Legacy Crossing, LLC v. Travis Wolff & Company, LLP |
In this diversity action, Plaintiff-Appellant Legacy Crossing, LLC ("Legacy Crossing") appeals from the district court's grant of summary judgment in favor of Defendant-Appellee Travis Wolff & Company, LLP ("TWC"). The district court held that Legacy Crossing's state law claims against TWC for fraud, negligence/professional malpractice, and violation of the Oklahoma Consumer Protection Act were... More... $0 (04-09-2007 - OK) |
Beverly Chambless v. Louisiana-Pacific Corporation |
Beverly Chambless, a 48-year-old Caucasian female, alleged that her former employer Louisiana-Pacific denied her promotions due to her age and gender, subjected her to a sexually hostile work environment, and retaliated against her for bringing discrimination complaints, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Emplo... More... $0 (03-23-2007 - AL) |
Lani Meyers, by and through her next friend, Rebecca Coplin, v. Fluor Corporation, et al. |
Lani Meyer, by and through her next friend, Rebecca Coplin, ("Plaintiff") appeals from the order of the circuit court denying class certification in a tort action filed on behalf of a proposed class of children exposed to lead due to the operation of the Doe Run lead smelter in Herculaneum, Missouri. Plaintiff seeks, inter alia, to recover compensatory damages for the expense of prospective med... More... $0 (03-20-2007 - MO) |
Albert Ralph Velasquez v. Union Pacific Railroad Company |
Albert Ralph Velasquez Individually and as Representative for W.E.V., N.L.V. and R.N.V., minors, sued the Union Pacific Railroad Company on negligence personal injury theories.... More... $0 (03-19-2007 - TX) |
Keith Baird v. Louisville & Indiana Railroad Company |
Keith Baird sued his employer, Louisville & Indiana Railroad Company on a negligence theory, FELA, claiming that his left leg was traumatically amputated when he was run over by a rail car that was moved without notice to him by his supervisor. The accident, which occurred on October 2, 2004, resulted in Baird being operated on 36 times. Defendant claimed that the accident occurred because... More... $7900000 (03-15-2007 - KY) |
Riverwood Commercial Park, LLC, and Tom S. Freidt v. Standard Oil Company, Inc., a/k/a BP, and Tesoro Refining and Marketing Company |
[1] Riverwood Commercial Park, LLC, and Tom Freidt (collectively "Riverwood") have appealed from a judgment dismissing their action against Standard Oil Company ("Standard") and Tesoro Refining and Marketing Company ("Tesoro") for trespass, breach of contract, slander of title, right to quiet title, interference with prospective advantage, fraud, and nuisance. We reverse, concluding (1) the dis... More... $0 (03-07-2007 - ND) |
Oneok Westex Transmission, L.P. v. Castor Oil, Inc. |
This appeal arises from the entry of judgment after a bench trial wherein the trial court found that Oneok Westex Transmission, L.P., did not have a valid and existing pipeline easement over the property of Castor Oil, Inc. The parties agree that the written easement given to Oneok by Castor's predecessor-in-interest was not recorded. Yet, Castor claimed to be a subsequent purchaser for value... More... $0 (02-26-2007 - TX) |
Railroad Commission of Texas and Dos Republicas Resources Co., Inc. v. Theodosia Coppock, Juanita Alvarado, Guadalupe Davila, and Kickapoo Traditional Tribe of Texas |
Dos Republicas Resources Co., Inc. ("Dos Republicas") asked the Railroad Commission of Texas (the "Commission") to extend its surface coal mining permit under the provisions of the Texas Surface Coal Mining and Reclamation Act codified in the natural resources code, but Theodosia Coppock, Juanita Alvarado, Guadalupe Davila, and Kickapoo Traditional Tribe of Texas (the "appellees") opposed the e... More... $0 (02-02-2007 - TX) |
Jeffrey Klein and Brett Birdwell v. National Railroad Passenger Corporation (Amtrak) and Norfolk Southern Corporation |
