| Derek Davis v. Shelby County Sheriff's Department |
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Derek Davis was a patrol officer for the Shelby County Sheriff’s Department (“Department”). On or about July 25, 2001, the Department instituted the Drug Free Workplace Program (“Program”). On August 17, 2001, Mr. Davis signed an “Acknowledgment of Receipt of Drug Free Workplace Program - Policy and Procedure” form, acknowledging that he received, read, and understood the Program’s... More... $0 (02-01-2009 - TN) |
| Roger and Ruth Anderson d/b/a Anderson Auto Salvage v. BNSF Railway Company |
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This case requires the court to decide whether federal law preempts an order of the Arkansas State Highway Commission (Commission) forcing Burlington Northern Sante Fe Railway Company (BNSF) to reopen a private “at-grade” railroad crossing.1 We hold that the Interstate Commerce Commission Termination Act of 1995 (ICCTA) preempts the Commission’s jurisdiction in this instance; therefore, we v... More... $0 (01-30-2009 - AR) |
| Michael J. Femal v. Square D. Company; Schneider Automation, Inc., Howard E. Japlon |
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Michael Femal sued James O'Shaughnessy, a Wisconsin lawyer, for defamation. Femal alleged that the defamation occurred during a meeting in Illinois O'Shaughnessy attended as a representative of his employer. O'Shaughnessy invoked the fiduciary shield doctrine as grounds for his motion to dismiss the claims against him for lack of personal jurisdiction. The trial court denied the motion without con... More... $0 (01-29-2009 - IL) |
| Dr. Nyla Ptomey v. Texas Tech University |
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Appellant, Dr. Nyla Ptomey, appeals a summary judgment granted in favor of appellee Texas Tech University on each of her claims of unlawful age and sex discrimination and retaliation. Finding by its traditional motion for summary judgment Texas Tech conclusively proved a legitimate, non-discriminatory reason for the adverse employment actions of which Ptomey complains and that the evidence does n... More... $0 (01-20-2009 - TX) |
| Neil Schaffer v. Litton Interconnect Technology and Insurance Company of the State of Pennsylvania |
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Neil B. Schaffer (claimant) appeals a final award of the Labor and Industrial Relations Commission (the commission) that denied workers’ compensation benefits. This court affirms. Claimant sought compensation for an alleged occupational disease he asserts began approximately May 2, 2002.1 He was an employee of Litton Interconnect Technology (Litton) on the alleged injury date. He alleged that ... More... $0 (01-14-2009 - MO) |
| Norman Choate v. National Railroad Passenger Corp., et al. |
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Norman Choate appeals the district court’s grant of summary judgment to the National Railroad Passenger Corporation (AMTRAK) on a claim for relief under the Age Discrimination in Employment Act and an attempted rescission of a General Release that Choate had entered into with AMTRAK to settle myriad other claims. Choate attempts to appeal as well the district court’s earlier order, made final ... More... $0 (01-14-2009 - MI) |
| Derek Sunderman v. Westart Energy, Inc. |
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Before O’BRIEN, McCONNELL, and TYMKOVICH, Circuit Judges. Derek Sunderman appeals the district court’s entry of summary judgment in favor of his prior employer, Westar Energy, Inc. (Westar), on his claim that he was terminated from his job in retaliation for engaging in protected activity under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. Exercising jurisdiction... More... $0 (01-14-2009 - KS) |
| Kimberly Mossman v. City of Oakdale |
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In this twist arising from a contractual arbitration proceeding, we address whether an arbitrator’s award that concludes (1) the City of Oakdale violated its own personnel rules, and (2) then directing the employee to be “made whole,” without more, is an enforceable award. As sometimes happens, the arbitrator ordered the parties to work out the details of the make-whole remedy, which they di... More... $0 (01-14-2009 - CA) |
| George Jackson v. City of Chicago |
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George Jackson contends that the City of Chicago discriminated against him by denying him two promotions he sought in 2004. The district court granted summary judgment for the City and Jackson appeals. |
| Edward F. Grady, III v. The Narragansett Electric Company d/b/a National Grid |
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The plaintiff, Edward F. Grady, III, appeals from a Superior Court judgment in favor of the defendant, The Narragansett Electric Company,1 with respect to a declaratory judgment action concerning that company’s claimed easement over the plaintiff’s property located in North Kingstown. The trial justice denied the plaintiff’s request for declaratory relief; he determined that the plaintiff’... More... $0 (01-09-2009 - RI) |
| Anadarko E&P Company, L.P. f/k/a RME Petroleum Company v. Railroad Commission of Texas |
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This administrative appeal involves a challenge to a final order issued by the Texas Railroad Commission granting a well-spacing exception under Statewide Rule 37 (1) to appellant Anadarko E&P Company, L.P. f/k/a RME Petroleum Company. On appeal, Anadarko raises several procedural challenges to the Commission's final order, and appellants Larry T. Long, Sammy Adamson, and L. Allan Long, in their ... More... $0 (01-07-2009 - TX) |
| Frank J. Tomecek, Jr. and Janies H. Tomecek v. Andrew Lucian Bavas, et al. |
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This case involves real property to which plaintiffs seek an easement for the purpose of connecting to a city sewer across the lots of their neighbors. The issues are (1) whether the Land Division Act (LDA)1 can be used to create substantive property rights, such as a utility easement, (2) whether an easement by necessity for utilities should be allowed in this case, and (3) whether the restrictiv... More... $0 (12-30-2008 - MI) |
