Railroad Law
 
Dave Robinson v. Alter Barge Line, Inc.

The plaintiff was a deckhand on a barge owned by the defendant, a company that provides shipping by barge in inland waterways, mainly the Mississippi River. See "Alter Barge Line, Inc. - History," www.alterbarge.com/history.html (visited Dec. 7, 2007). On three occasions he complained to management that crew members were using illegal drugs while on duty.

Shortly after the third rep... More...   $0 (01-17-2008 - IL)

Dennis J. Pickens v. Steven Gardner and The Law Firm of Kiple, Denefe, Beaver, Gardner & Zingg, LLP

Dennis Pickens appeals the district court's grant of summary judgment in favor of the defendants in a legal malpractice suit.

I. Background Facts and Proceedings

Pickens was employed by Soo Line Railroad (Soo Line). After sustaining an on-the-job injury to his back, Pickens sued his employer under the Federal Employee Liability Act. He prevailed in that action. Pickens returned to... More...   $0 (01-16-2008 - IA)

Harry Montgomery v. CSX Transportation, Inc.

Respondent Harry Montgomery, a railroad employee of petitioner CSX Transportation, Inc. (CSX), was injured while using a manual track wrench to tighten a bolt on a railroad track. Respondent brought a negligence action against CSX under the Federal Employers' Liability Act (FELA).[1] CSX moved for summary judgment. The evidence presented included deposition testimony of respondent and two ... More...   $0 (01-14-2008 - SC)

Norfolk Southern Railway Company v. Basell USA, Inc.

Norfolk Southern Railway Co. ("Norfolk Southern") and its customer Basell USA Inc. ("Basell") agree that Basell breached a contract that existed between them. They disagree, however, as to whether the breach was material and whether it constituted a repudiation - either of which would have entitled Norfolk Southern to terminate the contract. On cross-summary judgment motions, the Dist... More...   $0 (01-13-2008 - PA)

Damiyan Lamar Watson v. Gloria June Connors

This appeal asks whether an order of dismissal entered pursuant to Ark. R. Civ. P. 41(b) - but entered without notice to the parties - constitutes a "clerical error" that can be corrected at any time pursuant to Ark. R. Civ. P. 60(b).

Appellant Damiyan Watson and Appellee Gloria Connors were involved in an automobile accident on January 19, 2001. After filing his initial complain... More...   $0 (01-10-2008 - AR)

Beverly Materials, LLC v. Town of LaPrairie Board of Supervisors, etc.

This is a certiorari action in which Beverly Materials, LLC seeks review of a decision by the Town of LaPrairie Board of Supervisors denying its applications for a conditional use permit and request for rezoning to allow Beverly Materials to conduct a sand and gravel mining operation. The circuit court affirmed the Board's decision and Beverly Materials appeals. We affirm the circuit court... More...   $0 (01-07-2008 - WI)

Forrest Ralph Graybeal v. Martin Sand & Gravel

1 Defendant Martin Sand & Gravel appeals the granting of a new trial, following a defendant's verdict, on the grounds that the jury received extraneous information that the plaintiff had received an insurance settlement. Plaintiff Forrest Ralph Graybeal, as Personal Representative of the Estate of Ruby Eileen Graybeal, counter-appeals the denial of a requested jury instruction and a motion for a d... More...   $0 (12-28-2007 - OK)

Bills Signs Trucking, LLC, et al. v. Signs Family Limited Partnership, et al.

We hold in this case that a tenant's preemptive purchase rights under a commercial lease are not triggered by the conveyance of an interest in the property between copartners in a family limited partnership that owns the property and is the landlord. We affirm the judgment for the defendants.

FACTUAL AND PROCEDURAL BACKGROUND

William Signs, Jr., owned Bill Signs Trucking, Inc.,... More...   $0 (12-19-2007 - CA)

William Rothstein v. Snowbird Corporation

1 William Rothstein, an expert skier, sustained injuries when he collided with a retaining wall while skiing at Snowbird Ski Resort. He sued Snowbird, claiming the resort's negligence caused his injuries. The district court granted Snowbird's motion for summary judgment and dismissed Mr. Rothstein's ordinary negligence claim. The district court agreed with Snowbird that Mr. Rothstein ha... More...   $0 (12-18-2007 - UT)

Elmer Van Gorder v. Grand Truck Western Railroad, Inc.

