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Railroad Law
 
Joe R. Whatley v. Canadian Pacific Railway Company District of North Dakota Federal Courthouse - Bismarck, North Dakota Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

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)

Gregory Aregood, Jr. v. Givaudan Flavors Corporation Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

More than twenty current and former
employees at the ConAgra microwave popcorn plant in
Rensselaer, Indiana sued various manufacturers and suppliers
of butter flavorings that contained the chemical diacetyl,
which if inhaled can cause a respiratory disease called “popcorn
lung.” All defendants were dismissed except Givaudan
Flavors Corporation (“Givaudan”), a long‐tim... More...
   $0 (09-17-2018 - IN)

ST. BERNARD PORT, HARBOR & TERMINAL DISTRICT Vs. VIOLET DOCK PORT, INC., LLC

This matter was remanded from the Louisiana Supreme Court for the
determination of just compensation for the Violet Dock Port’s expropriated
property.1 Over several years, St. Bernard Port (“the Port”) negotiated with Violet
Dock Port (“VDP”) for the purchase of its property along the Mississippi River
(“the Property”). After negotiations failed, the Port instituted expropria... More...
   $0 (09-14-2018 - LA)

THOMAS TUBBS, et al. v. BNSF RAILWAY COMPANY, INC

The Tubbses own and operate a farm in a floodplain near the Missouri River in Holt
County, Missouri. The farm is located just southeast of Big Lake and about three-and-a-half
miles east of the Missouri River. BNSF, an interstate freight railroad, owns and operates a track
that runs east to west across the floodplain and bisects the Tubbses’ farm. The track sits atop an
earth... More...
   $0 (09-05-2018 - MO)

Christopher Wernert v. City of Dublin

The City hired Wernert as a police officer in 2010. He suffered a serious knee injury on the job in February 2011 when he slipped and fell on an icy street while directing traffic. Wernert’s treating physician determined that he suffered permanent impairment as a result of the injury. Wernert contends that his injury is continuing in nature and that it substantially limits his ability to run, j... More...   $0 (09-02-2018 - TX)

Joseph Glenn Beaty v. The State of Texas

D.A. testified that growing up she had no parental supervision and became addicted to PCP
when she was fourteen years old. She started working in prostitution at that same age. In July,
2009, she lived in the Fair Park area, a known prostitution area. Much of her life involved getting
high and working as a prostitute. On July 3, 2009 she was walking down Martin Luther King
... More...
   $0 (09-01-2018 - TX)

Jena McClellan v. Midwest Machining, Inc. Western District of Michigan Federal Courthouse - Grand Rapids, Michigan Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Plaintiff Jena McClellan brought suit against her former employer to enforce her rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k), and the Equal Pay Act, 29 U.S.C. § 206(d). The district court granted summary judgment for Defendant on the grounds that Plaintiff’s federal claims were barred by the... More...   $0 (08-25-2018 - MI)

Larry D. Lincoln; Brad C. Mosbrucker v. BNSF Raiway Company District of Kansas Federal Courthouse - Topeka, Kansas

Several years after a tank car spill accident, Larry D. Lincoln and Brad C.
Mosbrucker (collectively “Appellants”) advised BNSF Railway Company (“BNSF”)
that medical conditions attributable to the accident rendered them partially,
permanently disabled and prevented them from working outdoors. Upon learning of
Appellants’ alleged medical conditions, BNSF removed Appellants from serv... More...
   $0 (08-20-2018 - KS)

LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Caleb Bixler v. State of Indiana

In August of 2015, Bixler, Keith Cornwell (Cornwell), Ricky Ogden (Ogden), John Murphy (Murphy), and Ron Trahan (Trahan) were all residing in a two story house located on the east side of Indianapolis, Indiana. Trahan occupied the downstairs bedroom. One of the two upstairs bedrooms was shared by Ogden and Murphy, while Cornwell and Bixler shared the other. Cornwell did not get along with T... More...   $0 (08-12-2018 - IN)

State of Tennessee v. James Douglas Hamm, Jr.

In November 2014, the Sullivan County Grand Jury charged the defendant with vehicular homicide by intoxication, leaving the scene of an accident involving death, two counts of reckless endangerment, failure to exercise due care, and running a red light; the defendant was also charged with alternative counts of driving under the influence: driving under the influence of an intoxicant, driving with ... More...   $0 (08-01-2018 - TN)

State of Tennessee v. Santory Alexander Johnson

This case arose after the shooting death of the victim, Christopher Jones, on October 4, 2013. On February 19, 2014, the Hamilton County grand jury charged the Defendant with one count of first degree murder and one count of possession of a firearm with a violent felony conviction. See Tenn. Code Ann. §§ 39-13-202; -17-1307. The firearm charge was later dismissed, and the Defendant proceeded to... More...   $0 (08-01-2018 - TN)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

In November 2015, Garrett pled no contest to possession of methamphetamine and possession with intent to distribute a controlled substance. He was found guilty of both felony offenses. The presentence investigation report calculated Garrett's criminal history score as B, based in part on his 2009 California conviction for first-degree burglary.

At sentencing, Garrett objected to the cla... More...
   $0 (07-28-2018 - KS)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Cedric Levone James v. The State of Texas

In a jury trial, Cedric Levone James was convicted for evading arrest or detention with a
motor vehicle. After James pled true to the State’s enhancement allegation, he was sentenced to
fifteen years’ imprisonment. On appeal, James argues that the trial court erred in admitting
evidence during the guilt/innocence phase of his trial that he was a registered sex offender who
had... More...
   $0 (07-24-2018 - TX)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

National Institute of Family and Life Advocates, d/b/a NIFLA, et al. v. Becerra Attorney General of California, et al. United States Supreme Court Building - Washington, D.C.

Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) requires clinics that primarily serve pregnant women toprovide certain notices. Cal. Health & Safety Code Ann. §123470 et seq. (West 2018). Licensed clinics must notify women that California provides free or low-cost services, including abortions, and give them a phone number to call.Unlicensed clinics must notify women t... More...   $0 (06-26-2018 - DC)

Daryl Sutula-Johnson v. Office Depot, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Daryl Sutula‐Johnson
sued her former employer, alleging that its changes to her
compensation for selling office furniture breached its contract
with her and violated the Illinois Wage Payment and Collection
Act. The district court granted summary judgment for the
employer. We affirm summary judgment for the employer on
2 No. 17‐1855
the claims for ... More...
   $0 (06-25-2018 - IL)

Jasson H. Cabrera and Eni Cabrera v. National Railroad Passenger Corporation (AMTRAK) Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Trenton, NJ - Jasson H. Cabrera and Eni Cabrera sued the National Railroad Passenger Corporation (AMTRAK) on personal injury auto negligence theories.... More...   $0 (06-21-2018 - NJ)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

CLIFTON STEEL COMPANY vs. TRINITY EQUIPMENT COMPANY

Clifton is a steel manufacturer whose products include wear parts for the railroad
industry. Railroad wear parts are replaced on a consistent basis “to protect wear within the
[railroad] car itself.” Trinity sells railroad parts and has acted as Clifton’s sales agent since
1986. No written contract between the companies existed until May 4, 2012, when the parties
e... More...
   $0 (06-09-2018 - OH)

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