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)

Plaintiff appeals as of right from the trial court’s order granting summary disposition to defendants in this condemnation case. Plaintiff, which owns and operates the Ambassador Bridge connecting Detroit, Michigan, with Windsor, Ontario, had attempted to condemn defendants’ land in order to improve access on the Detroit side of the bridge.1 The trial court concluded that plaintiff did not ha... More...   $0 (07-22-2008 - MI)

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,... More...   $0 (07-22-2008 - ME)

Defendants Northeast Vehicle Services, LLC, East Brookfield & Spencer Railroad, LLC ("EB&SR"); Holston Land Company, Inc., CSX Real Property, Inc., Steven Pugliese, and George Bell all play various roles in the ownership and operation of an automobile distribution facility located in the towns of East Brookfield and Spencer, Massachusetts. Footnote Plaintiffs, Leo and Sara Fayard, own a seventeen-... More...   $0 (07-22-2008 - MA)

On the night of December 26, 2001, Plaintiff-Appellant Julie Beardsley accompanied her husband, Brian Dick, the driver of a tanker truck owned and operated by Defendant-Appellee Farmland Co-Op, Inc. (“Farmlandâ€�). After midnight that evening, Dick lost control of the truck and it rolled over. Both Beardsley and Dick suffered severe injuries. Beardsley brought a personal injury action against Fa... More...   $0 (07-21-2008 - WY)

In 1992, Defendant-Appellee Public Service Company of Oklahoma (“PSOâ€�) 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. (“Willisâ€�). 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 (07-20-2008 - OK)

Lynn R . McNeel brought this action under the Federal Employers’ Liability A ct (FELA), alleging that he was injured when he inhaled fumes while employed as a conductor by Union Pacific Railroad Company (Union Pacific). T he district court for Lincoln County granted Union Pacific’s Daubert/Schafersman motion to exclude McNeel’s expert witnesses from testifying and subsequently entered summar... More...   $0 (07-19-2008 - NE)

[¶1.] Sioux Equipment installed a fuel storage and dispensing system on real property owned by Clark County (County). County and the State of South Dakota Petroleum Release Compensation Fund (PRCF) sued Sioux Equipment when the system leaked and released diesel fuel into the environment. Sioux Equipment moved for summary judgment on the ground that a ten-year statute of repose barred County’s a... More...   $0 (07-19-2008 - SD)

In this case, we are asked to determine the constitutionality of Public Act 94–804 (the Act), which imposed, for a two-year period beginning on the effective date of the amendatory Act, a 3% surcharge on the four riverboat casinos in Illinois that had adjusted gross receipts (AGR) of over $200 million in the calendar year 2004. The remaining five riverboat casinos, all of which had AGRs below $2... More...   $0 (07-17-2008 - IL)

{1} Plaintiffs appeal from the district court’s grant of summary judgment in favor of Defendant Burlington Northern Santa Fe Railway Company (BNSF) on Plaintiffs’ claims of vicarious and direct liability for negligence. Plaintiffs’ daughter, Angela Ovecka, was killed in an automobile collision with BNSF’s employee, Kenneth Long. Long was highly intoxicated at the time of the accident.... More...   $0 (07-09-2008 - NM)

Masonic Homes of California, Inc. (appellant) appeals from the judgments entered following a jury trial. The jury awarded respondent Nancy Deutsch (Deutsch) $1,915,600 and respondent Sharon Mohr-McDermott (Mohr-McDermott) $1,615,600 (Deutsch and Mohr-McDermott will be collectively referred to as “respondents�).

Deutsch, who was 46 years old at the time of trial, alleged that she was sex... More...   $0 (07-03-2008 - CA)

As she was driving through the Village of Lyons en route to the North Riverside Mall, Laura Phelan was pulled over and arrested. Officer Damien Dyas executed the traffic stop based on his belief that Phelan was driving a stolen vehicle. His belief turned out to be mistaken, and Phelan was released shortly thereafter. She sued the Village of Lyons1 and Officer Dyas under 42 U.S.C. § 1983, al... More...   $0 (06-27-2008 - IL)

Betty Black (Black) sued attorney Ryan K. Shultz (Shultz) and his law firm, Reed, King and Shultz Law Office, for legal malpractice and partnership liability. Black's claims arose from Shultz's failure to pursue a sexual harassment suit against Black's employer, U.S. Bank, and from numerous misrepresentations made by Shultz during his representation of Black. A jury found Black's sexual harass... More...   $0 (06-24-2008 - NE)