Plaintiff-Appellant Elmer Van Gorder ("Van Gorder") appeals the district court's order granting summary judgment in favor of Defendant- Appellee Grand Trunk Western Railroad ("Grand Trunk") in this negligence action filed pursuant to the Federal Employer's Liability Act ("FELA"), 45 U.S.C. § 51, et seq. Van Gorder claims that the district court erred in finding that there were no genuine is... More...   $0 (12-16-2007 - MI)

Douglas Campbell, et al. v. PMI Food Equipment Group, Inc., et al.

PMI Food Equipment Group, Inc. closed its plant in Dayton, Ohio in 1995 and moved the operation to Piqua, Ohio after signing a tax-abatement agreement with the City of Piqua, Miami County, and the state of Ohio that resulted in favorable tax treatment for 10 years. In the process of closing its Dayton plant, PMI terminated all of the 66 hourly employees who worked there. The hourly workers ... More...   $0 (12-16-2007 - OH)

David Wisniewski, on behalf of himself and all others similarly situated v. Rodale, Inc.

This appeal requires us to determine whether § 3009 of the Postal Reorganization Act, 39 U.S.C. § 3009 (2000), which regulates the shipment of unordered merchandise, provides an implied private right of action. The District Court dismissed David Wisniewski's § 3009 claim on the ground that no implied private right of action exists under this statute. Based on our review of the statute a... More...   $0 (12-13-2007 - PA)

Northland Insurance Company and Chad Loebs d/b/a Loebs Trucking

[1.] Northland Insurance Company (Northland) initiated a declaratory judgment action against Zurich American Insurance Company (Zurich). The parties filed cross motions for summary judgment. There is no issue as to the existence of any factual disputes. The circuit court ruled in favor of Zurich. Northland appeals and we affirm.

FACTS AND PROCEDURAL HISTORY

[2.] On May 1, 2001, Up... More...   $0 (12-12-2007 - SD)

Kajima Construction Services, Inc. v. St. Paul Fire and Marine Insurance Company

Plaintiffs, Kajima Construction Services, Inc. (Kajima), a general contractor, and its insurer, Tokio Marine and Fire Insurance Company (Tokio), filed a declaratory judgment action in the circuit court of Cook County against St. Paul Fire and Marine Insurance Company (St. Paul) seeking reimbursement of funds that Tokio had paid to settle an underlying personal injury lawsuit. The parties... More...   $0 (12-11-2007 - IL)

Jacob Townsend, et al. v. Sears, Roebuck and Company

Plaintiffs, Michelle Townsend, individually and on behalf of her minor son, Jacob, brought a personal injury action in the circuit court of Cook County against defendant, Sears, Roebuck and Company (Sears). A question arose as to whether Illinois or Michigan law would govern the liability and damages issues presented in the case. The circuit court ruled that Illinois law governs these su... More...   $0 (12-11-2007 - IL)

CSX Transportation, Inc. v. Appalachian Railcar Services, Inc.

In April 2004, for reasons still unknown, thirteen railcars derailed in Evansville, Indiana. CSX Transportation determined that the railcars, which belonged to Appalachian Railcar Services ("ARS"), had derailed on CSX-owned track and, therefore, that CSX was liable for the damage. Some time after paying ARS for the damaged railcars, CSX concluded that the derailment had actually occurred... More...   $0 (12-11-2007 - IN)

Burlington Northern & Santa Fe Railway Company v. Charles Vaughn, Chairman of the Hualapai Indian Tribe, et al.

