Charles and Barbara Seber sued Union Pacific Railroad Company
contending that it wrongfully removed the Sebers’ private railroad crossing. The
Sebers claimed a right to use the crossing pursuant to an implied easement by prior
use. The trial court granted summary judgment in favor of the Sebers, declaring
that the Sebers have a right to use the crossing and ordering Union Pacific t... More...   $0 (09-10-2015 - TX)

This is a firefighters’ overtime dispute.
Firefighters and emergency medical personnel of the
Menlo Park Fire Protection District claim that two of the
District’s policies violate the Fair Labor Standards Act. They
claim entitlement to overtime for taking their gear to
temporary duty stations. And they claim that the District’s
system for paying cash in lieu of unused leave... More...   $0 (09-04-2015 - CA)

In this case, which was removed from state court, Kale Flagg (“Flagg”) appeals the dismissal of his complaint against Stryker Corporation (“Stryker”) and Memometal Incorporated (“Memometal”) (collectively, the “Manufacturing Defendants”), and five fictitious insurance companies.1 We conclude that the
1 Although the fictitious insurance companies remain parties in this case, there is no indicat... More...   $0 (09-04-2015 - LA)

This is an oil and gas “retained acreage” dispute concerning the amount of acreage, if any, reverting to the assignors upon the expiration of the primary term of an assignment of four oil and gas leases. Appellants, XOG Operating, LLC and Geronimo Holding Corporation (collectively “XOG”), brought this trespass to try title suit against
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Appellees, Chesapeake Exploration Limited Partnershi... More...   $0 (09-02-2015 - TX)

Benzene was first discovered and isolated from coal tar in the 1800’s but, today, is derived mostly from petroleum. (U.S. Dept. of Health & Human Services, Toxicological Profile for Benzene (2007) [as of Sep. 1, 2015], p. 2 (Benzene Profile).) It is a colorless liquid with a sweet odor that is widely used in the United States in the manufacture of lu... More...   $0 (09-02-2015 - CA)

Congress enacted the 4-R Act in part to “restore the financial stability of the railway system of the United States.” 45 U.S.C. § 801. In crafting this legislation, Congress observed that the railroads “‘are easy prey for State and local tax assessors’ in that they are ‘nonvoting, often nonresident, targets for local taxation,’ who cannot easily remove themselves from the locality.” W. Air Line... More...   $0 (08-30-2015 - TN)

Congress enacted the 4-R Act in part to “restore the financial stability of the railway system of the United States.” 45 U.S.C. § 801. In crafting this legislation, Congress observed that the railroads “‘are easy prey for State and local tax assessors’ in that they are ‘nonvoting, often nonresident, targets for local taxation,’ who cannot easily remove themselves from the locality.” W. Air Line... More...   $0 (08-30-2015 - TN)

On July 27, 2009, Plaintiff, John Strohecker, who is a non-Indian resident of Riverton, Wyoming, was traveling southbound on Wyoming Highway 789 from his home in Riverton to Lander, Wyoming. As Plaintiff passed the parking lot of the Northern Arapaho 789 Smokeshop/Casino, Defendant Gary C’Hair pulled out of the parking lot and struck the vehicle Mr. Strohecker was driving. Mr. C’Hair is an enro... More...   $0 (08-26-2015 - WY)

Plaintiffs Alamo Recycling, LLC (Alamo) and Chino Valley Recycling, LLC (Chino) operate “recycling center[s]” where beverage containers sold in California may be redeemed for their “California Redemption Value.” In this action, plaintiffs sued defendant Anheuser Busch Inbev Worldwide, Inc. and other companies that sell or distribute beverages containers in California (the Beverage Companies or de... More...   $0 (08-25-2015 - CA)

Roanoke, VA - Roanoke Man Sentenced for Stealing Disability Benefits from Railroad Retirement Board

Christopher Mayo to Serve 14 Months in Federal Prison

The owner of Thelma’s Chicken and Waffles, a restaurant located in downtown Roanoke, was sentenced today in the United States District Court for the Western District of Virginia in Roanoke for stealing disability benefits from ... More...   $0 (08-24-2015 - VA)

The facts and procedural history underlying the ruling now before us were described in our previous opinion (Auffret v. Capitales Tours, S.A., (Apr. 24, 2013, H037551) [nonpub. opn.], (Auffret I)) and need be only briefly summarized here. The accident that led to this litigation occurred on April 28, 2009, on Highway 101 in Monterey County. While driving across a bridge the bus operator, John Eg... More...   $0 (08-21-2015 - CA)

