At issue is whether the Southeastern Pennsylvania Transportation Authority (“SEPTA”) is entitled to sovereign immunity under the Eleventh Amendment. In 1991, we determined SEPTA was not an arm of the state. Bolden v. SEPTA, 953 F.2d 807 (3d Cir. 1991) (en banc), cert. denied, 504 U.S. 943 (1992). Now SEPTA contends that subsequent changes in Eleventh Amendment jurisprudence and in SEPTA’s st... More...   $0 (11-26-2008 - PA)

One observer has estimated that 85 percent of the 27,000 wells drilled in the East Texas oil field in the first half of the 20th century were unnecessary — resulting in a huge waste of money and natural resources.[1] As one means of reducing excessive drilling, the Texas Legislature provided for voluntary pooling in 1949,[2] and compulsory pooling in 1965.[3]

Since then, this ... More...   $0 (11-25-2008 - TX)

This appeal involves a decade-long discovery dispute between BNSF Railway Company and the Brotherhood of Maintenance of Way Employees regarding disclosure obligations under the parties’ collective bargaining agreement. An article in the collective bargaining agreement provided benefits to furloughed employees if their furloughs were a direct result of increased subcontracting. The Brotherhood of... More...   $0 (11-25-2008 - TX)

Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district court’s grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, “Sun”). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at ... More...   $0 (11-19-2008 - OR)

The Town of Marshall, North Carolina, hosts regular Friday-night concerts and community gatherings at the Marshall Depot, the Town’s community center. Rebecca Willis enjoyed attending the Friday-night gatherings and dancing to the music provided by the local bands. Willis’s unorthodox dancing style, however, led to complaints about her to the committee in charge of the Depot events. As a resul... More...   $275000 (11-14-2008 - )

Donald Koss appeals from the district court’s denial of his motion for new trial following a jury verdict in favor of Iowa, Chicago & Eastern Railroad Corporation (IC&E) on his negligence and strict liability claims. He contends new trial is warranted on the basis of (1) newly discovered evidence, (2) erroneous admission and exclusion of evidence, (3) error in the jury instructions, and (4) the ... More...   $0 (11-13-2008 - IA)

Audrey Broyles began work as a deputy prosecuting attorney (DPA) for the Thurston

County Prosecutor in 1993. She served as a misdemeanor prosecutor, as the juvenile division

supervisor, and, at the time Holm took office in January 1999, as the felony prosecutor in charge

of domestic violence cases. Holm kept her in this felony prosecution role but also made her the
More...   $0 (11-13-2008 - WA)

This appeal is from a trial court order prohibiting the defendant Union Pacific Railroad Company (Union Pacific) from compelling plaintiff Carlyle Pratt to attend a medical examination or conducting a disciplinary hearing to terminate Pratt’s employment for refusing to provide it with medical evidence justifying his continued absence from work. In the underlying suit, Pratt filed suit against hi... More...   $0 (11-12-2008 - CA)

Michael Rogers and Hulya Kar appeal the district court’s order granting their employer’s motion to compel arbitration. They argue that federal statutes exempt their employment contracts from the scope of Title 9 of the United States Code. We conclude that their employment contracts are “considered as commercial” under Title 9. Therefore, we hold that the arbitration provisions contained in... More...   $0 (11-07-2008 - CA)

Two years ago this Court examined the interplay of two federal statutes that govern the
12 transport of goods from foreign shores to inland delivery points in the United States. See Sompo
13 Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir. 2006). We concluded that, when
14 a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack
1... More...   $0 (11-06-2008 - NY)

This is an appeal from a judgment for the plaintiff for personal injuries covered by the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 through -60, as amended. The defendant assigns error to four of the trial court's rulings on the admissibility of evidence.

Facts and Proceedings

Under familiar principles of appellate review, we will state the facts in the light most f... More...   $0 (10-31-2008 - VA)

In this suit to reform a deed and enforce restrictions, defendants JPMS, Inc. (JPMS) and White Pine Wireless, LLC (White Pine) appeal as of right the trial court’s grant of summary disposition in favor of plaintiff Johnson Family Limited Partnership (the Partnership). On appeal, the primary issues are whether the trial court could properly reform an unambiguous deed to include omitted deed restr... More...   $0 (10-31-2008 - MI)

Appellants, Maurice Amidei and Sierra Land & Minerals, Inc., contend the trial court erred in granting Presto Tierra, Ltd.’s plea to the jurisdiction. Because the issues in this appeal involve the application of well-settled principles of law, we affirm the judgment of the trial court in this memorandum opinion under Texas Rule of Appellate Procedure 47.4.

