Katherine A. Ellis, et al. v. AAR PARTS TRADING INC., f/k/a AAR Aircraft & Engine Group, Inc., and FLEET BUSINESS CREDIT, LLC, etc. |
These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April 19, 2000, in the Philippines. The defendants, AAR Parts Trading, Inc. (hereinafter AAR), a parts company, and Fleet Business Credit, LLC (hereinafter Fleet), a financing company, filed motions to dismiss predicated... More... $0 (05-20-2005 - IL) |
United Airlines, Inc., and The Official Committee of Unsecured Creditors v. U.S. Bank N.A. and The Bank of New York, etc. |
When United Airlines entered bankruptcy in 2002, it operated about 460 airplanes. Some 175 of these had been acquired via financing leases subject to 11 U.S.C. §1110, which provides that to retain leased planes a debtor must pay the whole rent. The statute contains an exception for consensual workouts, see §1110(b), and United's lessors initially agreed to accept less than the contractua... More... $0 (05-17-2005 - IL) |
Natacha Chandler, et al. v. Multidata Systems International Corp., Inc., et al. |
Natacha Chandler, along with a number of persons exposed to excess radiation and survivors of persons who died as a result of excess radiation, almost all of whom are Panamanian residents and citizens (collectively "Plaintiffs"), (FN1) appeal the judgment of the trial court dismissing their claims against Multidata Systems International Corp., Inc. ("Multidata"), and Theratronics Internationa... More... $0 (05-14-2005 - MO) |
Donald Keller, et al. v. Tugba Koca, etc. |
Donald Keller appeals the court of appeals'decision that he was negligent in the supervision of his employee, Firat Uzan. Koca v. Keller, 97 P.3d 346 (Colo. App. 2004). Uzan, acting without Keller's authorization, brought the plaintiff, a twelve yearold girl, to Keller's dry cleaning business early on a Sunday morning when it was closed for business, locked her in the office and sexually assa... More... $0 (04-28-2005 - CO) |
Edward West v. Ortho-McNeil Pharmaceutical Corporation |
In 1997, just a month before his 60th birthday, Edward West, an African-American male, was hired by a company called Innovex. Innovex provided pharmaceutical companies, like the defendant Ortho-McNeil Pharmaceutical Corporation (OMPC), with contract sales representatives. Two years later, in 1999, OMPC hired West (and 10 other Innovex employees) as a direct sales representative of the co... More... $0 (04-22-2005 - IL) |
Douglas McKown v. Burlington Northern Santa Fe Railroad |
Douglas McKown sued Burlington Northern Santa Fe Railroad on a Federal Employers' Liability Act (FELA) claim for injuries he sustained as a result of a collision between two coal trains in the Powder River Basin in 2002. On May 11, 2002, 49 year-old Plaintiff Douglas P. McKown, a BNSF Locomotive Engineer, and his conductor departed the North Rochelle coal mine in southern Wyoming wi... More... $1000000 (03-11-2005 - MT) |
Marshall v. Burger King Corp. |
Plaintiff, Detroy Marshall, Jr., as personal representative and administrator of the estate of Detroy Marshall III (decedent), brought a negligence action against Burger King Corp., Davekiz, Inc., Pamela H. Fritz (Fritz), and other parties. The basis of the suit was an incident where a car driven by Fritz crashed through the wall of a Burger King restaurant franchised to Davekiz and struck de... More... $0 (03-10-2005 - IL) |
WILLIAM FRANK WARD v. CONSOLIDATED RAIL CORPORATION |
The issue before us concerns the consequence, if any, of defendant's inability to produce an allegedly defective locomotive handbrake at trial. In this case, the trial court instructed the jury that because defendant disposed of the handbrake, it was presumed to be defective and the jury could infer that the missing evidence was unfavorable to defendant. This instruction was given des... More... $0 (03-10-2005 - MI) |
Janet G. Howard v. The Garage Door Group, Inc. |
This case is an appeal from a summary judgment in an employment discrimination case. See Memorandum and Order, Howard v. Garage Door Group, Inc. 197 F. Supp. 2d 1297 (D. Kan. 2002). For the reasons detailed below, we conclude that the Plaintiff failed to establish a prima facie case of a violation of either the Age Discrimination in Employment Act, ("ADEA") 29 U.S.C. §§ 621 et seq., or the Fa... More... $0 (03-03-2005 - KS) |
