Railroad Law
 
Petrella v. Metro-Goldwyn-Mayer, Inc.

The Copyright Act (Act) protects copyrighted works published before1978 for an initial period of 28 years, renewable for a period of up to 67 years. 17 U. S. C. §304(a). The author’s heirs inherit the renewal rights. See §304(a)(1)(C)(ii)–(iv). When an author who has assignedher rights away “dies before the renewal period, . . . the assignee maycontinue to use the original work only if the... More...   $0 (05-19-2014 - DC)

Nancy J. Sherman v. Town of Chester

Hungry Joe packed up his bags and wrote happy letters home.
He had flown the 25 missions required to complete a tour of duty.
But things were not so simple on Catch‐22’s Pianosa island. He soon
discovered that Colonel Cathcart had just raised the number of
missions to 30, forcing Hungry Joe to unpack his bags and rewrite
his happy letters. At the time, Yossarian had flown 2... More...
   $0 (05-16-2014 - NY)

Altavion, Inc. v. KOnia Minolta Systems Laboratory, Inc.

Trade secret protection “ ‘promotes the sharing of knowledge, and the efficient operation of industry,’ ” by “ ‘permit[ting] the individual inventor to reap the rewards of his labor by contracting with a company large enough to develop and exploit it.’ [Citation.]” (DVD Copy Control Assn., Inc. v. Bunner (2003) 31 Cal.4th 864, 878 (DVD Copy Control).) Trade secret law allows the in... More...   $0 (05-08-2014 - CA)

Philip L. Biron v. City of Redding

Plaintiffs Biron Family Living Trust and Philip L. and Julie M. Biron as trustees own a 12-unit apartment building in downtown Redding, California, which they purchased in 2001. In February and March 2009, their property was damaged by flooding during two separate storm events. They filed this action against defendant City

2

of Redding (City), alleging inverse condemnation and danger... More...
   $0 (04-30-2014 - CA)

United States ex rel. CAF Partners et al. v. Amedisys, Inc. et al.

BIRMINGHAM - Amedisys, Inc. and its affiliates (Amedisys) have agreed to pay $150 million to the federal government to resolve allegations that they violated the False Claims Act by submitting false home healthcare billings to the Medicare program, the Department of Justice and U.S. Attorney Joyce White Vance announced today. Amedisys, a Louisiana-based for-profit company, is one of the nation’s... More...   $0 (04-23-2014 - AL)

Scott R. Wolfe v. BNSF Railway Company

Plaintiff-Appellant Scott Wolfe (“Wolfe”) appeals the district court’s order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company (“BNSF”) on Wolfe’s claims under Montana Code Annotated (“MCA”) § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.

FACTUAL AND PROCEDU... More...
   $0 (04-23-2014 - MT)

Northgate Village Development, LC v. Orem City

¶1 Orem City sold a parcel of land to Northgate Village
Development. Northgate spent nearly three million dollars
excavating material buried on the property. Northgate sued the
City, claiming that the City failed to perform its contractual cleanup
responsibilities. The district court granted summary judgment
in the City’s favor and limited Northgate’s recovery to a single<... More...
   $0 (04-17-2014 - UT)

Linda Hopkins v. Jerek Kedzierski

In May 2008, Linda Hopkins fell from an outdoor balcony at the offices of her employer, Perfect Smile Dental Ceramics, Inc. (Perfect Smile). As a result of the injuries 2 she suffered in the fall, she was unable to work. Jurek Kedzierski (Jurek) and Margo Kedzierski (Margo) own Perfect Smile and also own the office building in which Perfect Smile is located.1 Shortly after her accident, Hopkins be... More...   $0 (04-16-2014 - CA)

Karen D. Griffin v. Union Pacific Railroad Company

This is an appeal of a take-nothing judgment entered by the trial court based on a jury’s verdict in a personal injury lawsuit arising from a collision involving an automobile driven by Karen D. Griffin and a Union Pacific Railroad Company train being operated by engineer Kenneth Piper. The sole issue raised on appeal is whether the trial court abused its discretion in denying a challenge for ca... More...   $0 (04-16-2014 - TX)

