Railroad Law
 
Tonya Davis v. Ernest B. Fenton, et al.

In 2013 Tonya Davis sued Ernest Fenton (as well as Fenton’s law firms) in federal district court asserting state malpractice and breach of contract claims, as well as federal Fair Housing Act and Civil Rights Act claims, all arising out of Fenton’s representation of Davis in a mortgage foreclosure action in which Davis had lost her home. Davis alleged that Fenton’s representation of her had
2 ... More...
   $0 (05-26-2017 - IL)

Texas Health and Human Services Commission v. Albert Olguin

The Texas Health and Human Services Commission (HHSC) appeals from the trial
court’s denial of its plea to the jurisdiction. Albert Olguin brought suit against HHSC pursuant to
the Texas Commission on Human Rights Act (TCHRA), alleging discrimination, retaliation, and
aiding and abetting discriminatory behavior. See Tex. Lab. Code §§ 21.051, .055, .056. HHSC filed
a plea to the jur... More...
   $0 (05-24-2017 - TX)

Theresa Graham v. R.J Reynolds Tobacco Company, et al.

This appeal presents the questions whether due process forbids giving a
jury’s findings of negligence and strict liability in a class action against cigarette
manufacturers preclusive effect in a later individual suit by a class member and, if
not, whether federal law preempts the jury’s findings. Florida smokers and their
survivors filed a class action against several tobacco comp... More...
   $0 (05-18-2017 - FL)

STATE OF OHIO vs. BRETT A. TURNER Court of Appeals Of Ohio, Eighth Appellate District

Turner was charged with two counts of aggravated robbery, in violation of
R.C. 2911.01(A)(1) and (3), two counts of felonious assault, in violation of
R.C. 2903.13(A)(1) and (2), and one count of having a weapon while under disability, in
violation of R.C. 2923.13(A)(3). The aggravated robbery and felonious assault charges
included one- and three-year firearm specifications. T... More...
   $0 (05-14-2017 - OH)

STATE OF KANSAS v. BRIAN DIXON

On August 19, 2015, Dixon pled guilty to aggravated escape from custody, a severity level 8 nonperson felony. A presentence investigation (PSI) report prepared before sentencing indicated that Dixon's criminal history score was C based in part on a prior 2000 second-degree burglary conviction in Missouri, which was classified as a person felony. Dixon filed a motion for durational departure.
... More...
   $0 (05-03-2017 - KS)

City of Tulsa v. Larry Wheeler, et al.

Tulsa, OK - City of Tulsa v. Larry Wheeler, et al.

Issue # 1. Issue: CONDEMNATION (CONDEMN)
Filed By: CITY OF TULSA
Filed Date: 08/10/2016
Party Name Disposition Information
Defendant: ONEOK INC Disposed: DISCLAIMER, 09/16/2016. Other
Defendant: CONOCO PHILLIPS COMPANY Disposed: DISMISSED, 09/20/2016. Other
Defendant: PHILLIPS 66 COMPANY Disposed: DISMI... More...
   $0 (05-02-2017 - OK)

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Pacific Gas and Electric Company v. The Superior Court of San Mateo County, and Zachary Rowe, et al. Real Parties In Interest

BY THE COURT:
On April 17, 2017, we received a letter from counsel for PG&E requesting that we
modify our opinion in this case. We treat this request as a petition for rehearing, which
we deny. However, we order that the opinion filed on April 5, 2017, be modified as
follows:
1. On pages 25 through 26: delete the last four paragraphs of Part VI in full.
They begin at page 2... More...
   $0 (04-24-2017 - )

Deborah Shaw v. The Superior Court of Los Angeles County

This case presents two issues: (1) Is a trial court ruling denying a request
for a jury trial in a civil action subject to review prior to trial by a petition for an
extraordinary writ or may such a ruling be reviewed only by appeal after trial?
and (2) Is there a right to a jury trial in a health care facility whistleblower action
for retaliatory termination brought pursuant to He... More...
   $0 (04-13-2017 - )

United States of America v. James Dwight Andrew Monego Federal District Court Courtroom - Bismarck, North Dakota

Bismarck, ND - Former Railroad Employee Sentenced for Sexual Exploitation of a Minor

James Dwight Andrew Monego, 46, Illinois, was sentenced before Chief US District Judge Daniel L. Hovland to serve 10 years and one month after pleading guilty to one count of Possessing Images Depicting the Sexual Exploitation of Minors and Distribution. Judge Hovland also sentenced Monego to serve 10 yea... More...
   $0 (04-12-2017 - ND)

Poet, LLC v. State Air Resources Board

The California Global Warming Solutions Act of 2006 (Health & Saf. Code,
§ 38500 et seq.) established the first comprehensive greenhouse gas regulatory program
in the United States. Its goal is to progressively reduce greenhouse gas emissions to 1990
levels by 2020. The State Air Resources Board (ARB) was charged with achieving this
goal. One of its actions was promulgating the low... More...
   $0 (04-11-2017 - )

UNITED STATES OF AMERICA v. ENRICO PONZO, a/k/a Henry Ponzo, a/k/a Michael P. Petrillo, a/k/a Rico, a/k/a Joey, a/k/a Jeffrey John Shaw, a/k/a Jay Shaw Idaho Rancher Revealed as Gangster From Boston

This case centers on Ponzo's affiliation with LCN, a
crime network with a "boss," "soldiers," and "associates" -- an
affiliation that began in the late 1980s and ended in the mid
1990s, give or take. LCN operated its organized crime network through trafficking drugs, loansharking, extortion, and illegal gambling. Ponzo's LCN membership formed the basis for the
Racketeer Influ... More...
   $0 (04-09-2017 - MA)

Memorial Hermann Health System v. Samia Khalil, M.D.

