In this suit alleging negligent operation of a governmentally owned and operated school bus, plaintiffs appeal by right the trial court’s order granting defendant’s motion for summary disposition under MCR 2.116(C)(7) based on governmental immunity because he had not suffered a “bodily injury.” We agree with the trial court that a plaintiff seeking to avoid governmental tort immunity throu... More...   $0 (09-23-2008 - MI)

Plaintiffs, the Center for Biological Diversity, Inc. and Peter Galvin (collectively CBD),1 appeal from the dismissal of their cause of action, which alleged that defendant owners and operators of wind turbine electric generators in the Altamont Pass Wind Resource Area in Alameda and Contra Costa Counties are, by the operation of their wind turbines, responsible for killing and injuring raptors an... More...   $0 (09-22-2008 - CA)

Plaintiff-Appellant Jami Przybylinski (“Przybylinski”) appeals the district court’s order granting in part and denying in part Defendant- Appellee CSX Transportation, Inc.’s (“CSX”) motion for summary judgment and granting judgment for CSX in this case filed pursuant to the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. § 51, et seq. Because we find that CSX did not breach... More...   $0 (09-15-2008 - MI)

This case involves a proposal by defendant Department of Natural Resources (DNR) to construct a public-access boat launch on Crystal Lake in defendant Benzie County. Plaintiff, Crystal Lake Property Rights Association, is composed of property owners in the vicinity of the proposed boat launch, and it sued to stop the construction of the boat launch. The trial court, in granting the DNR’s subsequ... More...   $0 (09-11-2008 - MI)

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings... More...   $0 (09-10-2008 - PA)

In appellant Christopher Jones’s action for negligence and products liability, summary judgment was granted in favor of respondents Lloyd Electric Company, Inc. (Lloyd), and P.S. Development Company, Inc., d.b.a. Comet Electric (Comet). We affirm.

RELEVANT PROCEDURAL BACKGROUND

On November 23, 2004, Jones filed a complaint against Invision Technologies, Inc. (Invision), containing ... More...   $0 (09-05-2008 - CA)

The plaintiff-appellant, RWB Services, LLC, says that the defendants misappropriated used cameras in which it had security interests and then resold the cameras as new to Wal-Mart. In the district court, the vessels for this allegation were a number of state-law claims and one civil count under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1964(c)—the latter of which forms... More...   $0 (08-27-2008 - IL)

Wisconsin Central, LTD. (“WCL”), an interstate railroad company, brought a suit seeking declaratory and injunctive relief in federal court after the Illinois Department of Labor (“the IDOL”) began investigating claims that WCL had violated overtime regulations under the Illinois Minimum Wage Law, 820 ILL. COMP. STAT. 105/4a. The basis for WCL’s suit was that the State’s overtime provis... More...   $0 (08-27-2008 - IL)

Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst’s motion regarding Specialty’s fraud claim and granted Specialty’s motion regarding Pabst’s impossibility... More...   $0 (08-22-2008 - OK)

The familie3s and estate of ten people killed in a landslide in Ventura County, California on January 10, 2005 sued La Conchita Ranch Co., ranch manager David Orr and Ventura County on a negligence theories claiming that the defendants failed to exercise due care in dealing with an orchard overlooking Conchita, California and as a direct result a "perfect recipe" for a landslide on a hilltop overl... More...   $1 (08-21-2008 - CA)

[¶1.] Two landowners dispute title on two parcels of land, a 100-foot strip and a 33-foot strip. One landowner claims title based on two deeds and the other through adverse possession and reversionary interests. After several motions and cross motions for summary judgment, the circuit court quieted title to both parcels in favor of the deed holder. We affirm in part, reverse in part, and remand.<... More...   $0 (08-14-2008 - SD)

Appellants-Plaintiffs Wayne E. Boyd and Bunker Farms, LLC, by Dean V. Kruse (collectively “Bunker Farms”) appeal a judgment enjoining them from pursuing a quiet title action and ordering DeKalb County officials to issue title of real estate to American Premier Underwriters, Inc. (“APU”), formerly known as Penn Central Corporation.1 We affirm.