The Duluth, Winnipeg & Pacific Railway Company (railway) brought this action seeking a declaratory judgment that the Federal Railway Safety Act preempts a state law limiting the speed of trains passing through Orr, Minnesota. Both sides moved for summary judgment, and the district court concluded that the special law fell within the savings clause of the federal preemption statute. The railway... More...   $0 (06-20-2008 - MN)

BNSF claimed that Br... More...   $24000000 (06-14-2008 - MN)

[1] Appellants, Michael Hannifan (Hannifan) and Kevin Hampleman (Hampleman) (collectively Appellants) contend that they are entitled to judgment as a matter of law1 because there is insufficient evidence that either of them acted "intentionally" to harm the Appellees, Leslie Roy "Les" Butts (Butts), or Davis Butts and Dawson Butts, the minor children of Butts (hereafter "Children" or "Butts‟... More...   $0 (06-11-2008 - WY)

Plaintiff Osby Dixon sued his employer, defendant Union Pacific Railroad Company, under the Federal Employers' Liability Act (FELA) (45 U.S.C. §51 et seq. (2000)), after a handrail on a train car came loose and plaintiff fell several feet to the tracks below. After a trial, a jury awarded plaintiff $131, 318. 66 for pain and suffering and $54,500 for economic loss, but nothing for disability. ... More...   $0 (06-09-2008 - IL)

Craig Outdoor Advertising, Inc., Midwest Outdoor Media, LLC, Patriot Outdoor, LLC (collectively "Plaintiffs"), and Curtis Massood, the former owner of a small billboard company, filed this lawsuit in which they alleged that Viacom Outdoor ("Viacom"), and Viacom executives Wally Kelly and Harold Gustin (collectively "individual Defendants")1 perpetrated a scheme by which Viacom and its employee... More...   $0 (06-09-2008 - MO)

The Writers Guild of America (the Guild) had reason to believe that reality television production companies and television networks violated wage and labor laws. The Guild held meetings during which employees of reality television discussed the purported violations. Some who participated in the meetings, along with other reality television employees, agreed to be the named plaintiffs in two wa... More...   $0 (05-30-2008 - CA)

Appellee Comal County sued appellants AVE, Inc. and John Coil, seeking temporary and permanent injunctive relief barring Coil and AVE from operating a sexually oriented business and alleging that they were violating section 243.0075 of the local government code and Comal County Commissioners Court Order Number 10 ("Order 10"). (1) See Tex. Loc. Gov't Code Ann. § 243.0075 (West 2005). The County so... More...   $0 (05-17-2008 - TX)

¶1 Edward M. and Anna F. Ransom appeal from the Trial Court's denial of their Objection to Amended Petition for Condemnation. Based on our review of the record on appeal and applicable law, we affirm.

BACKGROUND

¶2 The Klintworths and the Joneses filed their petition to condemn an access easement pursuant to 27 O.S.2001 § 6, alleging the easement was necessary to provide acces... More...   $0 (05-01-2008 - OK)

Kenneth Frazier, age 48, sued Southern Minnesota Construction on respondeat superior negligence theory claiming that Southern's employee negligently drove a semi-tractor trailer rig onto a Union Pacific railroad crossing in front of the locomotive engineered by him. The driver of the semi was killed and Frazier was seriously injured in the resulting collision west of Mankato in Blue Earth County i... More...   $1142000 (04-19-2008 - MN)

Defendant-Appellant Carnival Corporation ("Carnival") appeals the denial of its motion to dismiss. Carnival argues that the district court should have dismissed the instant wrongful death suit because the suit was filed after the expiration of a one-year contractual limitation period. The district court, however, in a particularly well-reasoned order, held that the limitation period was subjec... More...   $0 (04-11-2008 - FL)

The issue in this case is whether a cause of action for intentional interference with custody and visitation rights is sustainable by a father, Michael Shannon, against his former wife, Nermeen Khalifa Shannon, and her mother, Afaf Nassar Khalifa ("Appellants"), both of whom fled to Egypt with the couple's two minor children, who remain there. Appellants moved to dismiss the father's complaint... More...   $3017500 (04-11-2008 - MD)

The underlying event giving rise to Indemnity's lawsuit was an accident involving a City truck driven by a City employee named John Calvin Morrow that resulted in injuries to a man named Lee Otis Brown. Morrow was driving a City-owned rock-hauler truck to pick up a load of asphalt mix from an asphalt-production plant owned by APAC-Texas, Inc. (APAC). Brown worked in a guard shack at the en... More...   $0 (04-04-2008 - TX)