After 40 years of employment at Memorial Hermann hospital, Dr. Samia
Khalil sued Memorial Hermann Health System for defamation, tortious
interference with an existing contract, conspiracy, and intentional infliction of
emotional distress. Khalil, age 77, also sued for age discrimination. Memorial
2

Hermann sought to dismiss several of her claims under summary dismiss... More...
   $0 (03-29-2017 - TX)

The People v. Charles Van Orden

Like People v. Garza (2005) 35 Cal.4th 866 (Garza), this case “involves the
interplay between two criminal law statutes: one a provision of the Penal Code, the other
a provision of the Vehicle Code.” (Id. at p. 871.) In Garza, the court considered the
interplay between Vehicle Code section 10851 (unlawful taking or driving a vehicle,
hereafter section 10851) and Penal Code section ... More...
   $0 (03-24-2017 - CA)

Amanda Byrd v. National Railroad Passenger Corporation and Alexander V. Podbereznyy Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Tenton, NJ - Amanda Byrd sued Alexander V. Podbereznyy the National Railroad Passenger Corporation on auto negligence and respondeat superior theories. ... More...   $0 (03-20-2017 - NJ)

Estate of William J. Burford v. Accounty Practice Sales, Inc. and Gary L. Holmes

Defendant Accounting Practice
Sales (APS) terminated its brokerage contract with William
Burford after he failed, in his exclusive territory for APS, to
meet his minimum yearly sales volume for four consecutive
years. Burford sued. APS defended on the grounds that Burford
failed to meet his sales requirement and that his contract
was terminable at will. The case was tried a... More...
   $0 (03-13-2017 - IL)

CLAUDE SEARS, et al. v. UNITED STATES

The land at issue was previously held as a right-of-way for railroad purposes by the Iowa River Railroad, “extending from milepost 243.35 near Marshalltown, Iowa, to milepost 209, outside Steamboat Rock, Iowa, a total distance of 34.35 miles, in Marshall and Hardin Counties, Iowa.” Sears I, 124 Fed. Cl. at 446 (quoting Second Am. Compl. ¶ 4, ECF No. 33). On August 2, 2012, the Surface Transporta... More...   $686940 (03-09-2017 - DC)

United States of America v. Deric Lostutter

Lexington, KY - Winchester Man Sentenced To 24 Months For Illegally Hacking Into Website And Lying To Federal Agents

A Winchester, Ky., man, who previously admitted to hacking and taking control of a high school sports website, to gain publicity for his online identity and harass and intimidate the website owner and others, has been sentenced to 24 months in federal prison.

U.S. ... More...
   $0 (03-08-2017 - KY)

Cellular South, Inc. v. BellSouth Telecommunications, LLC, f/k/a BellSouth Telecommunications, Inc. and Successor by Merger to Bellsouth MNS, Inc

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In July 2015, CellularSouth filed its Petition to Revoke Protective Order in which it
contended that two amendments to the Pu... More...
   $0 (03-07-2017 - MS)

Bradley B. Ware v. Texas Commission on Environmental Quality

Bradley B. Ware appeals a district court judgment affirming an order of the Texas
Commission on Environmental Quality (TCEQ) denying an application by Ware to extend and
expand water rights previously granted him under a ten-year “term permit.” We will affirm the
district court’s judgment.
BACKGROUND
Regulatory context
This case arises under the regime of water-rights regul... More...
   $0 (03-03-2017 - TX)

William Johnson v. Marirosa Lamas

In the early morning hours of August 26, 2005, off-duty police officer Terrence Flomo was shot to death while he sat in his car near the intersection of 20th Street and Cecil B. Moore Avenue in North Philadelphia. The Commonwealth charged William Johnson and Mumin Slaughter with murder based on witness identifications and forensic testimony. The shooting occurred after Flomo had stopped his car an... More...   $0 (03-03-2017 - PA)

Lillian Figueroa v. BNSF Railroad Company

Oregon requires that foreign corporations doing
business in this state appoint a registered agent to receive
service of process. ORS 60.731(1).1 The primary question
that this case presents is whether, by appointing a registered
agent in Oregon, defendant (a foreign corporation)
impliedly consented to general jurisdiction here—that is,
whether defendant consented to have Or... More...
   $0 (03-02-2017 - OR)

Christopher S. Barrett v. Union Pacific Railroad Company

The primary question in this case is whether the
Due Process Clause of the Fourteenth Amendment permits
Oregon to exercise general jurisdiction over an interstate
railroad for claims unrelated to the railroad’s activities in
this state. The trial court ruled that it could exercise general
jurisdiction over the railroad and denied the railroad’s
motion to dismiss plaintiff’s... More...
   $0 (03-02-2017 - OR)

Sina Chenari v. George Washington University

After George Washington University Medical School expelled appellant for cheating on an exam, he brought suit in federal court for breach of contract and discrimination based on disability. The district
court granted summary judgment to the University, deferring
to its view that appellant broke its honor code and finding no
violation of the relevant disability statutes. For the reasons... More...
   $0 (02-13-2017 - DC)

Charles Deal and Annette Deal, Personal Representatives of the Estate of Serenity Deal v. Sean Devon Brooks, Randy J. Jack and Jennifer Shawn and State of Oklahoma ex rel. Oklahoma Department of Human Services

¶1 This action arises from tragic circumstances involving the murder of a child placed in the custody of her biological father. Plaintiffs/Appellants Charles and Annette Deal (Plaintiffs) appeal the trial court's Order granting summary judgment in favor of Defendant/Appellee State of Oklahoma ex rel. Oklahoma Department of Human Services (DHS). Although the Order does not address all issues and De... More...   $0 (12-30-2016 - OK)

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