Railroad Law
 
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)

Sam Autry Fletcher v. The State of Texas

On December 1, 2012, Hugo Iguirre picked up his wife Ivette from her night
job, and they then went to Ivette’s brother’s house—where they were staying the
night—arriving about 3:30 a.m. A small, white SUV sped up and parked behind
them. Ivette believed the vehicle to be a Dodge Nitro or similar model. Four or
five men jumped out carrying rifles and claiming to be police. Th... More...
   $0 (12-08-2016 - TX)

State of Oklahoma v. Randall Douglas McHenry

Tulsa, OK - The State of Oklahoma charged Randall Douglas McHenry with:

Count # 1.
Count as Filed: ABDGR, ASSAULT WITH A DANGEROUS WEAPON, in violation of 21 O.S. 645, which provides:
"Every person who, with intent to do bodily harm and without justifiable or excusable cause, commits any assault, battery, or assault and battery upon the person of another with any sharp or dangerou... More...
   $0 (12-05-2016 - OK)

R.J. REYNOLDS TOBACCO COMPANY v. GWENDOLYN E. ODOM, Personal Representative of the ESTATE OF JUANITA THURSTON

Plaintiff filed suit against RJR asserting membership in the Engle class because her mother died from lung cancer “caused by her addiction to cigarettes.” In her suit, Plaintiff alleged causes of action for strict liability, negligence, fraud by concealment, and conspiracy to commit fraud by concealment. The case proceeded to trial in two phases. In the first phase, the jury was asked to: 1) de... More...   $0 (12-03-2016 - FL)

STATE OF KANSAS v. MELISSA LEE CRONEY

Croney has been subject to a lifetime ban from all Walmart properties since August 2009. Walmart banned Croney for a second time in 2010.

On July 22, 2012, a Walmart loss prevention associate observed Croney enter a Walmart store in north Topeka and put a can of spray-on tan in her purse. The product was worth $9.92. Croney picked up other items from the store and went to the register a... More...
   $0 (11-26-2016 - KS)

STATE OF SOUTH DAKOTAv. MARICELA DIAZ

On November 10, 2009, law enforcement officers and firefighters
responded to a vehicle fire in a wooded area of Hanson County near Mitchell, South
Dakota. After extinguishing the fire, they discovered a badly burned body in the
vehicle’s trunk, later identified as 16-year-old Jasmine Guevara. The autopsy
revealed that Guevara had been burned alive.
[¶3.] After trackin... More...
   $0 (11-24-2016 - SD)

Roosevelt Simmons v. Berkeley Electric Cooperative, Inc. and St. John's Water Company, Inc.

In 2003, Simmons acquired title to two parcels of land, TMS # 283-00-00498 ("Tract 498") and TMS # 282-00-00-135 ("Tract 135"). Both parcels are undeveloped, wooded, and located along Kitford Road on Johns Island. The parcels are separated by an abandoned railroad right-of-way and were previously part of a larger tract owned by two of Simmons' predecessors-in-title, Edward Heyward and E.C. Brown. ... More...   $0 (11-23-2016 - SC)

PATRICK JOSEPH CARNEY v. UNION PACIFIC RAILROAD COMPANY

The record discloses the following undisputed facts. In the spring of 2006, defendant invited various contractors to submit bids in connection with the purchase and removal of three abandoned railroad bridges that spanned Arthington, Polk, and Lexington Streets in Chicago. Among those invited to bid was Happ’s, Inc., a scrap contractor that had worked with defendant and other railroads for 25 year... More...   $0 (11-20-2016 - Il)

Harris County and Texas Commission on Environmental Quality v. International Paper Company

There are five dates or date ranges that are significant in this litigation. We
will give first an overview of their importance and then discuss each in more detail.
Next, we will provide an overview of the parties’ trial theories and discuss the key
rulings made by the trial court related to experts and the jury charge.

A. Significant historical dates

The first ... More...
   $0 (11-15-2016 - TX)

State of Oklahoma v. Robert Dwayne Perry, Jr.

Claremore, OK - Defendant Sentenced To Four Years In Prison For Making Bomb Threat

The State of Oklahoma charged Robert Dwayne Perry, Jr. with making a telephone bomb threat in violation of 21 O.S. 1767.1 (A)(1) which provides:

A. Any person who shall willfully or maliciously commit any of the following acts shall be deemed guilty of a felony:

1. Place in, upon, under, a... More...
   $0 (11-07-2016 - OK)

Samantha Meagan Paciga v. The State of Texas

On August 28, 2013, at approximately 11:00 p.m., an officer with the Beaumont Police Department responded to a radio dispatch concerning a suspicious vehicle near the intersection of Seventh Street and the I-10 service road in Beaumont, Texas. When the officer arrived at that location, he observed a blue Toyota Corolla that had left the service road and come to rest in a grassy area next to a... More...   $0 (11-03-2016 - TX)

STATE OF MONTANA v. GEORGIE E. RUSSELL

In November 2014, Rocky Boy Tribal Officer Larry Bernard responded to multiple calls of a car driving “all over the road” on the Reservation. Officer Bernard spotted the car in question driving in the wrong lane. He activated his patrol car’s lights to conduct a traffic stop, and the driver pulled the car to the side of the road. ¶4 Officer Bernard approached the stopped vehicle and recogni... More...   $0 (10-31-2016 - MT)

Barbara Bagley v. Bargara Bagley

¶1 In 1910, the district court issued the Little Cottonwood Morse Decree, which established water rights for the Little

LITTLE COTTONWOOD v. SANDY CITY Opinion of the Court
2

Cottonwood Creek. The decree also terminated a contract that conferred a right to use a portion of this water. The Morse Decree replaced the terminated contract with new terms that govern this contra... More...
   $0 (10-27-2016 - UT)

