Joe Whatley, Trustee of the wrongful death claimants' trust (WD Trust),appeals the district court's order finding that his claim under the CarmackAmendment, 49 U.S.C. § 11706, against Canadian Pacific Railway was untimely. Wereverse and remand for further proceedings.
I.BACKGROUND
On June 29, 2013, a train carrying crude oil left New Town, North Dakota,destined for an oil refinery near Sai... More...   $0 (09-18-2018 - ND)

Plaintiff Harley Davidson and its subsidiaries (Harley-Davidson) form a multistate
enterprise with numerous functionally integrated subsidiary corporations. It contends
that defendant California Franchise Tax Board's (Board) tax scheme violates the
commerce clause of the federal Constitution (U.S. Const., art. I, § 8, cl. 3), claiming that
it burdens interstate enterprises by provi... More...   $0 (09-18-2018 - CA)

The issue on appeal concerns the scope of the doctrine of forfeiture by wrongdoing. In Commonwealth v. Edwards, 444 Mass. 526, 540 (2005), we held that a defendant forfeits the right to object to the admission in evidence of an unavailable witness's out-of-court statements on both confrontation and hearsay grounds if the Commonwealth proves by 2 a preponderance of the evidence that "(1) the ... More...   $0 (09-16-2018 - MA)

Jane Doe's insurer, Harvard
Pilgrim Health Care ("HPHC"), deemed part of the time Doe spent at
a mental health residential treatment facility not medically
necessary under the health care benefits plan established by the
employer of Doe's parent. HPHC therefore denied coverage for that
portion of the treatment. After several unsuccessful
administrative appeals, Doe sued HPH... More...   $0 (09-13-2018 - MA)

This appeal challenges the trial court’s denial of a special motion to strike
pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute,1 directed at a
cross-complaint asserting causes of action arising from a civil enforcement action
brought by Feather River Air Quality Management District against Harmun Takhar for
multiple violations of state and local air pollut... More...   $0 (09-13-2018 - CA)

Concord, NH - Manchester Man Sentenced to 14 Years in Prison for Illegal Possession of Firearms

Daniel Sullivan, 35, of Manchester, was sentenced to 168 months (14 years) in federal prison for the illegal possession of firearms.

According to court documents and statements made in court, in 2015 and 2016, Sullivan purchased and traded several firearms in New Hamps... More...   $0 (09-12-2018 - NH)

The City of Pensacola, Florida appeals a district court decision ordering it to remove a 34-foot Latin cross from a public park on the ground that the City’s maintenance of the cross violates the First Amendment’s Establishment Clause. Having concluded that we are bound by existing Circuit precedent, we find ourselves constrained to affirm.
I
The pertinent facts are undisputed. In 1941, th... More...   $0 (09-12-2018 - FL)

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mother and ... More...   $0 (09-09-2018 - DE)

The morning of trial, the court considered the State’s request to allow the victim—Knight’s daughter—to testify through a closed-circuit television system pursuant to section 92.54, Florida Statutes. The State began by explaining how the process would work: At trial, the child would testify from the State Attorney’s office, located upstairs in the courthouse. The prosecutor, defense counsel, and t... More...   $0 (09-09-2018 - FL)

The morning of trial, the court considered the State’s request to allow the victim—Knight’s daughter—to testify through a closed-circuit television system pursuant to section 92.54, Florida Statutes. The State began by explaining how the process would work: At trial, the child would testify from the State Attorney’s office, located upstairs in the courthouse. The prosecutor, defense counsel, and t... More...   $0 (09-07-2018 - FL)

On April 30, 2015, Appellant was indicted on one count of aggravated robbery, R.C. 2911.01(A)(3)(C), felony of the first degree, and one count of robbery, R.C. 2911.02(A)(2)(B), felony of the second degree. Both counts contained firearm specifications. Appellant entered not guilty pleas to both counts. {¶3} Jury trial commenced on May 9, 2016. The jury began deliberations at 10:20 a.m. on May 12,... More...   $0 (09-06-2018 - OH)

Heiney is an orthopedic surgeon who ran his own medical practice, called Cutting Edge Orthopedics. He operated two offices, one in Sylvania, Ohio, and the other in Lambertville, Michigan. In this case, Heiney is alleged to have touched two female patients inappropriately while examining them at his Sylvania office in early 2015. The patients, referred to as “M.S.” and “K.O.,” offered the fo... More...   $0 (09-06-2018 - OH)

A defendant charged with a misdemeanor has a right under Penal
Code1 section 1382 to be brought to trial within 45 days after
arraignment if the defendant is not in custody at that time.2 (§ 1382,
subd. (a)(3).) If, however, the defendant requests or consents to the
setting of a trial date after that 45-day period, the defendant must be
brought to trial “on the date set for tri... More...   $0 (09-06-2018 - )

