Plaintiff, an attorney, appeals a judgment dismissing his claims for wrongful initiation of civil proceedings. Those claims allege that defendants, attorneys Rein and Teicher and their respective law firms, prosecuted an action against him in federal court without probable cause and with an improper purpose. The trial court granted defendants' motions for summary judgment on the ground that p... More...   $0 (09-26-2007 - OR)

This Premises Liability Act, § 13-21-115, C.R.S. 2007 (the Act), case arises from a collision between a train and a car at a grade crossing. Defendants, Union Pacific Railroad Company (Union Pacific) and Dannie Dolan, the engineer, appeal the judgment entered on a jury verdict in favor of plaintiffs, David and Rebecca Martin, parents and next friends of Maureen Martin (Martin), the driver... More...   $11800000 (09-21-2007 - CO)

Richard A. Morton, Kris D. Puig and Paul A. Lister sued Watco Companies and Stillwater Central Railroad, Inc. on claiming they were fired by Watco for attempting to form a union. They worked for the Stillwater Central Railroad in Oklahoma City, a wholly owned subsidiary to Watco. Plaintiffs wanted form a union to address unfavorable health and safety conditions. Plaintiffs were terminated afte... More...   $660000 (09-18-2007 - OK)

Boyd Rosene and Associates, Inc., appeals an award of attorney's fees granted to Kansas Municipal Gas Agency and the City of Winfield, Kansas. Rosene argues on appeal that under Oklahoma choice-of-law principles, Kansas law applies and the grant of attorney's fees to the defendants pursuant to Oklahoma Statute § 936 was inappropriate. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this c... More...   $0 (09-17-2007 - OK)

{1} Subcontractor J.R. Hale Contracting Co., Inc. (Hale) sued to enforce a lien claim for labor and materials against owner Union Pacific Railroad (Union Pacific), claiming breach of contract against general contractor K.B. Alexander Co. of Texas, Inc. (Alexander), and also claiming a right to recover in quantum meruit against Union Pacific and Alexander (Defendants). The dispute centered on ... More...   $0 (09-12-2007 - NM)

Shipping solid waste to Midwestern landfills has become big business - particularly in places like New Jersey where capacity at in-state landfills is scarce. Railroads are prime beneficiaries of the increased demand for the means of shipping waste across the country. Many railroads accommodate this demand by building facilities within their rights-of-way for the storage and loading of was... More...   $0 (09-12-2007 - NJ)

Ronald and Rebecca Bruton (the Brutons) own and reside upon a 5.4-acre plot of land that is located within the City of Arkansas City. Their property borders the Arkansas River and is subject to a 1935 easement granted to the City for flood protection. The City completed improvements to the existing dike on the Brutons' property. This appeal on our grant of the City's petition for review concern... More...   $0 (09-10-2007 - KS)

These appeals arise out of a... More...   $0 (09-07-2007 - IL)

The regulations promulgated by the Department of Health and Human Services ("DHHS") to implement the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. 104-191, 110 Stat. 1936 (codified as amended in scattered sections of 42 U.S.C.), provide for an individual's broad access to his own health records. Under HIPAA, an individual has the right to obtain copies of ... More...   $0 (08-28-2007 - CA)

Plaintiff, a corporation that manufactures a product called corrugated high density polyethylene pipe (C-HDPE), brought this action against the City of Portland seeking a declaration that the city's refusal to authorize the use of C-HDPE for its storm sewers violated plaintiff's right to equal treatment under the Oregon and United States Constitutions, and also seeking to enjoin the city from c... More...   $0 (08-22-2007 - OR)

This appeal raises five questions: (1) Did the district court err in admitting evidence of the purchase prices of the subject parcels of land? (2) Did the district ... More...   $800000 (08-10-2007 - KS)

Alexandra M. Lisowski sued the New Jersey Transit Authority on a negligence theory claiming that the railroad crossing where he was injured was dangerously laid out with an angled intersection. Lisowski, 33, was in heavy rush-hour traffic in January 2004 at the crossing when she saw a commuter train bound for Suffern, N.Y., bearing down on her 1991 Acura Integra. Lisowski tried to back her car ... More...   $765000 (08-01-2007 - NJ)

