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Railroad Law
 
United States of America v. Melvin David Towns, Jr.

Melvin Towns (“Towns”) challenges his conviction and sentence for conspiracy to manufacture methamphetamine and conspiracy to possess and distribute pseudoephedrine in violation of 21 U.S.C. § 846. He argues primarily that some of the evidence against him—pseudoephedrine purchase logs—was introduced in violation of the business records exception to the hearsay rule and the Sixth Amendment... More...   $0 (05-01-2013 - TX)

DCP Southern Hills Pipeline, LLC v. Liberty Run Pet Resort, LLC

DCP Southern Hills Pipeline, LLC sued Liberty Run Pet Resort, LLC on an eminent domain theory claiming:

1. Plaintiff is a Delaware limited liability company, duly registered with the Oklahoma Secretary of State and authorized to do business in the State of Oklahoma.

2. Plaintiff is engaged in business as a pipeline company.

3. Plaintiff filed an acceptance with the Oklahoma Co... More...
   $0 (04-30-2013 - OK)

ONEOK Sterling III Pipeline, LLC v. Blue Ribbon Construction, LLC

1. Plaintiff is an Oklahoma limited liability company and is authorized to conduct business in the State of Oklahoma. Plaintiff is engaged in business as a pipeliae company. By virtue of the public nature of its business, and the Constitution and statutes of the State of Oklahoma, specifically OKLA. STAT. tit. 52 § 1 et seq., Plaintiff is authorized to exercise the right of eminent domain in furt... More...   $0 (04-18-2013 - PK)

Fain Family First Limited Partnership v. EOG Resources, Inc.

In five issues, Appellants Fain Family First Limited Partnership and Fain Family Management Corporation (collectively, FFFLP) appeal the trial court‘s

__________________

1See Tex. R. App. P. 47.4.

2

summary judgment for Appellee EOG Resources, Inc. We affirm in part and reverse and remand in part.

II. Background

In 2004, FFFLP and EOG entered into a ―p... More...
   $0 (04-18-2013 - TX)

Tarla Makaeff v. Trump University, LLC

No one would deny that Donald Trump, the real estate magnate, television personality, author, and erstwhile presidential candidate, cuts a celebrated, if controversial, public figure. We must decide whether Trump University, LLC, a private, for-profit entity purporting to teach Trump’s “insider success secrets,” is itself a public or limited public figure so as to implicate the First Amendme... More...   $0 (04-18-2013 - CA)

Katherine Lees v. Carthage College

Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against

2 No. 11-3061

the college and its insurer, Lexington Insurance Company (collectively, “Ca... More...
   $0 (04-16-2013 - WI)

The People v. Valentin Carbajal

Defendant was charged with sexually molesting two victims. A jury convicted defendant of some counts involving one victim while deadlocking on all counts involving the other victim. Nevertheless, the jury returned a true finding on a ―One Strike‖ allegation that defendant had committed offenses against multiple victims. (Pen. Code, § 667.61, subds. (b), (e)(4); all further statutory reference... More...   $0 (04-08-2013 - CA)

State of Oklahoma v. Jennifer Lyn Adams

The State of Oklahoma charged Jennifer Lyn Adams, age 37, with second degree municipal arrest DUI in violation of 47 O.S. 11-902; unlawful possession of controlled drug in violation of 63 O.S. 2-402; transporting open container of liquor in violation of 37 O.S. 537; and driving left of center in violation of 47 O.S. 11-306.

Defendant was previously convicted to manslaughter in conjunction w... More...
   $0 (04-08-2013 - OK)

DCP Southern Hills Pipeline, LLC v. The Unknown Heirs, Successors and Assigned of E.Y. Freeman, deceased

DCP Southern Hills Pipeline, LLC sued The Unknown Heirs, Successors and Assigned of E.Y. Freeman, deceased and others on eminent domain theories claiming:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
The Unknown Heirs, Successors and Assigns of E.Y. Freeman, Deceased; Gulf Energy
Gathering and Processing Corporation, Successor to Bucke... More...
   $0 (04-05-2013 - OK)

DCP Southern Hills Pipeline, LLC v. Leonard E. Wallace

DCP Southern Hills Pipeline, LLC sued Leonard E. Wallace and others on eminent domain theories claiming:

Plaintiff DCP Southern Hills Pipeline, LLC, for its cause of action against the Defendants
Leonard E. Wallace, Margery L. Wallace, Anna Wallace, United-But Homes, L.L.C., Sohio
Petroleum Company a/Ida Standard Oil Production Company, County Treasurer of Logan
County and Boa... More...
   $11349 (04-05-2013 - OK)

Soma Mandal, M.D. v. Port of Authority of New York and New Jersey

Defendant Port Authority of New York and New Jersey and defendant Modern Facilities Services, Inc., appeal from a judgment based on a jury verdict in favor of plaintiff Soma Mandal, M.D., for injuries suffered as a result of her fall at Pavonia Station in Jersey City on March 18, 2007. Because, among other things, the trial judge erroneously instructed the jury that the Port Authority was burdened... More...   $0 (04-04-2013 - NJ)

Dennis Hartman v. CSX Transportation

Dennis Hartman sued CSX Transportation on a FELA negligence theory claiming that he twisted his knee while working at the railroad's Rose Lake Yard in East St. Louis. Plaintiff accused CSX of conspiracy and of leaving safety hazards in its railroad yard with the result that Hartman was injured on the job.

