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Railroad Law
 
Curtis Rockaird v. BNSF Railway Company

These appeals follow a civil jury trial. The jury found
that BNSF Railway Company violated the anti-retaliation
provision of the Federal Railroad Safety Act (“FRSA”) when
BNSF fired Curtis Rookaird for, in part, refusing to stop
performing an air-brake test on a 42-car train that he was
tasked with moving. Rookaird was awarded over $1.2
million in damages. BNSF appeals issu... More...
   $0 (11-09-2018 - WA)

Citizens For Amending Proposition L v. City of Pomona

In June 1993, appellant City of Pomona (Pomona) entered
into an agreement with non-party Regency Outdoor Advertising,
Inc. (Regency). Pursuant to that agreement, Regency erected
advertising billboards alongside several Pomona freeways.
Shortly thereafter, in November 1993, the citizens of Pomona
passed a ballot initiative, Proposition L (Prop. L), which
prohibited the const... More...
   $0 (11-09-2018 - CA)

Amanda Quiles v. Arthur J. Parent, Jr.

In this latest chapter in what originated as a wage and hour class action,
defendant Arthur J. Parent, Jr. (Parent) appeals from the amended judgment entered in
favor of plaintiff Amanda Quiles on her individual claim for wrongful employment
termination in violation of the federal Fair Labor Standards Act of 1938 (FLSA; 29
U.S.C. § 201 et seq.). (All further statutory references ar... More...
   $0 (11-04-2018 - CA)

Amanda Quiles v. Arthur J. Parent, Jr.



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In this latest chapte... More...
   $0 (11-03-2018 - CA)

STATE OF KANSAS v. DONNIE MARCELL HILL











Donnie Marcell Hill appeals the trial court's order that he pay $300 in Board of Indigents' Defense Services (BIDS) a... More...
   $0 (10-27-2018 - KS)

Mindy M. McWilliams v. Union Pacific Railroad Company




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Baton Rouge, LA - Mindy M. McWilliams sued the Union Pacific Railroad Company on a personal ... More...
   $0 (10-26-2018 - LA)

Phil Kerpen v. Metropolitan Washington Airports Authority

Appellants here have raised a variety of constitutional and statutory challenges to
Metropolitan Washington Airport Authority’s (MWAA) ability to use toll revenues to
fund projects enhancing access to Dulles airport. The district court granted defendants’
motion to dismiss all of these claims, and we now affirm its judgment.
I.
In 1950, the federal government began to build Dul... More...
   $0 (10-24-2018 - va)

Jesus Cuitlahuac Garcia v. Border Transfer Group, LLC

Plaintiff Jesus Cuitlahuac Garcia filed a wage and hour lawsuit against Border
Transportation Group, LLC (BTG), its owner Erik Ortega, and BTG employee Martha
Ortega. Some of Garcia's claims are based on Industrial Welfare Commission (IWC)
wage orders;1 others are not. The trial court granted defendants' motion for summary
judgment on all eight causes of action on the basis that Ga... More...
   $0 (10-23-2018 - CA)

Anthony Allen v. Rene Ramirez Bernal and A & 1 Transportation, Gregory A. Meredith and National Railroad Passenger Corporation (Amtrak)

Sacramento, CA - Anthony Allen sued Rene Ramirez Bernal and A & 1 Transportation, Gregory A. Meredith and National Railroad Passenger Corporation (Amtrak) on auto negligence, federal tort claims act and respondeat superior theories.




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Macker Montgomery and Antoinette Montgomery v. National Railroad Passenger Corporation, Illinois Central Railroad Company, John Sherman Asa Bennett and Lydia Bennett

Greenville, MS - Macker Montgomery and Antoinette Montgomery sued the National Railroad Passenger Corporation, Illinois Central Railroad Company (AMTRAk), John Sherman Asa Bennett and Lydia Bennett on negligence theories.


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   $0 (10-09-2018 - MS)

State of Tennessee v. Shawn Nelson Smoot





This appeal arises as the result of the victim’s death on October 15, 2011. The evening of October 14, 2011, the victim left her car in the parking lot of Altruda’s Restaurant in Knoxville, Tennessee and spent the nigh... More...
   $0 (10-06-2018 - TN)

United States of America v. Taylor Michael Wilson




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Lincoln, NE - Missouri Man Sentenced for Disabling an Amtrak Tr... More...
   $0 (10-05-2018 - NE)

Kristen Giovanni v. United States Department of the Navy





The Giovanni family and the Palmer family live in neighborhoods close to contaminated federal facilities that were owned and operated for decades by the United States Navy. The families filed separate suits in state court under the P... More...
   $0 (10-03-2018 - PA)

In the Matter of the Equalization Appeal of COFFEYVILLE RESOURCES NITROGEN FERTILIZERS, L.L.C., for the Year 2008 in Montgomery County, Kansas.






CRNF and the County dispute how 699 of CRNF's assets should be classified for taxation purposes. This is the second time the case has appeared before us. In the parties' first appeal, this court provided the underlying facts of the case. In re Equalization Ap... More...
   $0 (10-02-2018 - KS)

Richard L. Fowler v. Caliber Homes Loans, Inc.





When an individual takes out a mortgage, he or she secures the loan with real property. To protect its security interest, lenders usually require borrowers to maintain hazard insurance in an amount that is at least equal to the loan’s unpaid principal balance. Should a ... More...
   $0 (10-02-2018 - FL)

STATE OF OHIO - vs - MARK R. MCDONALD






On May 30, 2017, a complaint, affidavit, and summons were filed in the
Ashtabula Municipal Court, charging appellant with aggravated menacing, a first-degree
misdemeanor in violation of Ashtabula Codified Ordinance 537.05, and criminal trespass,
a f... More...
   $0 (09-30-2018 - OH)

In Re: Amazon.com, Inc., Fulfillment Center Fair Labor Standards Act (FLSA) and Wage and Hour Litigation




Plaintiffs in this purported class action seek compensation under Nevada and Arizona law for time spent undergoing or waiting to undergo mandatory onsite security screenings at the Amazon facilities where they worked. The district court granted summary judgment for Defendants on... More...
   $0 (09-26-2018 - KY)

Alejandro Munoz-Gonzalez v. D.L.C. Limousine Service, Inc.




The Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., requires that
employers pay employees one‐and‐a‐half times their regular rate of pay for every
hour exceeding forty each workweek... More...
   $0 (09-23-2018 - NY)

EDDIE M. DeLEON, JASON KINGERY and STEVE PAUL BECK v. BNSF RAILWAY COMPANY

Plaintiffs each filed Federal Employers’ Liability Act (FELA) negligence claims
against BNSF in Montana’s Thirteenth Judicial District Court, Yellowstone County.
BNSF is a rail carrier incorporated in Delaware with its principal place of business in
Texas. BNSF does business in Montana: it has 2,061 miles of railroad track in Montana;
employs approximately 2,100 workers in M... More...
   $0 (09-18-2018 - MT)

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)

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