Plaintiff David Eggleton sued defendants Plasser & Theurer Export Von Bahnbaumaschinen Gesellschaft, MBH and Franz Plasser Bahnbaumaschinen Industriegesellschaft, MBH ("Plasser," collectively) in Virginia state court for personal injuries arising from his operation of a Plasser-manufactured railroad maintenance machine. Plasser removed the case to the United States District Court for the E... More...   $0 (07-26-2007 - NE)

Terry Sigler sued the Union Pacific Railroad on a negligence theory under the Federal Employers Liability Act (FELA) claiming that he was injured when he slipped on a patch of ice outside an Iowa motel. Sigler, age 56, and a 40 year employee was staying at a Super 8 Motel in Missouri Valley Iowa on a layover for eight to 15 hours before a return westbound trip on March 7, 2002 when he was injur... More...   $942000 (07-06-2007 - NE)

This appeal concerns a dispute between assignors, assignees, and intervening royalty owners regarding the construction of two oil and gas wellbore assignments, wherein the assignments expressly limited the assigned interest to "rights in the wellbore" of a given well. Presenting similar issues, Appellants, Petro Pro, Ltd. and L&R Energy Corporation, and Intervenors, Nancy Wilson Briscoe, Judit... More...   $0 (06-16-2007 - TX)

1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Nephi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of trees locate... More...   $0 (06-12-2007 - UT)

Two days after a jury verdict in his favor in his asbestos-related personal injury action against defendants Metalclad Insulation Company (Metalclad) and John Crane Inc. (Crane),1 Anthony Cadlo (Cadlo) died. Judgment was entered on April 4, 2005, more than one week after his death, on behalf of his widow Maxlyn Cadlo (Maxlyn Cadlo), individually and as successor in interest to her husband.2... More...   $5750000 (06-12-2007 - CA)

Andy Blood sued Qwest Communications International, Inc. on a negligence theory claiming that it failed to inspect, repair and maintain the utility pole owned by it near a railroad right-of-way on 58th Avenue and Pecos Street in Denver with the direct result that the pole broke while he was working on it causing him to fall. Blood suffered a spinal cord injury as a direct result of the fall th... More...   $38500000 (05-25-2007 - CO)

Mr. Daneshvar, who ... More...   $0 (05-15-2007 - KS)

The Chamber of Commerce filed a complaint seeking to quiet title and for declaratory judgment against the Town concerning the ownership of four n... More...   $0 (05-09-2007 - CO)

Plaintiffs-appellants Ronald and Tonya Brookover appeal the trial court's decision granting summary judgment to defendant appellee Roberts Enterprises, Inc. (Roberts). The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. On appeal, they contend that fact issues exist regarding Roberts's negligence and ... More...   $0 (05-08-2007 - AZ)

Steven Tennant, age 48, sued Dakota, Minnesota & Eastern Railroad on negligence theory under FELA claiming that he lost the use of his right hand when a load of wood shifted and crushed it as he tried to push a piece of wood back into a rail car in Rapid City, South Dakota. Tennant claimed that someone from the railroad cut off the offending piece of wood while he was in the hospital and then ... More...   $4500000 (04-28-2007 - MN)

Empire District Electric Company, Inc. ("Appellant") appeals from a judgment rendered against it for actual and punitive damages as a result of an accident, which occurred on October 11, 1995, on a construction site in Webb City, Missouri. Ed English ("English") was electrocuted and suffered significant injuries when he came in contact with two energized lines hung by Appellant. Appellant bring... More...   $4000000 (04-25-2007 - MO)

These consolidated appeals arise from an order entered June 13, 2005 granting summary judgment in favor of the defendant employer, Utah Department of Workforce Services ("DWS"), on plaintiffs' Title VII claims of sexual harassment and sexually hostile work environment (See the "Order" found in App., Vol. 1 at 52-62).(1) Plaintiffs appeal the entry of judgment for the employer. The employer cro... More...   $0 (04-18-2007 - UT)

Under authority of the Communications Act of 1934, the Federal Communications Commission (FCC) regulates interstate telephone communications using a traditional regulatory system similar to what other commissions have applied when regulating other common carriers. Indeed, Congress largely copied language from the earlier Interstate Commerce Act, which authorized federal railroad regulation,when... More...   $0 (04-17-2007 - DC)