The Burlington Northern & Santa Fe Railway Company (BNSF) brought suit against two officials of the Hualapai Indian Tribe, Charles Vaughn and Wanda Easter (the tribal officials), seeking declaratory and injunctive relief against their efforts to enforce or collect the Hualapai Tribe's possessory interest tax against BNSF for use of the railroad's rightof- way through the reservation. Th... More...   $0 (12-09-2007 - AZ)

Michael Savokinas v. Pittston Township, et al.

Michael Savokinas sued Pittston Township, Pennsylvania on a wrongful termination theory claiming that supervisors violated his civil rights by not providing him a hearing before opting not to rehire him as a part-time police officer in 2006.

Defendant claimed that it did not hire Savokinas, who works a full-time job as a police officer for the Canadian Pacific Railroad, was not rehired beca... More...   $125000 (12-05-2007 - PA)

William L. Hanchett, Jr. and Cheryl Bajon St. Romain v. State of Louisiana

This highway defect suit was filed by the parents of a driver killed in a single vehicle accident on Highway 75 in Iberville Parish For the following reasons we amend and affirm as amended.

FACTS AND PROCEDURAL HISTORY

On August 28 1994 William L Little Billy Hanchett III was killed in an automobile accident on Highway 75 in Iberville Parish Little Billy had been out drinking ... More...   $125000 (12-05-2007 - LA)

Mary A. Berry and Merry Berry, Inc., d/b/a Fountain of Youth RV Park v. Pamela Tessman

[1] Appellants, Mary A. Berry and Merry Berry, Inc., contest the district court's determination that they are liable for damages sustained when Appellee, Pamela Tessman, a guest in their RV park, injured herself by stepping into a marmot hole on the property. Appellants also contest the amount of damages awarded by the district court. We reverse.

* * *

[3] On July 4, 2003, Ms. Tes... More...   $0 (11-10-2007 - WY)

Richard L. Walsh v. Spalding & Son, Inc.

Defendant, which leased property to plaintiff's employer, appeals from an adverse judgment entered after a jury found defendant liable for injuries that plaintiff suffered while working on the leased property. On appeal, defendant raises five assignments of error, challenging, inter alia, the denial of its motion for a directed verdict and the court's giving of a jury instruction that referre... More...   $0 (11-07-2007 - OR)

D.L. Anderson's Lakeside Leisure Co., Inc., M. Scott Statz and Steve Statz v. Donald Anderson and Anderson Marine, LLC

D.L. Anderson's Lakeside Leisure Co., Inc., M. Scott Statz, and Steven Statz filed this action claiming breach of a noncompete clause in an asset purchase agreement and common law tradename infringement. The defendants, Donald Anderson and Anderson Marine, LLC, appeal the judgment against them entered on a jury verdict for $90,000 in compensatory damages and $180,000 in punitive damages, an... More...   $0 (11-01-2007 - WI)

State of Indiana v. Kimco of Evansville, Inc. a/k/a ECH Acquisition, Inc., The Franklin Life Insurance Company and Vanderburgh County, Indiana

The State appeals the jury's verdict in favor of Kimco, et al., in the amount of $2,300,000.00 for an appropriation of Kimco's real estate in 2000. We affirm.

Issue

The State raises two issues, which we consolidate and restate as whether Kimco is entitled to damages for its loss of access to a public thoroughfare.

Facts

Kimco owns Plaza East Shopping Center ("Plaza East"... More...   $0 (10-31-2007 - IN)

Steve Lowery v. Union Pacific Railroad

Steve Lowery sued the Union Pacific Railroad on a negligence theory under FELA claiming that he was seriously injured in a railroad accident when a brakeman dropped six empty railroad cars down a hill into a locomotive Lowery was trying to start. Plaintiff claimed that he suffered injuries to his neck and lower back.... More...   $760000 (10-11-2007 - MO)

Larry Emerson, et al. v. Kansas City Southern Railway Company

This case concerns the preemptive scope of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). Kansas City Southern Railway Company (Railroad), the defendant below, argued to the district court that the ICCTA preempts the state tort claims brought by the plaintiffs, who own land adjacent to the Railroad's track in Sequoyah County, Oklahoma. The district court accepted this ... More...   $0 (10-01-2007 - OK)

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