Recording Industry Association v. Charter |
This case concerns whether the Digital Millennium Copyright Act (DMCA), specifically 17 U.S.C. § 512(h), permits copyright owners and their representatives to obtain and serve subpoenas on internet service providers (ISPs) to obtain personal information about an ISP's subscribers who are alleged to be transmitting copyrighted works via the internet using so-called "peer to peer" or "P2P" ... More... $0 (01-04-2005 - MO) |
Jennifer Gallivan v. AT&T Corporation |
The issue presented is whether the federal filed rate doctrine should apply to a telephone charge that is included in a tariff voluntarily filed with the Federal Communications Commission (FCC). We find that it does and that the charge is therefore not subject to a claim for damages. The trial court's judgment of dismissal after sustaining a demurrer without leave to amend is affirmed. ... More... $0 (12-17-2004 - CA) |
Nancy E. Herbert v. Healthcare Services Group, Inc. |
Nancy Harbert ("Plaintiff") brought this action against her former employer, Healthcare Services Group, Inc. ("Defendant"), alleging that Defendant wrongfully denied her request for medical leave under the Family and Medical Leave Act ("FMLA"). Defendant had denied her request based on a provision of the FMLA which excludes from FMLA eligibility any employee who is employed at a particular "w... More... $0 (12-16-2004 - CO) |
Gene Richards, et al. v. Burlington Northern and Santa Fe Railway Co. and Bricker, Zakovics, Querin |
Two thousand seven hunder former Burlington Northern and Santa Fe Railroad Company employees claimed that the railroad conspired with Bricker Zakovics Querin Thompson & Ritchery PC in an effort to limit the railroad's financial exposure to thousands of hearing loss claims. The plaintiffs claimed that there was an agreement to cap the damages at $65,000.... More... $1500000 (12-11-2004 - WA) |
Dorian Fox and The Investment Center, Inc. v. Frank and Maureen Tanner, et al. |
[1] Dorian Fox (Fox) and The Investment Center, Inc. (TIC) appeal the district court's denial of their motion to dismiss Frank and Maureen Tanner's (the Tanners) allegations contained within the complaint. 1 The district court concluded that 1) a court, rather than an arbitrator, should decide the threshold question of fraudulent inducement, and 2) the underlying contracts, which inc... More... $0 (12-08-2004 - WY) |
William S. Walker and Debbie Walker v. CSX, et al. |
William Walker sued Amtrak on a negligence theory after his Dodge Neon was hit by an Amtrak train traveling at an 80 mph. Mr. Walker claimed that the gates on the crossing were up and no lights were flashing when the attempted to cross the Amtrak tracks near U.S. Highway 20 and County Line Road in Porter County, Indiana. Walker sustained a collapsed lung, lacerated liver, pancreas and kidneys,... More... $550000 (11-19-2004 - IN) |
Weyerhaeuser Company v. Calloway Ross Inc. |
Property damage claim by Weyerhaeuser Company against Calloway Ross Inc., a Longview industrial contractor and pile-driving company, for damages sustained by the plaintiff as a result of a fire in 2001 that destroyed the plaintiff's historic railroad trestle in North Kelso, Washington. Weyerhaeuser sought $9 million in damages for the fire that it claimed Calloway negligently started with a cu... More... $6100000 (11-19-2004 - WA) |
Raymond W. Williams vs. CSX Transportation, Inc. |
Federal Employee's Liability Act (FELA) by Raymond Williams, age 60, against CSX Railroad for negligently exposing him to asbestos with the result that he developed mesothelioma, an invariably fatal form of lung cancer. Williams claimed that CSX was aware of the dangers of asbestos dust beginning in the 1930s and further was aware of precautions that could be taken to protect railroad workers... More... $7500000 (11-10-2004 - VA) |
Fidel and Francisca Velarde and Lilia Apulello v. Illinois Central and Chicago Central and Pacific Railroad |
