Railroad Law
 
Kazolias v. IBEW

Plaintiffs are three journeymen wiremen who are members of the International3
Brotherhood of Electrical Workers Local Union 363 (“the union”). The union refers its4
members for jobs with employers who are parties to the union’s Collective Bargaining5
Agreement (CBA) based on referral rules contained in the CBA and additional rules6
promulgated by the union. Members who seek job ref... More...
   $0 (11-12-2015 - )

Laster Restoration, Inc. v. Union Pacific Railroad Company

Tulsa, OK - Laster Restoration, Inc. sued Union Pacific Railroad Company on a damage to property theory for property located in Rogers County. The case was removed to the United States District Court based on diversity of citizenship.



... More...
   $0 (11-09-2015 - ok)

Stephens v. CSX Transportation

CSX maintains a railroad track in Hampton County, which passes through the town of Yemassee. At issue in this case is the passive-grade crossing at Hill Road near state Highway 68. The crossing has no active traffic-control devices such as lights or gates. Vehicle traffic is controlled by a stop sign, a stop line, and a cross-buck that is similar to a "Yield" sign as it is an X-shaped sign with t... More...   $0 (11-06-2015 - SC)

State Of Kansas v. Luarks

Richard Luarks raises two challenges to the district court's calculation of his criminal history score and his resulting 172-month prison sentence. He generally contends the court erred by over-classifying all three of his pre-Kansas Sentencing Guidelines Act (KSGA) convictions as person felonies. And he also argues the classification as a person felony of one of those convictions—for burglary—wa... More...   $0 (11-04-2015 - KS)

State Of Kansas v. Mullens

Bradley Wayne Mullens appeals his sentence following his conviction of aggravated escape from custody. Mullens argues for the first time on appeal that the district court erred in classifying his 2003 Texas juvenile adjudication of burglary as a person felony for criminal history purposes. Mullens claims that by doing so, the district court violated his constitutional rights as articulated in App... More...   $0 (11-03-2015 - KS)

McElwain v. Office of the Secretary of State

This is a direct appeal from a circuit court order finding section 11-501.6 of the Illinois Vehicle Code (625 ILCS 5/11-501.6 (West 2012)) unconstitutional as applied to this plaintiff. This section provides that a driver who is arrested for a traffic violation related to a fatality or other serious personal injury automatically consents to having his or her blood, breath or urine tested for the p... More...   $0 (10-31-2015 - IL)

State Of Kansas v. Luarks

In 2011, a jury convicted Luarks of one count of aggravated battery. The charges arose from a July 2010 incident where Luarks stabbed his girlfriend's neighbor at a Topeka apartment complex.
After Luarks' conviction, court services prepared a presentence investigation report (PSI). The criminal history worksheet in the PSI listed 18 prior convictions, including 3 adult person felony convictio... More...
   $0 (10-30-2015 - KS)

In re ChinaCast Education Corporation Securities Litigation

Under Rule 10b-5 of the Securities Exchange Act of
1934, “it is unlawful for ‘any person, directly or indirectly,
. . . [t]o make any untrue statement of a material fact’ in
connection with the purchase or sale of securities.” Janus
Capital Grp., Inc. v. First Derivative Traders, 131 S. Ct.
2296, 2301 (2011) (alteration in original) (quoting 17 CFR
§ 240.10b-5(b)). Both par... More...
   $0 (10-23-2015 - CA)

United States of America v. Dike Ajiri and Mobile Doctors

Chicago, IL - CEO of Chicago Healthcare Company Pleads Guilty to Fraudulently Billing Medicare in $1.8 Million Scheme

The chief executive of Chicago-based Mobile Doctors pleaded guilty today to charges that he fraudulently increased Medicare bills for in-home treatment that was shorter and less complicated than the claims indicated.

DIKE AJIRI, 44, of Wilmette, admitted in a plea... More...
   $0 (10-23-2015 - IL)

Roger M. Wheeler, Jr. v. Crest Resources, Inc.

Tulsa, OK - Roger M. Wheeler, Jr., Singer Bros., L.L.C., HW Allen Co., Holarud 792, L.L.C., Lafapar Energy, LLC, Wheeler Phoenix, Inc. sued Crest Resources, Inc., Glenn Hudgens, Crest Resources 2010, L.L.C and Crest Energy, Ltd. on breach of fiduciary duty, constructive fraud and fraud and deceit theories.

