Railroad Law
 
Gregory A. Grice, III v. Anthony McVeigh United States District Court for the Southern District of New York - New York, New York

Plaintiff‐Appellee Gregory A. Grice, III, a 16 year old train enthusiast, was
stopped and handcuffed after the Greenburgh Police Department received a 911
report that someone holding an electronic device was bending down by the
tracks at a rail crossing. After a search of the tracks by the Metropolitan Transit
Authority (“MTA”), the Greenburgh officers turned Grice over to th... More...
   $0 (10-03-2017 - NY)

United States of America v. Nathan Diggers United States District Courthouse - Chicago, Illinois

Chicago, IL - Convicted Felon Sentenced to 8 Years in Federal Prison for Illegally Possessing 30 Firearms

A convicted felon was sentenced to eight years in federal prison for illegally possessing 30 guns that had been stolen from a shipment of firearms at a railyard on the South Side of Chicago.

NATHAN DRIGGERS possessed the guns on April 12, 2015, at his store in the 12700 block... More...
   $0 (09-19-2017 - OK)

Tommy Ernest Swate, M.D. v. Texas Medical Board

Tommy Ernest Swate, M.D., appeals the district court’s judgment affirming the final
order issued by appellee, Texas Medical Board2 (the Board), revoking his license to practice
medicine in Texas. The Board revoked Dr. Swate’s license after determining that he violated the
Texas Medical Practice Act, see Tex. Occ. Code §§ 151.001-169.005 (the Act) and certain Board
rules, see 22 Tex... More...
   $0 (08-31-2017 - TX)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-26-2017 - CA)

Aleksei E. Svipidov v. City of San Diego

Aleksei E. Sviridov appeals a judgment after the trial court awarded the City of
San Diego and the San Diego Police Department (collectively the City or defendants)
$90,387.28 in costs. Sviridov contends the City is not entitled to costs based upon
Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal.4th 97, 99 (Williams),
which held that in actions based upon the Californ... More...
   $0 (08-22-2017 - CA)

Equal Employment Opportunity Commission v. Union Pacific Railroad Company

Union Pacific Railroad challenges
the legal authority of the Equal Employment Opportunity
Commission to continue an enforcement action after issuing
a right to sue letter and subsequent resolution of the underlying
charges of discrimination in a private lawsuit. The EEOC
petitioned the district court to enforce its subpoena for Union
Pacific’s employment records related to ... More...
   $0 (08-17-2017 - WI)

Patrick Dwayne Murphy v. Terry Royal, Warden, Oklahoma State Penitentirary United States Court of Appeals for the Tenth Circuit Denver, Colorado

Patrick Dwayne Murphy asserts he was tried in the wrong court. He
challenges the jurisdiction of the Oklahoma state court in which he was convicted of
murder and sentenced to death. He contends he should have been tried in federal
court because he is an Indian and the offense occurred in Indian country. We agree
and remand to the district court to issue a writ of habeas corpus vaca... More...
   $0 (08-14-2017 - OK)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach
lacks lateral land access.
1
The only practical route to Martins Beach is down a road,
known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the
beach.
Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that
purchased Martins Beach and adjacent ... More...
   $0 (08-14-2017 - CA)

Orange County Water District v. Sabic Innovative Plastics US, LLC

The Orange County Water District (District) was created by the California
Legislature to protect and manage groundwater supplies within its territory, which covers
most of Orange County, California. The District and other regulatory agencies have long
been aware of localized groundwater contamination caused by hazardous substance
releases at various sites in the so-called "South Ba... More...
   $0 (08-07-2017 - CA)

Alfonso Ayala v. Randy Dawson

After living for more than a dozen years in a residential unit he claimed he owned,
Alfonso Ayala was evicted by the property owner, Randy Dawson, in an unlawful
detainer action. Ayala defended by attempting to quash service of summons on the
ground he was not a tenant, but instead held equitable title under an oral installment sale
contract for the purchase of property. Dawson cou... More...
   $0 (08-05-2017 - CA)

Johnny L. Meadows v. Latshaw Drilling Company, L.L.C.

Latshaw Drilling Co., LLC (Latshaw) terminated the employment of Johnny L. Meadows, who worked on one of its drilling rigs, and 397 other employees when a decrease in oil prices depressed demand for its services. Meadows filed suit on behalf of himself and others similarly situated, alleging that Latshaw, in violation of the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act), con... More...   $0 (08-02-2017 - TX)

San Diego County Water Authority v. Metropolitan Water District of Southern California

Metropolitan Water District of Southern California (Metropolitan) appeals a
judgment holding that the rate it charges for transporting water, or “wheeling,” violates
numerous provisions of law and awarding the San Diego County Water Authority (Water
Authority) substantial damages for having charged that rate in breach of a water
exchange agreement between the two agencies. The Wate... More...
   $0 (07-23-2017 - CA)

Richard and Elizabeth Jones, individually and on behalf of the Estate of Sarah Jones v. CSX Transportation, et al.