United States of America v. Andrew Auernheimer a/k/a Weev a/k/a Weelos a/k/a Escher

This case calls upon us to determine whether venue for Andrew Auernheimer’s prosecution for conspiracy to violate the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030, and identity fraud under 18 U.S.C. § 1028(a)(7) was proper in the District of New Jersey. Venue in criminal cases is more than a technicality; it involves “matters that touch closely the fair administration of crimi... More...   $0 (04-11-2014 - NJ)

State of Oklahoma v. Joshua Scott Mooney

Tulsa, Oklahoma - The State of Oklahoma charged Joshua Scott Mooney, age 16, with:

Count # 1.
Count as Filed: HM11, MURDER - FIRST DEGREE , in violation of 21 O.S. 701.7
Date Of Offense: 12/17/2012

Party Name: Disposition Information:

MOONEY, JOSHUA SCOTT
Disposed: CONVICTION, 04/04/2014. Guilty Plea.
Count as Disposed:MURDER - FIRST DEGREE (HM11)<... More...
   $0 (04-05-2014 - OK)

United States of America v. Andrea Michelle Tellison

HOUSTON, TEXAS – Andrea Michelle Tellison, 47, has been convicted today of 14 counts of health care fraud and seven counts of aggravated identity theft, announced United States Attorney Kenneth Magidson. The jury returned its verdicts this afternoon following three days of trial and less than two hours of jury deliberation.

Tellison, the director of operations, chief compliance officer an... More...
   $0 (04-02-2014 - TX)

Raymond Bloch v. SAVR Communications, Inc.

These appeals arise from a dispute over recovery of benefits provided under a written employment agreement in the event of an employee’s termination. There are two principal issues we must decide: (1) whether the Texas Workforce Commission (TWC) acted contrary to the Texas Payday Act in concluding that the disputed benefits were not “severance pay” that the employee could recover through an ... More...   $0 (03-20-2014 - TX)

Teal Trading and Development, L.L.P. v. Champee Springs Ranches Property Owners Association

Teal Trading and Development, LP appeals from the trial court’s declaratory judgment in favor of Champee Springs Ranches Property Owners Association. The trial court’s judgment declared that Teal Trading was estopped by deed to challenge the validity and enforceability of a property restriction within its chain of title. On appeal, Teal Trading contends the trial court erred by granting Champe... More...   $0 (03-19-2014 - TX)

United States of America v. John Wilhelm Myre

John Wilhelm Myre, 55, of Garretson, South Dakota, pleaded guilty yesterday to negligent endangerment under the Clean Air Act, U.S. Attorney Wendy J. Olson announced. Myre was charged by information on February 3, 2014.

According to the plea agreement, Myre admitted that between January 25 and 29, 2013, he was the supervisor of approximately five laborers for Dakota Southern Railroad. While... More...
   $0 (03-19-2014 - ID)

The People v. Steven Edward Gray

Statutory law allows a city to install at an intersection an automated traffic enforcement device that photographs a traffic law offender, who is then issued a citation, as was defendant, who went through a red light in Culver City and was later convicted of violating the red light traffic law (Veh. Code, § 21453, subd. (a); all further undesignated statutory references are to the Vehicle Code). ... More...   $0 (03-13-2014 - CA)

THE ESTATE OF TROY ELLIS HAAKENSON, By and Through its Administrator Melissa Haakenson, MELISSA HAAKENSON, as Parent and Next Best Friend of STEVEN HAAKENSON and KRISTINA HAAKENSON, and MELISSA HAAKENSON, Individually, Plaintiffs-Appellants, vs. CHICAGO CENTRAL & PACIFIC RAIL ROAD COMPANY d/b/a ILLINOIS CENTRAL GULF RAILROAD COMPANY, GEORGE PETERSON JR. and RICK MABE, Defendants-Appellees.

