Railroad Law
 
Consolidate Oil Well Services, L.L.C. v. Dakota Exploration, L.L.C.

Consolidate Oil Well Services, L.L.C. sued Dakota Exploration, L.L.C. on a breach of contract theory.

The specifics of the claims made are not available.

1. Defendant admits the allegations contained in paragraph 1 of Plaintiff’s Petn.

2. Defendant admits the allegations contained in paragraph 2 of Plaintiffs Ped3cn.

3. Defendant admits the allegations as to venue and... More...
   $1 (10-19-2013 - OK)

Brian Gobble v. Chesapeake Energy Corporation

¶1 We affirm the trial court's grant of summary judgment in this premises liability case. The owner of the premises, Chesapeake Energy Corporation, did not owe a duty in connection with the operation of the crane involved in the accident. Although Chesapeake exercised some control over the schedule for completing the construction project, and the site plan designating the work zones, the instrume... More...   $0 (10-11-2013 - OK)

Warren Whisenhunt v. Matthew Lippincott and Creg Parks

Warren Whisenhunt sued Matthew Lippincott and Creg Parks for defamation, tortious interference with existing business relationships, tortious interference with prospective business relationships, and civil conspiracy. Lippincott and Parks sought dismissal of these claims pursuant to the recently-enacted Texas Citizens Participation Act (TCPA), also known as the Anti-SLAPP1 statute, which is contai... More...   $0 (10-10-2013 - TX)

James Carver v. Nassau County Interim Finance Authority

Plaintiffs, representatives of various Nassau County police unions, brought suit to contest a wage freeze imposed in 2011 on Nassau County employees, including police officers, by the Nassau Interim Finance Authority (“NIFA”), a public benefit corporation formed by the New York State Legislature in 2000 in 3 response to the County’s unstable financial condition. The defendants are NIFA, Nass... More...   $0 (09-27-2013 - NY)

Equal Employment Opportunity Commission v. BOH Brothers Construction Company, L.L.C.

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothers”). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOC”) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, to almost-daily verbal... More...   $0 (09-27-2013 - TX)

Stanley Kolbe v. BAC Home Loans Servicing, L.P.

This is a contract dispute over the terms of a mortgage contract between the borrower, plaintiff-appellant Stanley Kolbe, and the servicer of his loan, defendant-appellee BAC Home Loans Servicing, LP ("BAC" or "the Bank"). Kolbe sued the Bank in a putative class action for damages alleged to have arisen out of the Bank's requirement that he maintain flood insurance in an amount sufficient to cover... More...   $0 (09-27-2013 - MA)

Bobbi Klutschkowski v. Peacehealth

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...
   $0 (09-26-2013 - OR)

Thomas A. Atwater v. Mitchell D. Chester

Appellant Thomas Atwater sought review of his dismissal from his teaching position in the Manchester-Essex Regional School District ("School District"), first in Massachusetts state court and then in Massachusetts federal district court. Concluding that Atwater's claims were barred by res judicata, the district court granted summary judgment in favor of Appellees, the School District and the Massa... More...   $0 (09-20-2013 - MA)

Rock River Communications, Inc. v. Universal Music Group, Inc.

This case concerns the licensing rights for several early musical recordings by reggae legends Bob Marley and the Wailers. When the music was initially recorded in Jamaica in the 1960s, record keeping was not a primary concern. The absence of legal documentation has led to confusion in the marketplace as to which entities own licensing rights for these recordings.

Defendants Universal Mus... More...
   $0 (09-18-2013 - CA)

Brian Rector v. Sand Springs Railway Company

Brian Rector sued the Sand Springs Railway Company on a Federal Employers Liability Act theory (FELA) claiming to have been injured and/or damages while employed by Defendant.

1. At all times material Plaintiff Mr. Rector was a resident of Tulsa County, State of Oklahoma.

2. At all times material Defendant Sand Springs Railway Company was a domestic for profit business corporation co... More...
   $0 (09-11-2013 - OK)

Pamela Parrett Jones v. Tate Family Trust

Pamela Parret Jones, Johnny Parret and Alen D. Parret sued the Tate Family Trust on a quiet title theory claiming:

1. That plaintiffs, Pamela Parret Jones, Johnny Parret, and Alen D. Parret, are the owners as tenants in common of the fee simple title to and are in peaceable possession of the following described real property situated in Adair County, Oklahoma, to-wit: Tract 1:

A tra... More...
   $0 (09-07-2013 - OK)

City of Houston v. BCCA Appeal Group, Inc.

The present dispute requires us to determine the constitutionality of a home-rule city’s ordinance which purports to regulate air pollution within that city’s

2

borders. The BCCA1 Appeal Group, Inc. (the Group), a non-profit organization whose members own and operate industrial facilities in the Houston area, brought suit to enjoin enforcement of two air pollution control ordinan... More...
   $0 (08-29-2013 - TX)

State of Oklahoma v. Richard Eugene Parker

Tulsa criminal defense lawyer Barrett Kent Holder represented Richard Eugene Parker who was charged with:

Count # 1. Count as Filed: BRG2, BURGLARY - SECOND DEGREE , in violation of 21 O.S. 1435 Date Of Offense: 11/25/2011

Party Name: Disposition Information: PARKER, RICHARD E... More...
   $0 (08-21-2013 - OK)

Adrian A. Bart v. Union Pacific Railroad Company

Adrian A. Bart and Connie Lumeyer sued Union Pacific Railroad Company on a negligence theory.