ISSUE

Bunker Farms raises one... More...   $0 (08-13-2008 - IN)

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSO”) used the eminent domain authority granted to it under Oklahoma law to condemn an easement across property owned by Plaintiff-Appellant B. Willis, C.P.A., Inc. (“Willis”). Willis, in turn, invoked remedies available under Oklahoma law, first to challenge, before a state court judge, the necessity for PSO to condemn this ... More...   $0 (08-08-2008 - OK)

Defendants, Interstate Property Remediation, Inc., and its principal owner, Glen Cassady, appeal from the district court’s order granting summary judgment to Plaintiff, Nautilus Insurance Company, with respect to a bad faith action initiated after Nautilus reserved its right to deny coverage under an insurance policy owned by Cassady and Interstate. For the reasons that follow, we AFFIRM the jud... More...   $0 (08-08-2008 - KY)

Plaintiffs herein are employees of Kansas City Southern Railroad and their spouses. They contracted with brokers Gregory Hildebrand and Peter Dahlstrom to manage their retirement accounts Alleging fraud and negligence plaintiffs filed a claim against their brokers on August 4 2005 with the Dispute Resolution Division of the National Association of Securities Dealers NASD under its Code of Arbitrat... More...   $0 (08-08-2008 - )

In 1996, Thomas J. Fraga and his wife (1) purchased a home from Carmen Drake and Joyce Dobkins. Drake and Dobkins agreed to finance the entire purchase price of $169,000. Under the terms of the Earnest Money Contract, Fraga expressly accepted the property "as is" and Drake and Dobkins were not responsible for any repairs. The parties also executed a Property Condition Addendum which gave Fraga th... More...   $0 (08-07-2008 - TX)

In this diversity case, the plaintiffs contend that they are entitled to pursue damages arising from a settlement agreement induced by fraud pursuant to which they released wrongful death claims against Ford Motor Company. The district court granted summary judgment in favor of Ford, concluding that under Mississippi law the plaintiffs were required but had failed to rescind the settlement agreem... More...   $0 (08-07-2008 - MS)

Jim Heverly, age 51, sued Union Pacific Railroad Company on a negligence theory under the Federal Employees Liability Act (FELA) claiming that he developed disabling osteoarthritis of the hips directed caused by years of wear-and-tear from poor conditions at Union Pacific's Kansas City area rail yards. He claimed that his physical problems were directly caused by conditions at UP's rail yards. UP'... More...   $1427625 (08-07-2008 - )

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose from th... More...   $0 (08-04-2008 - PA)

In this negligence action under the Federal Employers Liability Act (FELA),
John W. Tillman appeals a final summary judgment entered in favor of Florida East
Coast Railway, LCC (FEC), appellee. For the reasons that follow, we reverse.

In his complaint, Tillman alleged that he “was injured as a result of [FEC’s]
breach of duty when, as he attempted to operate the old yard/n... More...   $0 (08-01-2008 - FL)

Victor Valentino sued Soo Line Railword on a negligence theory under FELA claiming that he was seriously injured as a result of the negligence of his employer.
Plaintiff's leg was so badly broken as a result of a fall on the job that surgeons had to mend it with a metal plate and six screws. He now walks with a cane and must stop and sit at intervals during the day.

Victor Valentino, ... More...   $1400000 (07-29-2008 - WS)

Kansas City Southern Railway Company ("KCS") appeals from a take nothing judgment entered by the trial court after a bench trial on its claims against Missouri Pacific Railroad, Individually and d/b/a Union Pacific Railroad Company, Union Pacific Railroad Company, and Union Pacific System (collectively "Union Pacific"). A bench trial followed after we reversed and remanded a summary judgment that ... More...   $0 (07-26-2008 - TX)

This appeal concerns a suit for judicial review of a final order issued by appellee Railroad Commission of Texas finding that appellant Osage Environmental, Inc., violated its permit to handle oil and gas waste, Commission Statewide Rules 8 ("Rule 8") and 78 ("Rule 78"), (1) and statutes authorizing the Commission to regulate oil and gas waste. The district court affirmed the Commission's order, a... More...   $0 (07-25-2008 - TX)

Sheila Doyle Lortz, age 58, and Charles Lortz, age 56, sued Amtrak on a negligence theory for the injuries and damages that they claimed that they sustained in railroad derailment accident in Hinds County, Mississippi. Mrs. Doyle suffered back and head injuries. Her husband sustained less serious injuries.

Amtrak admitted liability but contest damages.... More...   $1970000 (07-25-2008 - MS)

United States of America ex rel. U.S. Forest Service sued the Union Pacific Railroad Co. on a negligence theory claiming that the railroad's employees negligently failed to use due care while conducting welding operations in the Plumas National Forest on August 17, 2000 with the result that they started a forest fire that burned 52,000 acres of forest.

Defendant denied wrongdoing.... More...   $102000000 (07-23-2008 - CA)