Another panel of this court granted Robert F. Dwerlkotte, Jr., relief under State v. Dickey, 301 Kan. 1018, 350 P.3d 1054 (2015) (Dickey I), and State v. Dickey, 305 Kan. 217, 380 P.3d 230 (2018) (Dickey II), and remanded the case for resentencing using the proper criminal history score. At resentencing, the district court modified the sequencing of Dwerlkotte's sentences, not only for his challen... More...   $0 (09-05-2018 - KS)

A jury convicted Jason Christopher Perez of 11 crimes, including 3 counts of attempted first-degree murder. Perez appeals those convictions, raising four arguments on appeal. First, he argues that two of his three counts of attempted firstdegree murder are multiplicitous in violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Second, he argues that his ... More...   $0 (09-05-2018 - KS)

Whitesell is in the business of manufacturing and distributing engineered,
specialty, and standard components and parts used in various industries,
including in the assembly and manufacture of automobiles.2 Autoform is in the
business of manufacturing components used in the assembly and manufacture
of automobiles. Autoform uses injector cups supplied by Whitesell to produce <... More...   $0 (09-03-2018 - IN)

On March 7, 2017, pursuant to an agreement with the State, Barnhart pleaded guilty to possession of less than one gram of methamphetamine, a state-jail felony offense. See TEX. HEALTH & SAFETY CODE ANN. § 481.115(b) (West, Westlaw through 2017 1st C.S.). The range of punishment for a state-jail felony is not more than two years or less than 180 days and a fine of not more than $10,000. TEX.... More...   $0 (09-03-2018 - TX)

This is the second appeal in this case. The first appeal was filed by Alvear after the trial court denied his first motion to quash information, motion to dismiss, and application for writ of habeas corpus. The underlying facts are set out in our previous opinion: Appellant Mark Alvear was charged by information with driving while intoxicated. The information, filed on August 13, 2012, all... More...   $0 (09-02-2018 - TX)

Wendy Younger purchased the lot at issue in the Montana Vista area in 1997. She purchased the property as part of an agreement between the Paso View Christian Association and the Montana Vista Volunteer Fire Department. Due to a rash of fires and resulting property loss in the area, the Association donated two lots on Kyle Road to the Fire Department in exchange for the department building a... More...   $0 (09-02-2018 - TX)

Appellant’s brief was originally due July 11, 2018. On July 20, 2018, this Court sent a notice to appellant informing him that his brief was overdue and that a failure to file a satisfactory response by July 30, 2018, would result in the referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of Appellate Procedure. The appeal is abated and remanded to t... More...   $0 (09-01-2018 - TX)

Charlene Richard, formerly a
kindergarten teacher at Waterboro Elementary School, sued Regional
School Unit 57 ("RSU 57"), claiming that by retaliating against
her for her advocacy on behalf of students with disabilities, it
violated the Americans With Disabilities Act, Rehabilitation Act,
Maine Human Rights Act, and Maine Whistleblower Protection Act.
After a five-day benc... More...   $0 (09-01-2018 - ME)

K. Rajan is a pharmacist at the BZ Pharmacy in Harris County, Texas. While he was alone in the pharmacy, three men entered the store, and one of the men pointed a firearm at him as they robbed the pharmacy of money, mediations, and various items from the pharmacy safe. Fingerprints recovered during the police investigation were linked to Allen, who was later convicted of aggravated robbery wi... More...   $0 (08-31-2018 - TX)

Deputy Mike Nguyen, an accident investigator with the Harris County
Sheriff’s Office (“HCSO”), testified that in the afternoon of February 23, 2014, he
was dispatched to an automobile/motorcycle collision on Franz Road in Katy,
Texas. When he arrived, he saw a motorcycle and Frank Rodriguez, the
“complainant,” who was deceased, lying on the pavement in the eastbound lane. More...   $0 (08-31-2018 - TX)

A bench trial was held on two charges filed against Stanton of aggravated criminal sodomy, one with L.B. as the victim and one with T.J. as the victim.

Prior to trial, the State sought permission to introduce evidence pursuant to K.S.A. 2015 Supp. 60-455(d) ("evidence of the defendant's commission of another act or offense of sexual misconduct is admissible, and may be considered for it... More...   $0 (08-31-2018 - KS)

Law enforcement officers executed a search warrant for a residence shared by Finneman and her roommate and seized illegal drugs, drug paraphernalia and cash in their residence. The State separately charged Finneman and her roommate with: (1) possession of more than 500 grams of marijuana with intent to deliver; (2) possession of THC oil; (3) possession of hashish; and (4) two counts of possession... More...   $0 (08-30-2018 - ND)