1. Plaintiff Roger M. Wheeler, Jr. (“Wheeler”), is an individual who resides in Tul... More...
   $0 (10-19-2015 - OK)

Del Grosso v. Surface Transportation Board

Diana del Grosso, et al. petitioners") petitioned the Surface Transportation Board
("Board") for a declaratory order that state and local regulations
of a facility owned by Grafton & Upton Railroad Company ("G&U")
were not preempted by the Interstate Commerce Commission
Termination Act ("ICCTA"), Pub L. No. 104-88, 109 Stat. 803. The
Board held that state and local regulations... More...
   $0 (10-19-2015 - MA)

Public Land/Water Access Association, Inc. v. Roger Jones

1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to... More...   $410000 (10-19-2015 - MT)

RUSSELL L. NEWHALL vs. MARCIA ELAINE NEWHALL ROLL

Appeal from the Iowa District Court for Hardin and Butler Counties, Gregg
R. Rosenbladt, Judge. Marcia Roll appeals the district court’s judgment ordering the land owned
by Roll and Russel Newhall to be partitioned by sale. Roll and Newhall were both gifted one parcel of land in Butler County and inherited another parcel in Hardin County, Iowa. The Butler County property is
315.3 ... More...
   $0 (10-18-2015 - IA)

Green Valley Landowners Association v. City of Vallejo

In this class action comprised of nonresident water customers, plaintiff Green Valley Landowners Association filed a complaint seeking to preserve its alleged right to continue receiving water at reasonable rates from an historical water delivery system owned and operated by defendant City of Vallejo (City). The trial court sustained the City’s demurrer as to all 12 causes of action contained in ... More...   $0 (10-18-2015 - CA)

Public Land Assn. v. Jones

Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana.
Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters
Boadle Ranch at the east boundary of the property and travels west where historically it
crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with
Canal Road. Canal Road runs northwest to Pish... More...
   $405000 (10-15-2015 - MT)

Pan Am Systems, Inc. v. Hardenbergh

Basically, plaintiffs are upset because they think four
ANR&P articles — published between December 2009 and March 2011 —
contained false and defamatory statements. Discussing a train
derailment on a Springfield-owned rail line, the first article —
after relying on reports in leading newspapers — quoted a state
official as saying the accident was "'perfectly predictable'"... More...
   $0 (10-13-2015 - ME)

Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an... More...   $0 (10-13-2015 - CA)

Pan Am Systems, Inc. v. Atlantic Northeast Rails and Ports, Inc.

Today's appeal centers on a district judge's decision
kicking out this battle-scarred defamation case on summary
judgment. By way of introduction, plaintiffs are David Andrew
Fink, Pan Am Systems, Inc., and Springfield Terminal Railway
Company. Fink is the former President and CEO of Pan Am, the
parent corporation of Springfield. Defendants are Chalmers
Hardenbergh and Atla... More...
   $0 (10-12-2015 - ME)

Red Boot Production Company, Inc., Barbara Landrum, Widow of Claude John Landrum, Eric Landrum, Matthew Wayne Landrum, Scott Michael Landrum, Dawn Ewing Mills, Tamara Ewing, Sean Ewing, Laura Ewing, J. Patrick Morris Sr., Joseph J. Morris, et al v. Samson Exploration, LLC and SM Energy Company F/K/A St. Mary Land & Exploration Company, et al

In this trespass to try title appeal that concerns oil and gas interests, the parties to the appeal dispute whether the trial court properly granted summary
2
judgment quieting title to a strip of land in use as an irrigation canal. Based on the summary judgment evidence, the trial court determined that a 1908 deed and a 1916 deed conveyed the grantor’s interest in the two tracts to the ce... More...
   $0 (10-01-2015 - TX)

Expressions Hair Design v. Eric T. Schneiderman

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... More...
   $0 (10-01-2015 - NY)

Randy Cole, et al v. Michael Hunter, et al

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.... More...   $0 (09-28-2015 - TX)

Randy Cole v. Michael Hunter

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... More...   $0 (09-25-2015 - TX)

Donald Barry Wilson v. Union Pacific Railroad Company

Claremore, OK - Donald Barry Wilson, individaully and as surviving spouse of Cindy Deanne Wilson, deceased, as surviving natural parent of Kaleb Hunter Wilson, deceased, and as surviving next friend of Victoria r. Wilson, a minor, Betty Jay, as next of kin of Stephanie Lacy Smith, deceased, sued the Union Pacific Railroad Company on negligence wrongful death theories.

The claims made and... More...
   $0 (09-21-2015 - OK)

United States of America v. David E. Hunnicutt

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... More...
   $0 (09-18-2015 - GA)

Gregory Burley v. National Passenger Rail Corp., d/b/a Amtrak

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,... More...
   $0 (09-18-2015 - DC)

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