Savanah, GA - Jury Finds for Plaintiffs On Wrongful Death Negligence Claim Against CSX

Richard and Elizabeth Jones, individually and on behalf of the Estate of Sarah Jones sued CSX Transportation, et al. on negligence theories claiming that the death of their daughter, who was killed when a CSX train, ran into the movie props that had been placed on the CSX track to shoot a scene for a mo... More...
   $0 (07-17-2017 - GA)

Rolland Jacks v. City of Santa Barbara

Pursuant to an agreement between Southern California Edison (SCE) and
defendant City of Santa Barbara (the City), SCE includes on its electricity bills to
customers within the City a separate charge equal to 1 percent of SCE‟s gross
receipts from the sale of electricity within the City, and transfers the revenues to
the City. The City contends this separate charge, together w... More...
   $0 (07-17-2017 - CA)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop
properties, homeowners sought a permit from the California Coastal Commission
(Commission) to build a new seawall and repair their beach access stairway. The
Commission granted the permit subject to several mitigation conditions. The
owners filed an administrative mandate petition objecting to two conditions but
... More...
   $0 (07-12-2017 - CA)

Rajina Hess v. Volkswagen Group of America, Inc.

¶1 The trial court previously granted attorney fees against Defendant/Appellant/Counter-Appellee Volkswagen Group of America, Inc., (Volkswagen) in an amount exceeding $7 million in this multi-jurisdictional, class action law suit. In an appeal from that award, the Oklahoma Supreme Court concluded the trial court abused its discretion by failing to deduct the entirety of fees claimed in certain "f... More...   $0 (07-11-2017 - OK)

Cantu Enterprises, LLC v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas; and Ken Paxton, Attorney General of the State of Texas Travis County Courthouse - Austin, Texas

Appellant Cantu Enterprises, LLC (Cantu) seeks reversal of the trial court’s denial
of a refund of sales and use tax, interest, and penalty that Cantu paid under protest on the purchase
of an aircraft. Cantu asserts that its purchase is an exempt sale for resale under sections 151.006 and
151.302 of the Texas Tax Code (the “sale-for-resale exemption”). Appellees, Glenn Hegar,
Compt... More...
   $0 (07-10-2017 - TX)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

Algier Flippin v. State of Indiana Indiana Court of Appeals

Around 6:00 p.m. on September 12, 2015, Joseph Lackner and Roy Jones were
walking home from a neighborhood block party in Indianapolis. While
walking along the eastern border of Garfield Park, Lackner and Jones saw a
group of teens on the opposite side of the street. The teens crossed the street,
surrounded Lackner and Jones, and demanded that the two men hand over
their... More...
   $0 (06-30-2017 - IN)

Edward Stuart v. The State of Texas TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Stuart was charged by indictment with aggravated assault with a deadly weapon and
tampering with physical evidence after stabbing a man with a knife and subsequently placing the
knife beneath a storage box in the bedroom of Stuart’s apartment. At trial, the jury heard testimony
from Stuart, his wife Kelli Mantel, the victim Rick Tellez, and his fiancée Julie Cortelyou. The jury
a... More...
   $0 (06-23-2017 - TX)

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora... More...
   $0 (06-23-2017 - tx)

Benjamin J. Ashmore, Sr. v. CGI Group, Inc.

Benjamin Ashmore appeals from the order of the district court (Analisa
Torres, J.) dismissing him as the plaintiff in this Sarbanes-Oxley whistleblower
action and allowing Barbara A. Edwards, the Trustee of his bankruptcy estate
(“Trustee”), to be substituted as the plaintiff. Ashmore argues that he has
standing to prosecute the whistleblower action because, contrary to the distric... More...
   $0 (06-21-2017 - )

Lakeside Village Homeowners Association, Inc., Principal Management Group of North Texas, and Principal Management Group, Inc. v. Alfred "Corky" Belanger and Michael Drennan

This appeal arises from two townhome duplex owners, Alfred “Corky” Belanger and Michael Drennan, who brought breach of contract, trespass, negligence, and diversion of water claims against their homeowners association and its management company.
FACTUAL AND PROCEDURAL BACKGROUND
Lakeside Village
Lakeside Village is a gated townhome community comprised of 498 units by a lake in Rockwall... More...
   $0 (06-17-2017 - TX)

Hermenia Jenkins v. Crosby Independent School District and Michael L. Williams in his Official Capacity as State Commissioner of Education

After the new superintendent of Crosby Independent School District (the District)
reassigned appellant Hermenia Jenkins from the position of principal at an intermediate school
within the District to that of an assistant principal at Crosby High School, Jenkins challenged the
reassignment pursuant to the District’s grievance procedure. After the District’s board of trustees
voted t... More...
   $0 (06-15-2017 - TX)

Michael Cohen as Director, etc. v. Callander Associates Landscape Architecture, Inc.

After Governor Brown announced his intention to dissolve redevelopment
agencies, but before the legislation passed, City of Galt entered into an agreement (the
Cooperative Agreement) with its former redevelopment agency under which the former
redevelopment agency agreed to finance several parts of the redevelopment plan, totaling
more than $22,000,000. To obtain money for the finan... More...
   $0 (06-05-2017 - CA)

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