Amidei and Sierra ar... More...   $0 (10-29-2008 - TX)

¶ 1 Appellants, Richard G. Phillips (“Phillips”) and Richard G. Phillips Associates, P.C. (“Phillips Associates”), appeal from the order dated June 5, 2007 denying Appellants’ motion to reconsider the trial court’s grant of summary judgment in favor of all Appellees.1 After an exhaustive review of the evidentiary record, we affirm.

Factual and Procedural Background

¶ 2 ... More...   $0 (10-28-2008 - PA)

Leroy Johnson (“Johnson”) sustained injuries while working as a seaman for Cenac Towing, Inc. (“Cenac”). He sued Cenac in federal court for negligence under the Jones Act, unseaworthiness, and maintenance and cure benefits. Following a bench trial, the district court denied maintenance and cure because Johnson willfully concealed his preexisting physical problems from Cenac, but the court ... More...   $0 (10-24-2008 - LA)

¶1 The issue presented is whether the trial court erred in granting summary judgment to EOG Resources Marketing, Inc., (EOGRM) concerning whether: 1) the district court was the proper forum for the cause; 2) the State Board of Equalization and the Oklahoma Tax Commission had jurisdiction to assess EOGRM for ad valorem taxes; and 3) EOGRM is a public service corporation. We find that it did not.More...   $0 (10-21-2008 - OK)

This is an appeal from the decision of the district court, granting the motion for summary judgment of Counterplaintiff-Appellee Leggett & Platt, Inc. (hereinafter, “Leggett”) on its counterclaim for breach of a representation of a Net Asset Value (hereinafter, “NAV”) representation in an agreement with Counterdefendant-Appellant TransPro, Inc. (hereinafter, “TransPro”). TransPro appea... More...   $0 (10-16-2008 - OH)

Neighbors of Ipsco Steel Co., now SSAB Alabama, sued it on a nuisance theory complaining about the sound of steelmaking for mental anguish and loss of the enjoyment of their property. Plaintiffs were among about 50 households in the Axis area who lived in a rural setting prior to the plant's arrival, the area had been designated as industrial by the early 1980s. Plaintiffs complained about the n... More...   $0 (10-05-2008 - AL)

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants’ motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service’s (Park Service)... More...   $0 (10-02-2008 - MT)

Following defendants' application of pesticides to plaintiff's house and yard, plaintiff brought this action, alleging claims for fraud, violation of the Unlawful Trade Practices Act (UTPA), negligence, intentional infliction of emotional distress, and trespass. The jury found for defendants on the fraud and UTPA claims and for plaintiff on the negligence and trespass claims.(1) The trial court en... More...   $0 (10-01-2008 - OR)

Appeal from a judgment of the Superior Court of Orange County, Sheila Fell, Judge. Affirmed. James Toledano for Plaintiff and Appellant. Daley & Heft, LLP, Robert W. Brockman and Golnar J. Fozi, for Defendant and Respondent.

Robert Gunn appeals from a judgment in favor of Mariners Church, Inc., in his action for defamation, invasion of privacy, and intentional infliction of emotional distre... More...   $0 (10-01-2008 - CA)

The plaintiff, Milasav Stevanovic, filed a lawsuit in the circuit court of Cook County against the defendants, the City of Chicago (the City), and the Chicago fire department, for injuries he sustained while riding as a passenger in an ambulance. After the statute of limitations had run, the plaintiff filed an amended complaint containing an additional count. On the City’s motion, the trial cour... More...   $0 (09-30-2008 - IL)

In the instant matter, Appellant Frank A. Savarese (hereinafter “Mr. Savarese”) seeks reversal of the Circuit Court of Ohio County's October 11, 2006, Memorandum Opinion and Order dismissing, without prejudice, this first party bad faith action, pursuant to West Virginia Code § 56-1-1(c)(2003), for lack of subject matter jurisdiction. After thorough consideration of the arguments of the parti... More...   $0 (09-26-2008 - WV)

If a trial court grants a motion to quash service of summons due to lack of personal jurisdiction over a foreign defendant, does the court have jurisdiction thereafter to rule upon that defendant’s motion for attorney fees? We conclude that it does.

I. BACKGROUND

Plaintiffs Bryan and Shelley Shisler are California residents. In or about June 2004, plaintiffs saw a car they liked on... More...   $34492 (09-25-2008 - CA)

Leroy Johnson (“Johnson”) sustained injuries while working as a seaman for Cenac Towing, Inc. (“Cenac”). He sued Cenac in federal court for negligence under the Jones Act, unseaworthiness, and maintenance and cure benefits. Following a bench trial, the district court denied maintenance and cure because Johnson willfully concealed his preexisting physical problems from Cenac, but the court ... More...   $0 (09-24-2008 - LA)