Appellant, Kosoco, Inc., challenges the trial court’s order dismissing, for lack of jurisdiction, its inverse-condemnation claims1 against appellee, Metropolitan Transit Authority of Harris County (“Metro”). In three issues, Kosoco contends that the trial court erred in dismissing its lawsuit.
We affirm.
Background
In its original petition, Kosoco alleged that, since 1980, it has opera... More...   $0 (08-20-2015 - TX)

The SeaTac Committee for Good Jobs (Committee) is a coalition of
individuals, businesses, neighborhood associations, immigrant groups, civil rights
groups, faith organizations, and labor organizations. In June 2013, the Committee
circulated a petition to city of SeaTac voters that proposed a set of minimum
employment standards for certain hospitality and transportation employer... More...   $0 (08-20-2015 - WA)

The State charged Cordell with one count of aggravated escape from custody in 2012. During plea negotiations, the district court granted his motion for a presentence
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investigation report (PSI) determining his criminal history. But Cordell pled guilty before the PSI could be prepared.
Before Cordell's sentencing, the PSI was completed. Court services initially calculated his cr... More...   $0 (08-17-2015 - KS)

This appeal challenges summary judgment for claimants establishing title to and use of real property by adverse possession and by prescriptive easement. Finding no genuine issue of material fact, we affirm the trial court.
In June 2011, the appellant/plaintiff Celebration Worship Center ("the church") filed a complaint for declaratory judgment, seeking to determine the boundary line be... More...   $0 (08-12-2015 - IN)

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

The federal district court’s certification order contains a statement of facts relevant to the questions certified. Although our review and ultimate resolution of the questions do not require application of the facts, we set forth that portion of the order to provide context:
(b) Statement of Relevant Facts
1. On June 29, 2012, a wildfire was ignited near Newcastle, Weston County, Wyomin... More...   $0 (08-03-2015 - WY)

Under Oklahoma law, a primary insurer owes its insured a duty to initiate
settlement negotiations with a third-party claimant if the insured’s liability to the
claimant is clear and the insured likely will be held liable for more than its insurance
will cover. Here the insured, SRM, Inc., seeks to extend this obligation to its excess
liability insurer, Great American Insurance Comp... More...   $0 (08-02-2015 - OK)

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...   $0 (07-31-2015 - UT)

In August 2008, the Denver Police Department linked Wilson to a five-year-old
cold case by matching his DNA to evidence recovered from the victim. As a result, the
People charged Wilson with sexual assault, unlawful sexual contact, second-degree
kidnapping, and three habitual offender counts. Wilson pleaded not guilty. When jury
selection began, the court asked prospective ... More...   $0 (07-31-2015 - )

In this insurance-coverage case, the trial court rendered judgment that the insured take nothing based on the jury’s verdict in favor of the insurer. The verdict included a finding that the fire that destroyed the insured’s home was intentionally caused with the insured’s prior knowledge or participation. On appeal, the insured asserts that the trial court reversibly erred in prohibiting her from ... More...   $0 (07-28-2015 - TX)

Wilmington, NC - Dunn Man Sentenced To Life For Narcotics Distribution

James Rodrequias Pressley, 43, of Dunn, North Carolina, was sentenced to life imprisonment followed by 5 years of supervised release. PRESSLEY was convicted by a federal jury on July 30, 2014 on 13 drug related and money laundering counts including Conspiracy to Distribute and Possess with Intent to Distribute 280 gra... More...   $0 (07-28-2015 - NC)

ALBUQUERQUE, NM – Louisa Gabaldon, 44, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to six months in prison followed by six months of home confinement with radio frequency monitoring for her bank fraud conviction. Thereafter, Gabaldon will be on supervised release for five years. Gabaldon also was ordered to pay $118,376.56 in restitution to the victims of her crimi... More...   $0 (07-25-2015 - NM)

In this Jones Act case, Willie David Williams sued Diamond Offshore Services Limited and Diamond Offshore Services Company (collectively, “Diamond Offshore”) for negligence and unseaworthiness arising out of an
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incident in which Williams allegedly injured his back while trying to repair a piece of machinery on board an offshore oil rig owned and operated by Diamond Offshore. The trial co... More...   $0 (07-21-2015 - TX)

Martin began working as a switchman/brakeman for BNSF on July 12, 2004. A
few months later, Martin was promoted to conductor after completing the required
training and exam. In December 2008, Martin was permanently assigned to work on the
conductors’ extra board in Whitefish. The extra board is a list of conductors who fill in
on an as-needed basis for absent workers. Condu... More...   $0 (07-18-2015 - )