded damages, the district court declined to award prejudgment interest under Utah law. It employed a presumption that damages are not calculable when a plaintiff provides varying damages estimates over the course... More...   $0 (08-24-2009 - CO)

[¶1.] Dakota, Minnesota and Eastern Railroad (DM&E) filed this action claiming that Acuity, f/k/a Heritage Mutual Insurance Co. (Acuity), engaged in bad faith and vexatious failure to pay uninsured motorist (UM) benefits. DM&E appeals the circuit court's entry of summary judgment on the claims. Acuity cross-appeals the circuit court's discovery orders compelling Acuity's attorneys to give a depos... More...   $0 (08-18-2009 - SD)

Plaintiffs appeal following the trial court's entry of summary judgment in favor of defendant. Plaintiffs, who are owners of real property in Douglas County, Oregon (the Wolf property), brought this action against defendant, claiming a prescriptive easement that would allow them to continue to use the private crossing over defendant's railroad tracks that intersect their land. They also sought d... More...   $0 (08-12-2009 - OR)

Intervenor American International Group, Inc. ("AIG") appeals the trial court’s calculation of subrogation recovery to be paid to AIG from an award in favor of Kris Komsky, Pat Ford, and Alexandra Diane Komsky, and Victoria Marie Komsky, the survivors of the deceased, Dennis Komsky ("Descendant"), in a wrongful death suit against Union Pacific Railroad Co. and others ("defendants"). We remand th... More...   $0 (08-11-2009 - MO)

Intervenor American International Group, Inc. ("AIG") appeals the trial court’s calculation of subrogation recovery to be paid to AIG from an award in favor of Kris Komsky, Pat Ford, and Alexandra Diane Komsky, and Victoria Marie Komsky, the survivors of the deceased, Dennis Komsky ("Descendant"), in a wrongful death suit against Union Pacific Railroad Co. and others ("defendants"). We remand th... More...   $0 (08-11-2009 - MO)

{¶ 1} On January 5, 2004, a collision occurred between a vehicle occupied by Courtney Damron and Craig Hensley and a train owned and operated by CSX Transportation, Inc. (“CSX”), at or near a road/rail crossing in Miamisburg. Damron and Hensley were killed. Personal representatives for Damron and Hensley subsequently commenced an action against CSX on claims for relief for wrongful death and ... More...   $0 (08-10-2009 - OH)

Plaintiff Elizabeth Sanchez was a high-ranking employee of the County of San Bernardino (the County), widely regarded as a “rising superstar.” Among her other accomplishments, she negotiated a labor contract with the Safety Employees Benefits Association (the Association), the labor union responsible for representing sheriff‟s deputies. Thereafter, however, she and James Erwin, the president... More...   $0 (08-07-2009 - CA)

In this appeal, we hold that as long as the requirements of Section 1247(d) of the National Trails System Act are met, a railroad right-of-way is “railbanked” regardless of whether the rail operator agrees to resuscitate service. Accordingly, we affirm the Superior Court’s decision below.

Railbanking is the preservation of an easement that was previously used as a rail thoroughfare by... More...   $0 (07-30-2009 - PA)

In this zoning case, the issue is whether Buffalo Crushed Stone, Inc. (BCS) established a prior nonconforming use to quarry certain subparcels of its 280-acre property, thereby relieving it from the Town of Cheektowaga’s zoning ordinances.

Applying the analysis set forth in Matter of Syracuse Aggregate Corp. v Weise (51 NY2d 278, 284-287 [1980]), we hold that the long and exclusive quarry... More...   $0 (07-30-2009 - NY)

{¶ 1} The United States Court of Appeals for the Sixth Circuit has certified one question of state law for our resolution: “Under Ohio law, can a legal malpractice claim be maintained directly against a law firm when all of the relevant principals and employees have either been dismissed from the lawsuit or were never sued in the first instance?”

{¶ 2} We answer the certified question... More...   $0 (07-29-2009 - OH)

This appeal arises from a collision between a pickup and a train in Vinton, Louisiana. We reverse and remand with instructions to transfer the case to the District Clerk in Harris County, Texas.