Plaintiffs Jeffrey Klein and Brett Birdwell lived in Stroudsburg, Pennsylvania, and were visiting Klein's mother and stepfather in Lancaster. On August 10, 2002, they went skateboarding in the neighborhood, and at about 10:00 p.m. came to the parking lot of a former convenience store, at an intersection in a mixed residential/commercial area in Lancaster City. About fifty feet behind the p... More... $24227435 (01-16-2007 - PA) |
City of Port Hueneme v. Oxnard Harbor District, et al. |
In this case of first impression, after granting a rehearing, we again hold that Harbors and Navigation Code section 6077.5 authorizes a harbor district to acquire a railroad without the prior consent of the city in which railroad land is located. The City of Port Hueneme (City) appeals from a judgment of dismissal after the trial court sustained the demurrers of the Oxnard Harbor District ... More... $0 (01-05-2007 - CA) |
Harry T. Janick v. Soo Line Railroad, d/b/a Canadian Pacific Railroad |
Federal Employers' Liability Act ("FELA") workplace negligence Plaintiff was a 59 year-old railroad clerk who worked in a material facility and whose duties included occasional operation of forklifts to move supplies. In 2004, Plaintiff developed neck pain and went to a family practitioner who diagnosed him with degenerative changes and bulging discs at C5-6 and C6-7 based on MRI scans. ... More... $300000 (01-04-2007 - MN) |
George Treperinas v. Burlington Norther Santa Fee Railroad Company |
George Treperinas sued Burlington Northern Santa Fe Railroad on a wrongful termination theory claiming that he was terminated after he reported that he had sustained a neck injury on the job and would require extensive medical care. Treperinas was out of work until an appeals board ordered that he be returned to his job. He underwent therapy and surgery on his neck and was unable to pay his bi... More... $300000 (12-22-2006 - MT) |
Jeffrey Klein and Brett Birdwell v. National Railroad Passenger Corporation, et al. |
Jeffrey Klein and Brett Birdwell sued Amtrak and Norfolk Southern on negligence theories for electrical burn injuries suffered by the two 17-year-old boys on August 10, 2002 in Lancaster, Pennsylvania. Plaintiffs were visiting Jeffrey Klien's mother in Lancaster. They decided to go skateboarding on a parking lot in the area where they saw a number of Norfolk railroad cars parked on a siding. ... More... $24400000 (10-28-2006 - PA) |
Patrick J. McCann v. Deputy Ken Neilsen |
Patrick McCann brought this civil rights action under 42 U.S.C. § 1983 alleging that McHenry County Sheriff's Deputy Ken Neilsen used excessive force in the course of arresting him. The district court granted Deputy Neilsen's motion for judgment on the pleadings, holding that under Heck v. Humphrey, 512 U.S. 477 (1994), certain allegations in the complaint were inconsistent with, and t... More... $0 (10-26-2006 - IL) |
Daniel J. Didier v. Schwan Food Co. |
Daniel Didier appeals the district court's2 grant of summary judgment in favor of Schwan Food Company and Schwan's Home Service (Schwan's) in this disability discrimination case. Schwan's cross-appeals the district court's denial of its motion for bill of costs. We affirm. I. BACKGROUND At the summary judgment stage, we recite the facts in the light most favorable to Didier, t... More... $0 (10-17-2006 - AR) |
Thurston Hensley v. CSX |
Thurston Hensley, age 67, sued CSX on a negligence theory under the Federal Employees Liability Act (FELA) for the injuries and damages that he claimed that he sustained as a direct result of being exposed to asbestos in the CSX railroad yards where he worked for 33 years as an electrician. He claimed that he developed asbestosis and toxic encephalopathy with resulting lung and brain... More... $5000000 (10-03-2006 - TN) |
Vito Tufariello v. Long Island Rail Road Company |
The plaintiff, Vito Tufariello, was until his retirement in 2003, employed by the Long Island Rail Road Company (the "LIRR") as a mechanic in one of its rail yards. Locomotives would sound their horns whenever they entered or exited the railroad station adjacent to this yard. In 1998 and 1999, the LIRR introduced new locomotives into service. In June and July 1999, it modified the n... More... $0 (09-27-2006 - NY) |