... More...
   $0 (04-01-2013 - IL)

Robert Sher v. Brisam Tulsa, LLC

Robert Sher sued Brisam Tulsa, LLC, Hilton Tulsa Southern Hills, Hilton Worldwide, Inc., Hilton, Inc., HLT Existing Franchise Holding, LLC, Zurich American Insurance Company, MCSAM Hotel Group, LLC, Parkard Companies, Packard Hospitality Group, LLC and Joshua Evans on negligence theories claiming;

1. That Plaintiff, Robert Sher, hereinafter referred to as “Plaintiff’, was a resident o... More...
   $0 (03-21-2013 - OK)

The People v. Michael Nevail Pearson

A jury convicted defendant Michael Nevail Pearson of the first degree murders of Ruth Lorraine Talley and Barbara Garcia with personal use of a firearm and found true the multiple-murder special-circumstance allegation. (Pen. Code, §§ 187, 190.2, subd.(a)(3), former § 12022.5, subd. (a).)1 After a penalty trial, the jury returned a verdict of death. The court denied the automatic motion to modi... More...   $0 (03-21-2013 - CA)

Lisa Learmonth v. Sears, Roebuck and Co.

A federal jury found Sears, Roebuck and Co. liable for causing Lisa
Learmonth’s injuries in an automobile accident. In a general verdict, the jury
awarded her $4 million in compensatory damages. On Sears’ motion, the district
court interpreted the award to include $2.2 million in noneconomic damages,
then reduced this portion of the award to $1 million pursuant to Mississippiâ€... More...
   $0 (03-20-2013 - MS)

State of Oklahoma v. Daniel Lee Watashe

The State of Oklahoma charged Daniel Lee Watashe second degree burglary in violation of 21 O.S. 1435 and unlawful possession of controlled drug in violation of 63 O.S. 2-402.

Title 21 O.S. Section 1435 provides:

Every person who breaks and enters any building or any part of any building, room, booth, tent, railroad car, automobile, truck, trailer, vessel or other structure or ere... More...
   $0 (02-28-2013 - OK)

Robert "Bob" Sayers v. Chouteau County

¶1 Robert “Bob” Sayers (Sayers) appeals an order of the Twelfth Judicial District Court, Chouteau County, that granted summary judgment to Chouteau County (County) on Sayers’s claim seeking declaratory relief regarding whether the entire length of Lippard Road constituted a public roadway. We affirm.

¶2 We address the following issues on appeal:

¶3 Whether the District Court... More...
   $0 (02-27-2013 - MT)

Lisa Learmonth v. Sears, Roebuck and Co.

A federal jury found Sears, Roebuck and Co. liable for causing Lisa Learmonth’s injuries in an automobile accident. In a general verdict, the jury awarded her $4 million in compensatory damages. On Sears’ motion, the district court interpreted the award to include $2.2 million in noneconomic damages, then reduced this portion of the award to $1 million pursuant to Mississippi’s statutory cap... More...   $0 (02-27-2013 - MS)

Don Currie v. Union Pacific Railroad

Don Currie, age 48, sued the Union Pacific Railroad on a Federal Employees Liability Act (FELA) negligence theory claiming that he suffered permanent injuries to his lower back while working for the Railroad as a track welder. Plaintiff claimed to have begun having back problems in the early 2000s, and an MRI in 2007 showed the Villa Grove man had a herniated disc. He claimed that his work repeate... More...   $1050000 (02-26-2013 - IL)

Northeastern Rural Electric Membership v. Wasbash Valley Power Association, Inc.

This appeal tests the boundaries of federal-question subject matter jurisdiction. The issue is whether a claim for breach of a longterm requirements contract for wholesale electricity arises under federal law or state law. We conclude that the claim arises under state law, that the district court therefore lacked jurisdiction to enter its preliminary injunction, and that the case should be remande... More...   $0 (02-22-2013 - IN)

Catherine O. Duncan v. Mill Management Company of Greenwicch, Inc.

This appeal arises from a negligence action brought by the plaintiff, Catherine O. Duncan, against the defendants, Mill Management Company of Greenwich, Inc. (management company), and the Greenwich Chateau Condominium Association (condo- minium association), after the plaintiff fell and was injured when stepping down from the roof deck of the Greenwich Chateau Condominiums (condominium building), ... More...   $0 (02-21-2013 - CT)

Anthony Araujo v. New Jersey Transit Rail Operations, Inc.

Anthony Araujo filed a complaint in the United States District Court for the District of New Jersey alleging that he was disciplined by New Jersey Transit Rail Operations, Inc. (“NJT”) in retaliation for his participation in an activity protected by the Federal Rail Safety Act, 49 U.S.C. § 20109 (“FRSA”). Specifically, Araujo reported an emotional injury after he witnessed a fatal acciden... More...   $0 (02-19-2013 - NJ)

Robert Dannels v. BNSF Railway Co.

Robert Dannels sued BNSF on a negligence FELA theory claiming that he suffered a debilitating neck injury while working for the Defendant as a direct result of working conditions at his place of employment.

Robert Dannels claimed he suffered a spinal injury was a result of being assigned work that caused trauma over the course of his career, which ended when the skid steer he was driving... More...
   $1700000 (02-16-2013 - MT)

Luz Chevez v. Kansas City Southern Railway Company

This is an appeal from a final judgment in a wrongful death action. The appellant, Luz Chavez, argues the trial court erred in enforcing a settlement agreement and in rendering judgment based on the settlement agreement. We reverse and remand to the trial court for further proceedings consistent with this opinion.

BACKGROUND

Chavez’s husband and son died when a motor vehicle and a ... More...
   $0 (02-15-2013 - TX)

Daniel Bosh v. Cherokee County Building Authority

¶1 The United States District Court for the Eastern District of Oklahoma certified four questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§1601-1611, seeking clarification concerning the remedies available to a plaintiff who brings an excessive force lawsuit pursuant to the Okla. Const. art. 2, §30.4 We have reformulated the questions into... More...   $0 (02-12-2013 - OK)

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