Melissa Haakenson, on behalf of the estate of her deceased husband Troy Haakenson, as parent and next best friend of her children, and in her individual capacity, filed suit against the Chicago, Central & Pacific Railroad Company, d/b/a the Illinois Central Gulf Railroad Company (“Chicago Central”), as well as two of its employees, George Peterson Jr. and Rick Mabe (collectively, hereinafter ... More...   $0 (03-12-2014 - IA)

L.H. V. Texas Department of Family and Protective Services

L.H., who is the maternal grandmother of B.M.R. and E.N.W., appeals from the trial court’s order of dismissal granting the plea to the jurisdiction of appellee Texas Department of Family and Protective Services (the Department).1 For the reasons that follow, we affirm the trial court’s order.

BACKGROUND

The Department filed its original petition in December 2011 seeking to termin... More...
   $0 (03-06-2014 - TX)

The Estate of H. Kent Dahlke v. Jay D. Dahlke

[¶1] The Estate of J. Kent Dahlke included a checking account he held jointly with his surviving wife Sara Dahlke. There were irregularities in the administration of the estate, including failure to assure that the heirs waived a hearing on a decree of distribution, and failure to advise Sara Dahlke of her statutory elective share. Sara served as the personal representative of Kent’s estate. Af... More...   $0 (02-25-2014 - WY)

Alan Harris v. Arkansas-Oklahoma Railroad, Inc.

Comes now Alan Harris, Plaintiff, complaining of Arkansas-Oklahoma Railroad, Inc. (“AOK”), hereinafter referred to as Defendant and for cause of action would show unto this Honorable Court as follows:

1, Plaintiff Alan Harris, at all times material hereto, was a railroad worker.

2. Defendant AOK, at all times material hereto, was and is a railroad corporation doing business i... More...
   $0 (02-24-2014 - OK)

Dominique Brisker v. State of Indiana

Dominique Brisker appeals the revocation of his probation. Brisker raises one issue, which we restate as whether the evidence is sufficient to support the revocation of his probation. We affirm.

FACTS AND PROCEDURAL HISTORY

In May 2009, the State charged Brisker with dealing in cocaine as a class B felony and escape as a class C felony. In August 2009, Brisker pled guilty, and, in Se... More...
   $0 (02-17-2014 - IN)

Blumberg Associates Worldwide, Inc. v. Brown & Brown of Connecticut, Inc.

This case requires us to determine when
a reviewing court properly may raise and decide an
issue that was not raised by the parties. The plaintiff,
Blumberg Associates Worldwide, Inc., brought this
action against the defendants, Brown and Brown of
Connecticut, Inc. (Brown & Brown), and Brown and
Brown, Inc. (parent company), alleging, inter alia, that
the defendants had... More...
   $0 (02-17-2014 - CT)

Estate of Vera Boulier v. Presque Isle Nursing Home

[¶1] The Estate of Vera Boulier appeals from a judgment entered in the Superior Court (Aroostook County, Hunter, J.) in favor of Presque Isle Nursing Home (PINH), following a jury’s determination that PINH was not liable for Boulier’s death, which resulted from a fall on PINH’s premises. The Estate contends that the court erred in excluding evidence of remedial measures taken by PINH after ... More...   $0 (02-13-2014 - ME)

James R. Baker v. Charles E. Hightower

James Baker and Linda Baker (the Bakers) filed a declaratory judgment action asking the trial court to determine the location of an express easement reserved by their predecessors in title over property owned by Walnut Bowls, Inc. (Walnut Bowls). 2 Walnut Bowls’ answer alleged two affirmative defenses: (1) the easement was abandoned; and (2) the easement was extinguished by adverse possessio... More...   $0 (02-11-2014 - MO)

Craig Mulford v. Union Pacific Railroad

This is an appeal from a negligence action brought pursuant to the Federal Employer’s Liability Act by appellant, Craig L. Mulford. Below, a jury found that respondent, Union Pacific Railroad (UP), was not negligent and Mulford’s claims against UP were dismissed. Mulford timely appealed. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 2009, Mulford, a machinist employed ... More...
   $0 (02-10-2014 - ID)

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