| Carole Media, LLC. v. New Jersey Transit Coporation, STUART BROOKS, in his official capacity as Director of Outdoor Advertising for the New Jersey Department of Transportation |
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In 2004, after a scandal involving the licensing of billboards on New Jersey property, New Jersey took steps to revamp its billboard program. Thereafter, two of the companies that had licenses to display those billboards filed suit against the New Jersey Transit Corporation (“NJ Transit”), the lessor, and All Vision LLC (“All Vision”), its managing agent. The suit was initiated by CBS Outd... More... $0 (12-23-2008 - NJ) |
| Kenneth Clack v. Rock-Tenn Company and Rock-Tenn Company, Mill Division |
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The plaintiff, Kenneth Clack, appeals from the order granting summary judgment to the defendants, Rock-Tenn Company and Rock-Tenn’s Mill Division, that was entered on Clack’s claims that his termination constituted racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq. The magistrate judge, sitting as the district court by ... More... $0 (12-22-2008 - TN) |
| Carole Media, LLC v. New Jersey Transit Corporation; All Vision, LLC |
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In 2004, after a scandal involving the licensing of billboards on New Jersey property, New Jersey took steps to revamp its billboard program. Thereafter, two of the companies that had licenses to display those billboards filed suit against the New Jersey Transit Corporation (“NJ Transit”), the lessor, and All Vision LLC (“All Vision”), its managing agent. The suit was initiated by CBS Outd... More... $0 (12-22-2008 - NJ) |
| Jay Cook v. SOO Line Railroad Company d/b/a Canadian Pacific Railway |
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¶1 Jay Cook (“Cook”) appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook’s Federal Employers Liability Act (“FELA”) claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway (“Soo Line”), on the basis that an Illinois court’s dismissal for interstate forum non conveniens was a final judgment entitle... More... $0 (12-16-2008 - MT) |
| Jason Sinclair v. Burlington Northern and Santa Fe Railway Company and Scott Jaceobsen |
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¶1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion. |
| Avista Corporation, Inc. v. Dorrien H. Wolfe, et al. |
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This appeal presents the question of whether a court may retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act. We conclude that the Act does not permit a nunc pro tunc abandonment declaration. |
| BP America Production Company, et al. v. Stanley G. Marshall, Jr., et al. |
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This matter involves two appeals from a single judgment. While the appeals are from the same judgment, we recognized in our opinion and judgment issued July 23, 2008, that they are independent of one another with regard to the issues presented, the analysis required, and the disposition. Accordingly, we addressed each appeal separately, affirming in part and reversing and remanding in part. Appell... More... $0 (12-15-2008 - TX) |
| James A. Bryant and Carol Sue Bryant v. J.W. Hendrix, Mark Treadwell and Shawn Treadwell |
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Appellants, James A. Bryant and Carol Sue Bryant, as trustees of a revocable family trust, and their son James P. Bryant, appeal the order of the Searcy County Circuit Court granting summary judgment to Appellees, J.W. Hendrix, Mark Treadwell, and Shawn Treadwell. For reversal, Appellants contend the circuit court erred as a matter of law in ruling that the statute of limitations had run on their ... More... $0 (12-11-2008 - AR) |
| Starbucks Corporation v. Erik Lords, et al. |
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Petitioner Starbucks Corporation (Starbucks) petitions for a writ of mandate directing the trial court to vacate its order denying Starbucks’ motion for summary judgment, and to enter a new order granting the motion. Real parties in interest Eric Lords, Hon Yeung, and Donald Brown (collectively plaintiffs) represent a class of some 135,000 unsuccessful job applicants at Starbucks. They allege th... More... $0 (12-10-2008 - CA) |
| Charles Fitzgerald; Kenneth Cline v. Willard R. Harris, Jr., in his capacity as Director of the Maine Bureau of Parks and Lands |
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This case raises the issue of whether a Maine statute governing the management of a state-administered river, the Allagash Wilderness Waterway ("AWW"), Me. Rev. Stat. Ann. tit. 12, § 1882, is preempted by certain sections of a federal statute, the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. § 1271 et seq. |
| CMA-CGM (America) Inc. v. Empire Truck Lines, Inc. |
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This appeal concerns the terms of an Uniform Intermodal Interchange and Facilities Access Agreement (“the Agreement”) that provides that the laws of Maryland shall govern over the interpretation of the agreement. Appellant, CMA-CGM (America), Inc., appeals the trial court’s dismissal of its claims for indemnification against appellee, Empire Truck Lines Inc. In three issues, CMA contends tha... More... $0 (12-05-2008 - TX) |
| Jeffrey Bates v. Missouri & Northern Arkansas Railroad |
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Missouri & Northern Arkansas Railroad Company, Inc. (MNA) appeals from the district court’s1 order remanding to state court Jeffrey Bates’s personal injury claims against MNA. As modified, the order is affirmed. |
| Shady Grove Orthopedic Associates, P.A. and Sonia E. Galvez v. Allstate Insurance Company |
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In this appeal, we address whether Section 901(b) of the New York Civil Practice Law and Rules (“CPLR”) – which prohibits a lawsuit seeking a statutory penalty from being brought as a class action – may be applied in a federal court sitting in diversity jurisdiction and adjudicating claims under New York law. Plaintiff-appellant Shady Grove Orthopedic Associates brought a class action for ... More... $0 (11-27-2008 - NY) |
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