Autobile railroad crossing collision accident claims by Fidel and Francisca Velarde and Lilia Apulello against the Illinois Central and Chicago Central and Pacific railroads for injuries they sustained in 2001. A cook county jury awarded the plaintiffs $55 million finding that the crossing's lights and gates were inoperable at the time of the accident. The plaintiffs suffered permanent brain ... More... $55000000 (11-09-2004 - IL) |
Exxon Mobile Corporation v. Valence Operating Company |
This is an appeal of an award of $834,299 in damages and $166,250 in attorney's fees to plaintiff/appellee, Valence Operating Company, for breach of contract by defendant/appellant, ExxonMobil Corporation, after a three-day bench trial. In six issues, ExxonMobil contends the trial court erred by (1) misconstruing the maintenance of interest provision of the parties' joint operating agreement; (... More... $834299 (10-29-2004 - TX) |
Blue Cross and Blue Shield of Nebraska v. Lemoyne E. Daily, et al. |
Blue Cross and Blue Shield of Nebraska, Inc. (Blue Cross), sued Lemoyne E. Dailey, who was insured by Blue Cross, and the Union Pacific Railroad Company (Union Pacific). Blue Cross sought reimbursement of medical payments it had made on behalf of Dailey due to the alleged negligence of Union Pacific. The Douglas County District Court sustained Blue Cross' motion for summary judgment and... More... $0 (10-27-2004 - NE) |
Lawrence Raimo v. Robert Fischer, et al. |
The issue presented by this appeal is whether a contractor's duty of care for the safety of persons who come on a construction site is governed by the common law doctrine of premises liability, under which the tort liability of a possessor of land is determined by the injured person's classification as a business invitee, licensee or trespasser, or by general negligence principles, under which ... More... $0 (10-27-2004 - NJ) |
Kathy Hatfield, Shirley Hatfield, the Estate of Howard Hatfield, and Gregg Hatfield v. Shawn Griffin and Heartland Regional Medical Center |
Kathy Hatfield, Shirley Hatfield, Gregg Hatfield, and the Estate of Howard Hatfield appeal the circuit court's judgment in this wrongful death action in which the jury returned a verdict for the defendants, Shawn Griffin and Heartland Regional Medical Center. The Hatfields allege that the circuit court erred in not granting a new trial because they established that one of the jurors did not dis... More... $0 (10-26-2004 - MO) |
Blue Cross and Blue Shield of Nebraska, Inc., appellee and cross-appellant, v. Lemoyne E. Dailey, appellant and cross-appellee, and Union Pacific Railroad Company, appellee and cross-appellee. |
Blue Cross and Blue Shield of Nebraska, Inc. (Blue Cross), sued Lemoyne E. Dailey, who was insured by Blue Cross, and the Union Pacific Railroad Company (Union Pacific). Blue Cross sought reimbursement of medical payments it had made on behalf of Dailey due to the alleged negligence of Union Pacific. The Douglas County District Court sustained Blue Cross' motion for summary judgment and o... More... $0 (10-22-2004 - NE) |
Burlington Northern and Santa Fe Railway Company v. Spin-Valv, a Division of Rogers Galvanizing; Grant Pipe & Supplier, et al. |
Burlington Northern and Santa Fe Railway Company claimed that defendants Spin-Galv, a division of Rogers Galvanizing Company, Grant Piple Supply and others negligently damaged property belonging to the plaintiff by causing the railroad's property to become contaminated with heavy metals associated with the defendants' business operations adjacent to the plaintiff's property. The defendants ... More... $0 (10-22-2004 - OK) |
Greg Munson d/b/a Greg Munson Trucking v. Tri-State Commodities, Inc. |
In this appeal, two creditors, Greg Munson, d/b/a Greg Munson Trucking (Munson), and the Burlington Northern and Santa Fe Railway Company (BNSF), that had judgments against Tri-State Commodities, Inc. (Tri-State), are competing for the same garnished funds. First, Munson successfully sued Tri-State and obtained a judgment against it. Later, Tri-State was sued by the BNSF and, in settling this l... More... $0 (10-20-2004 - KS) |
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