State of Missouri v. Bryon Keith Creech

Tulsa, OK - Man Sentenced To Life In Prison Without Parole Killing Son

The State of Oklahoma charged Bryon Keith Creech with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Count # 2. Count as Filed: SWIK, SHOOTING WITH INTENT TO KILL, in violation of 21 O.S. 652
Count # 3. Count as Filed: KID, KIDNAPPING, in violation of 21 O.S. ... More...
   $0 (10-26-2016 - OK)

COMMONWEALTH vs. MICHAEL FERREIRA

The issue in this case concerns the proper
application of the doctrine of collateral estoppel, as embodied
in the double jeopardy clause of the Fifth Amendment to the
United States Constitution and in Massachusetts statutes and
common law. See Ashe v. Swenson, 397 U.S. 436 (1970);
Commonwealth v. Benson, 389 Mass. 473 (1983). See also G. L.

In 2011, nearly for... More...
   $0 (10-15-2016 - MA)

ENTERGY NUCLEAR PALISADES, LLC v. THE UNITED STATES

Prior to trial, the parties entered into stipulations of fact in which the government
agreed that, while it did contest that Entergy was entitled to recover certain costs, it did
not contest that Entergy actually incurred the amounts claimed, other than the amount
claimed for security at the second ISFSI. The government also stipulated that, with
respect to any payroll loaders... More...
   $13828676 (10-09-2016 - DC)

Ocoee Utility District Of Bradley And Polk Counties, Tennessee v. The Wildwood Company, Incorporated

Ocoee Utility District of Bradley and Polk Counties, Tennessee (“the Utility”) is a utility district that operates a water and sewer system in Bradley and Polk Counties. The Wildwood Company, Inc. (“Wildwood”) is a private fishing club with eleven memberstockholders. For decades, Wildwood owned about 120 acres of land in Bradley County, which included wetlands, a lake, and a nearby freshwater sp... More...   $0 (10-06-2016 - TN)

UNION PACIFIC RAILROAD COMPANY V. SEECO, INC.

Appellant Union Pacific Railroad Company (Union Pacific) appeals from the
Faulkner County Circuit Court’s judgment and order filed on September 18, 2015, and
agreed final order filed on November 5, 2015, finding that the mineral rights in question
were owned in fee simple by separate appellees, individual members of the Tyus family
(collectively the Tyus family). On appeal, Un... More...
   $0 (10-05-2016 - AR)

Christopher James Holder v. The State of Texas

On the evening of Sunday, November 11, 2012, the Plano Police Department responded
to a call about a possible burglary at 3121 Royal Oaks Drive, Plano, Texas, where they found
fifty-year-old Billy Tanner deceased in his home. He had sustained blunt force trauma to the
head and multiple stab wounds.
In the summer of 2012, Billy Tanner’s step-daughter, Casey James, her two child... More...
   $0 (10-04-2016 - TX)

STATE OF KANSAS v. ROBERT JOE BARNES

On October 19, 2009, Barnes pled no contest to one count of attempted failure to register as required by the Kansas Offender Registration Act, K.S.A. 22-4901 et seq., a severity level 7 person felony. The presentence investigation (PSI) report prepared before sentencing indicated that Barnes' criminal history score was a C, based in part on a prior 1978 conviction of burglary in Spearman, Texas, w... More...   $0 (10-01-2016 - KS)

Noice v. BNSF Ry. Co.

In January of 2009, Noice was conducting a BNSF train traveling from Clovis
4 to Belen. The train was pulled by four locomotives. At some point around 6:00 p.m.,
5 Noice ceded operation of the train to his assistant, John Royal. Noice exited the lead
6 locomotive and proceeded rearwards. Before leaving the lead locomotive, however,
7 Noice instructed Royal to “start pulling o... More...
   $0 (08-24-2016 - NM)

Sandra Bartholomew and Stephen Bartholomew v. Tyler Busch and National Railroad Passenger Corporation Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Hartford, Connecticut plaintiff personal injury lawyer John Fitzgerald represented Sandra Bartholomew and Stephen Bartholomew sued Tyler Busch and National Railroad Passenger Corporation on auto negligence and respondeat superior theories.... More...   $0 (08-01-2016 - CT)

United States of America v. Ronald Bonner

St. Louis, MO - St. Louis Man Pleads Guilty to Stealing from Norfolk Southern Railway Trains

Ronald Bonner, St. Louis, MO, pled guilty to stealing goods from Norfolk Southern Railway trains as they passed through the railroad’s St. Louis terminal. Bonner admitted to two counts of theft from an interstate shipment involving two separate incidents occurring on October 14, 2015, and Februar... More...
   $0 (07-27-2016 - MO)

United States of America v. Diana Jocelyn Gumila

Chicago, IL - Head of Schaumburg Home Health Company Sentenced to Six Years for Scheming to Fraudulently Bill Medicare for Unnecessary Care

A federal judge sentenced the head of a Schaumburg home health company to six years in prison for scheming to bill Medicare for millions of dollars in unnecessary services.

As the manager of Suburban Home Physicians, which did business as Do... More...
   $0 (07-27-2016 - IL)

Walter B. Saner v. BridgeTex Pipeline Company, LLC

BridgeTex is a limited liability company engaged in the location and construction of a pipeline in Texas for the transportation of crude petroleum. The pipeline is intended to transport crude petroleum from the Permian Basin to the Texas Gulf Coast. In January 2013, the Texas Railroad Commission designated BridgeTex as a common carrier and granted it a T-4 permit. Pursuant to its designation as... More...   $0 (07-21-2016 - TX)

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