1. Plaintiff Adrian A. Bait (“Adrian”), at all times relevant to the claims alleged herein, was an individual residing in the City of Bixby, Tulsa County, State of Oklahoma and is a current resident of the State of Oklahoma.

2. Plaintiff Connie Lumeyer (“Connie”), at all times releva... More...
   $0 (08-19-2013 - OK)

Hale Land and Cattle Company, Inc. v. Silvaris Corporation, d/b/a Low Grande Lumber and Alcalosa Forwarding, Inc.

This consolidated interlocutory appeal and petition for writ of mandamus arise out of the realignment of parties for purposes of trial and denial of Hale Land and Cattle Company’s motion to transfer venue. Because we conclude Hale affirmatively waived any objection to the request for

04-13-00083-CV & 04-13-00320-CV

realignment which forms the basis of its venue challenge, we overru... More...
   $0 (07-31-2013 - TX)

Randall Keith Hampton v. County of San Diego

In November 2009, a vehicle that Randall Keith Hampton was driving collided with another vehicle at an intersection in Valley Center. Hampton and his wife sued the driver of the other vehicle as well as the County of San Diego (County).1 The Hamptons brought claims against the County for dangerous condition of public property (Gov. Code, § 835 et seq.)2 (fourth cause of action) and loss of consor... More...   $0 (07-26-2013 - CA)

Texas Department of Public Safety v. Raul Rene Castro

Appellant, Texas Department of Public Safety (the Department), suspended the driver’s license of Appellee, Raul Castro. After an administrative law judge (ALJ) sustained suspension of Appellee’s driver’s license, Appellee challenged the ALJ’s ruling by filing an appeal in the County Court at Law. Finding no reasonable basis in the record for the agency’s action and no substantial evidenc... More...   $0 (07-24-2013 - TX)

Kathleen M. Ah Quin v. County of Kauai Department of Transportation

Plaintiff Kathleen M. Ah Quin contends that her employer, Defendant County of Kauai Department of Transportation, discriminated against her because she is a woman. While pursuing this action, however, Plaintiff filed for Chapter 7 bankruptcy protection and initially failed to list this action in her bankruptcy schedules. The district court held that judicial estoppel prohibits her from proceeding ... More...   $0 (07-24-2013 - HI)

Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey

In this trade secret case, Southwestern Energy Production Company (Sepco) appeals a judgment for almost $40 million, including attorney‘s fees, rendered in favor of Toby Berry-Helfand and Gery Muncey after a jury trial. Sepco raises five issues on appeal. We reverse and render in part, affirm in part, and remand the cause for determination and award of attorney‘s fees due Sepco as the prevaili... More...   $0 (07-19-2013 - TX)

Eugene Sokolowsel v. Metropolitan Transportation Authority

This case concerns the scope of a district court’s review of a special adjustment board decision made pursuant to the Railway Labor Act (“RLA”), 45 U.S.C. § 151 et seq. Plaintiff- Appellant Eugene Sokolowski and his former employers, Defendants-Appellees the Metropolitan Transportation Authority and its subsidiaries the MTA Metro-North Railroad and MTA Metro-North Commuter Railroad (collect... More...   $0 (07-11-2013 - NY)

James Coleman v. Soccer Association of Columbia

Thirty years ago, in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), this Court issued a writ of certiorari to decide “whether the common law doctrine of contributory negligence should be judicially abrogated in Maryland and the doctrine of comparative negligence adopted in its place as the rule governing trial of negligence actions in this State.” In a compr... More...   $0 (07-09-2013 - MD)

CMA-CGM (America), INC v. Empire Truck Lines, INC

Appellant CMA-CGM (America) Inc. appeals the trial court’s final summary judgment order. We affirm.

BACKGROUND

In October of 2003, while Hector Aguirre (a Texas resident) was working as an independent truck driver for appellee Empire Truck Lines, Inc. (a Texas corporation), he was directed by Empire to transport cargo from Longview, Texas to the Port of Houston. At the Port, he... More...
   $0 (07-09-2013 - TX)

Sony BMG Misic Entertainment v. Joel Tenenbaum

Joel Tenenbaum illegally downloaded and distributed music for several years. A group of recording companies sued Tenenbaum, and a jury awarded damages of $675,000, representing $22,500 for each of thirty songs whose copyright Tenenbaum violated. Tenenbaum appeals the award, claiming that it is so large that it violates his constitutional right to due process of law. We hold that the award did not... More...   $0 (06-25-2013 - MA)

Alaska Rent-A-Car v. Avis Budget Group, Inc. fka Cendant Corporation

Several state law questions arise in this appeal, and three federal law questions, whether expert testimony should have been excluded under Daubert1, whether disallowance of a

ALASKA RENT-A-CAR V. AVIS BUDGET GROUP 5

2 Batson v. Kentucky, 476 U.S. 79 (1986).

3 Alaska Civil Procedure Rule 82.

4 “We recount the relevant facts in the manner most favorable to the ... More...
   $0 (06-21-2013 - AK)

Oncor Electric Delivery Company LLC v. Public Utility Commission of Texas

Oncor Electric Delivery Company LLC sued for judicial review of a final order issued by the Public Utility Commission denying the recovery of certain rate-case expenses under the Public Utility Regulatory Act (PURA).1 See Tex. Util. Code §§ 11.001-66.016. The district court affirmed the Commission’s final order. In its order, the Commission found that Oncor was entitled to recover its reasonab... More...   $0 (06-14-2013 - TX)

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