The panel opinion, 557 F.2d 1189, traces the complicated history of this litigation. 1 Before the Court on rehearing en banc is plaintiffs' contention and the panel's holding that Florida Rule of Criminal Procedure 3.130(b)(4), does not pass constitutional muster. The rule was adopted by the Supreme Court of Florida while the case was pending in this Court. Effective on July 1, 1977 it establis

This is an oil and gas “retained acreage” dispute concerning the amount of acreage, if any, reverting to the assignors upon the expiration of the primary term of an assignment of four oil and gas leases. Appellants, XOG Operating, LLC and Geronimo Holding Corporation (collectively “XOG”), brought this trespass to try title suit against
2
Appellees, Chesapeake Exploration Limited Partnershi

16 New York General Business Law § 518 (“Section 518”) provides that “[n]o
17 seller in any sales transaction may impose a surcharge on a holder who elects to use
18 a credit card in lieu of payment by cash, check, or similar means.” Plaintiffs‐
19 Appellees in this action (“Plaintiffs”) are five New York businesses and their owners
20 and managers.1 They sued the Attorney Ge

Seventeen-year-old Ryan Cole was a junior at Sachse High School.1 Ryan suffered from obsessive-compulsive disorder. The night before the shooting, he quarreled with his parents, and later took guns and ammunition from their gun safe. He visited his friend Eric Reed Jr. late that night. One of the cases before us comes from a denial of summary judgment, and one from a denial of a motion to dismiss.

Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t

Seventeen-year-old Ryan Cole was severely injured in an armed encounter with police. Ryan and his parents, Karen and Randy Cole (“the Coles”), brought suit against Officers Michael Hunter and Martin Cassidy, alleging that they violated Ryan’s Fourth Amendment right not to be subjected to excessive force. They also sued Officer Carl Carson, alleging Carson violated Ryan’s rights under the Fourth an

Macon, GA - Retired Railroad Worker Sentenced For Disability Fraud

David E. Hunnicutt, age 58, of Macon, Georgia was sentenced September 16, 2015 by the Honorable Marc T. Treadwell, United States District Judge, in Macon, Georgia. Mr. Hunnicutt was sentenced to 12 months and a day imprisonment, he was ordered to pay $273,060.52 in restitution to the Railroad Retirement Board (RRB), and he

Gregory Burley, an African-
American train engineer, claims that his employer, the
National Passenger Railroad Corporation (Amtrak),
discriminated against him because of his race in violation of
Title VII and the District of Columbia Human Rights Act.
After the engine Burley was driving passed a stop signal at
the rail yard and was forced off the rails by a safety derailer,

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused leave

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the
1 Although the fictitious insurance companies remain parties in this case, there is no indicat

Benzene was first discovered and isolated from coal tar in the 1800’s but, today, is derived mostly from petroleum. (U.S. Dept. of Health & Human Services, Toxicological Profile for Benzene (2007) [as of Sep. 1, 2015], p. 2 (Benzene Profile).) It is a colorless liquid with a sweet odor that is widely used in the United States in the manufacture of lu

Congress enacted the 4-R Act in part to “restore the financial stability of the railway system of the United States.” 45 U.S.C. § 801. In crafting this legislation, Congress observed that the railroads “‘are easy prey for State and local tax assessors’ in that they are ‘nonvoting, often nonresident, targets for local taxation,’ who cannot easily remove themselves from the locality.” W. Air Line

Congress enacted the 4-R Act in part to “restore the financial stability of the railway system of the United States.” 45 U.S.C. § 801. In crafting this legislation, Congress observed that the railroads “‘are easy prey for State and local tax assessors’ in that they are ‘nonvoting, often nonresident, targets for local taxation,’ who cannot easily remove themselves from the locality.” W. Air Line

Roanoke, VA - Roanoke Man Sentenced for Stealing Disability Benefits from Railroad Retirement Board

Christopher Mayo to Serve 14 Months in Federal Prison

The owner of Thelma’s Chicken and Waffles, a restaurant located in downtown Roanoke, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke for stealing disability benefits from

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro

Under Oklahoma law, a primary insurer owes its insured a duty to initiate
settlement negotiations with a third-party claimant if the insured’s liability to the
claimant is clear and the insured likely will be held liable for more than its insurance
will cover. Here the insured, SRM, Inc., seeks to extend this obligation to its excess
liability insurer, Great American Insurance Comp

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California (the Beverage Companies or de

Appellant, Kosoco, Inc., challenges the trial court’s order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (“Metro”). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera

The facts and procedural history underlying the ruling now before us were described in our previous opinion (Auffret v. Capitales Tours, S.A., (Apr. 24, 2013, H037551) [nonpub. opn.], (Auffret I)) and need be only briefly summarized here. The accident that led to this litigation occurred on April 28, 2009, on Highway 101 in Monterey County. While driving across a bridge the bus operator, John Eg

The SeaTac Committee for Good Jobs (Committee) is a coalition of
individuals, businesses, neighborhood associations, immigrant groups, civil rights
groups, faith organizations, and labor organizations. In June 2013, the Committee
circulated a petition to city of SeaTac voters that proposed a set of minimum
employment standards for certain hospitality and transportation employer

The State charged Cordell with one count of aggravated escape from custody in 2012. During plea negotiations, the district court granted his motion for a presentence
3
investigation report (PSI) determining his criminal history. But Cordell pled guilty before the PSI could be prepared.
Before Cordell's sentencing, the PSI was completed. Court services initially calculated his cr

This appeal challenges summary judgment for claimants establishing title to and use of real property by adverse possession and by prescriptive easement. Finding no genuine issue of material fact, we affirm the trial court.
In June 2011, the appellant/plaintiff Celebration Worship Center ("the church") filed a complaint for declaratory judgment, seeking to determine the boundary line be

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur

WILMINGTON – United States Attorney Thomas G. Walker announced today that JAMES RODREQUIAS PRESSLEY, 43, of Dunn, North Carolina, was sentenced to life imprisonment followed by 5 years of supervised release. PRESSLEY was convicted by a federal jury on July 30, 2014 on 13 drug related and money laundering counts including Conspiracy to Distribute and Possess with Intent to Distribute 280 grams or

In this insurance-coverage case, the trial court rendered judgment that the insured take nothing based on the jury’s verdict in favor of the insurer. The verdict included a finding that the fire that destroyed the insured’s home was intentionally caused with the insured’s prior knowledge or participation. On appeal, the insured asserts that the trial court reversibly erred in prohibiting her from