Background Facts

On the afternoon of July 22, 2005, a Burlington Northern Santa Fe (BNSF) freight train traveling on Union Pacific Railroad's (UP's) right-of-way struck a pickup driven by Pat... More...   $0 (07-16-2009 - TX)

NRS 334.030 facilitates the purchase of surplus governmental property by a governmental entity from another governmental entity. Specifically, NRS 334.030(2), (3), and (4) set forth special provisions for governmental entities entering into contracts for such purchases. NRS 334.030(5) suspends any law that is inconsistent with the other NRS 334.030 provisions.

In this appeal, ... More...   $0 (07-16-2009 - NV)

¶ 1 Appellant, National Railroad Passenger Corp. (hereafter Amtrak) appeals from the judgment entered following a jury verdict in favor of Appellee, Henry Callahan (hereafter Callahan). After careful review, we affirm.

¶ 2 The trial court aptly summarized the factual background in this matter as follows.

Plaintiff Callahan sustained bodily injuries on April 20, 2004, in the course ... More...   $0 (07-14-2009 - PA)

Dr. Sherif A. Philips instituted two civil actions challenging the suspension of his practice privileges at Pitt County Memorial Hospital ("the Hospital"). In addition to supplemental state law claims, he alleged violations of 42 U.S.C. § 1983 based upon putative infringements of his Fourteenth Amendment due process rights surrounding the proceedings that resulted in his suspension. He contends t... More...   $0 (07-13-2009 - NC)

[¶1.] Plaintiff landowners brought suit to quiet title to certain railroad rights of way. On cross motions for summary judgment, the circuit court quieted title in favor of the landowners. To resolve this appeal, we must interpret several 1890 deeds and the General Railroad Right-of-Way Act of 1875. We affirm in part, reverse in part, and remand.

Background

[¶2.] James Swaby, et al... More...   $0 (07-08-2009 - SD)

Rachel Hall appeals the trial court’s grant of partial summary judgment in favor of the ContiGroup Companies, Inc., et al., on certain of her nuisance claims. Everett and Cindy Peters, co-plaintiffs with Rachel Hall, also contest two of the trial court’s evidentiary rulings in the jury trial of their nuisance claims. The ContiGroup Companies have filed a cross-appeal that is contingent on any ... More...   $0 (07-07-2009 - MO)

Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann... More...   $0 (07-06-2009 - UT)

Philip M. Kleinsmith resides in Colorado but is licensed to practice law in Utah. A specialist in nonjudicial foreclosures, he challenges the constitutionality of a Utah statute that requires all attorneys who act as trustees of real-property trust deeds in Utah to “maintain[] a place within the state” to meet with trustors for certain enumerated purposes related to foreclosures. Utah Code Ann... More...   $0 (07-06-2009 - UT)

Dennis Davis, age 56, sued the Burlington Northern Santa Fe Railroad Company (BNSF) claiming that the company misled workers who were exposed to carcinogenic chemicals at a railroad tie-manufacturing plant in Somerville, in Burleson County east of Austin. The 100-year-old railroad tie-manufacturing plant is Somerville’s largest employer. Davis worked there from 1971 until 1995. He was diagnosed ... More...   $0 (06-27-2009 - Te)

After an airplane flight crashed near Pucalpa, Peru on August 23, 2005, plaintiffs brought claims of product liability and of negligent design, manufacture and warning against defendant The Boeing Company (Boeing), which designed and manufactured the airplane, and defendant United Technologies Corporation (UTC), which manufactured the airplane’s engines. Plaintiffs were the survivors of the cra... More...   $0 (06-18-2009 - IL)

This certified appeal1 arises from an action brought by the plaintiff, James E. Sullivan, as administrator of the estate of his deceased son, James P. Sullivan (decedent), against the named defendant,2 Metro-North Commuter Railroad Company, for the wrongful death of the decedent resulting from the defendant’s alleged negligence in failing to provide and maintain adequate security at one of its t... More...   $0 (06-16-2009 - CT)