Terry L. Williams v. CSX |
Terry L. Williams sued CSX transportation corporation on a negligence theory claiming that he suffered permanent brain damage as a direct result fo being exposed to cleaning solvent at work in Louisville and Corbin, Kentucky. He claimed that he was but one of hundreds of the L&N railroad company, now owned by CSX, who were regularly exposed to the solvent which was know to cause bri... More... $1800000 (09-15-2006 - KY) |
Natalie Coots v. City of Selma and Union Pacific Railroad |
Natalie Coots sued the City of Selma, California and the Union Pacific Railroad for the wrongful death of her husband who was killed in a railroad crossing accident. She claimed that defendants failed to provide proper gates for the crossing. Defendants claimed that Marion "Junior" Coots contributed to his own death by failing to exercise due care in the operation of his truck i... More... $1000000 (08-30-2006 - CA) |
David W. Goldman and Emile E. Goldman v. RBC, Inc. |
RBC, Inc. (Petitioner) challenges the Court of Appeals' decision affirming the circuit court judge's ruling quieting title to a strip of land containing an abandoned railway in David W. Goldman and Emilie E. Goldman (the Goldmans). We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1846, the General Assembly, anxious to encourage the building of railroads, granted a liberal charter by... More... $0 (08-08-2006 - SC) |
Rhonda Allen Nichols v. Pray, Walker, Jackson, Williamson & Marler |
¶1 Rhonda Nichols worked as a file clerk for Pray, Walker, Jackman, Willliamson & Marler for twenty-three years before she was let go for economic reasons. Nichols claimed that when she subsequently looked for employment and potential employers would call to verify her past employment, that Pray, Walker did not accept or return the calls, or advised potential employers that nothing would be said.... More... $0 (06-02-2006 - OK) |
Michael E. Wallach v. Allstate Insurance Company |
Defendant appeals from a judgment for plaintiff after a jury trial on plaintiff's claim for breach of an insurance contract. Plaintiff cross-appeals, arguing that the trial court erred in determining the amount of attorney fees it awarded him. We conclude that the trial court did not err in granting plaintiff's motion for partial summary judgment on the issue of defendant's liability to plainti... More... $0 (05-31-2006 - OR) |
Thomas Metcalf, a minor, etc., v County of San Joaquin |
This case was brought under the Tort Claims Act (Gov. Code,1 § 810 et seq.) for injuries suffered by plaintiff Thomas Metcalf in an automobile collision that took place in an intersection controlled by defendant County of San Joaquin (the County). We hold that to establish liability of a public entity for injury caused by a dangerous condition of its property, a plaintiff must prove t... More... $0 (05-27-2006 - CA) |
Tom Lundeen v. Canadian Pacific Railroad |
Canadian Pacific Railway Company (CP Rail) appeals the district court's orders allowing the Lundeens to amend their complaint and remanding the case to state court. We reverse and remand. I. This action was originally filed by the Lundeens against CP Rail in Minnesota state court. They sued for personal injuries and property damages suffered as a result of a CP Rail freight trai... More... $0 (05-17-2006 - MN) |
Board of County Commissioners of Muskogee County v. Lowery |
¶1 The issues in the present cause are as follows: (1) whether the County's exercise of eminent domain in the instant cases is for public use in accordance with Article 2, § 23 and Article 2, § 24 of the Oklahoma Constitution and (2) whether the County's taking for purposes of economic development of Muskogee County constitutes "public purposes" within the meaning of 27 O.S. 2001 § 5 to sup... More... $0 (05-09-2006 - OK) |
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