Don Currie, age 48, sued the Union Pacific Railroad on a Federal Employees Liability Act (FELA) negligence theory claiming that he suffered permanent injuries to his lower back while working for the Railroad as a track welder. Plaintiff claimed to have begun having back problems in the early 2000s, and an MRI in 2007 showed the Villa Grove man had a herniated disc. He claimed that his work repeate... More...   $1050000 (02-26-2013 - IL)

This appeal tests the boundaries of federal-question subject matter jurisdiction. The issue is whether a claim for breach of a longterm requirements contract for wholesale electricity arises under federal law or state law. We conclude that the claim arises under state law, that the district court therefore lacked jurisdiction to enter its preliminary injunction, and that the case should be remande... More...   $0 (02-22-2013 - IN)

This appeal arises from a negligence action brought by the plaintiff, Catherine O. Duncan, against the defendants, Mill Management Company of Greenwich, Inc. (management company), and the Greenwich Chateau Condominium Association (condo- minium association), after the plaintiff fell and was injured when stepping down from the roof deck of the Greenwich Chateau Condominiums (condominium building), ... More...   $0 (02-21-2013 - CT)

Anthony Araujo filed a complaint in the United States District Court for the District of New Jersey alleging that he was disciplined by New Jersey Transit Rail Operations, Inc. (“NJT”) in retaliation for his participation in an activity protected by the Federal Rail Safety Act, 49 U.S.C. § 20109 (“FRSA”). Specifically, Araujo reported an emotional injury after he witnessed a fatal acciden... More...   $0 (02-19-2013 - NJ)

Robert Dannels sued BNSF on a negligence FELA theory claiming that he suffered a debilitating neck injury while working for the Defendant as a direct result of working conditions at his place of employment.

Robert Dannels claimed he suffered a spinal injury was a result of being assigned work that caused trauma over the course of his career, which ended when the skid steer he was driving... More...   $1700000 (02-16-2013 - MT)

This is an appeal from a final judgment in a wrongful death action. The appellant, Luz Chavez, argues the trial court erred in enforcing a settlement agreement and in rendering judgment based on the settlement agreement. We reverse and remand to the trial court for further proceedings consistent with this opinion.

BACKGROUND

Chavez’s husband and son died when a motor vehicle and a ... More...   $0 (02-15-2013 - TX)

¶1 The United States District Court for the Eastern District of Oklahoma certified four questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2011 §§1601-1611, seeking clarification concerning the remedies available to a plaintiff who brings an excessive force lawsuit pursuant to the Okla. Const. art. 2, §30.4 We have reformulated the questions into... More...   $0 (02-12-2013 - OK)

2 Plaintiffs appeal from a general judgment dismissing their interference with
3 economic relations, conversion, and unjust enrichment claims. Plaintiffs assign error to
4 the trial court's grant of defendant's motion for summary judgment. Because we conclude
5 that plaintiffs demonstrated sufficient evidence for a trial on their interference with
6 economic relations, conversion, ... More...   $0 (02-06-2013 - OR)

In this appeal, we must determine under Iowa’s laws relating to drainage districts, who is responsible for the costs to repair and improve old underground drainage tiles which run under a railroad roadbed. Hardin County Drainage District 55 (Hardin County) argues that the Union Pacific Railroad Company (Union Pacific) should be responsible for repair of a subterranean drainage tile found under i... More...   $0 (02-01-2013 - IA)

Allianz Life Insurance Company of North America (“Allianz”) appeals from a final order of the U.S. District Court for the Middle District of Georgia granting judgment in favor of Terry Duckworth (“Duckworth”) on his claim that Allianz miscalculated the monthly benefit to which he was entitled under a long-term disability insurance policy (“the policy”). Allianz contends that the Distri... More...   $0 (01-30-2013 - GA)

The common law theory of continuous accrual posits that a cause of action challenging a recurring wrong may accrue not once but each time a new wrong is committed. We consider whether the theory can apply to actions under the unfair competition law (Bus. & Prof. Code, § 17200 et seq.; hereafter UCL) and, if so, whether it applies here to save plaintiff Jamshid Aryeh‟s suit from a limitations ba... More...   $0 (01-26-2013 - CA)

¶1 Among other issues, George C. Landrith Jr. appeals the trial court’s denial of his motion for summary judgment and its grant of partial summary judgment in favor of the Osmond Lane Homeowners Association. Additionally, Landrith appeals the trial court’s grant of the Association’s motion for a directed verdict on several of his defenses. We affirm.

BACKGROUND

¶2 In 1977, a ... More...   $0 (01-25-2013 - UT)

Kay Y. Smyth, as personal representative of the Estate of Edward E. Smyth, Jr., appeals a summary final judgment in favor of Infrastructure Corporation of America (ICA) and the Florida Department of Transportation (DOT). This case involves a tragic automobile accident in which Mr. Smyth died. As explained below, his Estate maintains that the accident was caused by the negligence of the operator of... More...   $0 (01-25-2013 - FL)

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral... More...   $0 (01-24-2013 - PA)

[¶1.] On July 12, 2011, the trial court granted Kevin Schieffer and Carmen Schieffer a divorce on grounds of irreconcilable differences. In its judgment and decree of divorce, the trial court denied Carmen’s request to relocate to New York City with the minor children, granted Kevin and Carmen joint legal and physical custody of the minor children, implemented a custody schedule, ordered Kevin ... More...   $0 (01-23-2013 - SD)

[¶1] J. Cole Harris and P. Daphne Harris appeal from a judgment of the Superior Court (Cumberland County, Warren, J.) in favor of The Woodlands Club and The Woodlands Homeowners Association (collectively, the Woodlands). In their complaint, the Harrises allege that the Woodlands tortiously discharged surface water onto their property causing flooding and an increase in wetland. The Harrises chall... More...   $0 (01-20-2013 - ME)

Defendant appeals a general judgment that condemns real property that she owns, vests title to that property with the City of Harrisburg, and awards her compensation for the taking, and from a supplemental judgment that allows an award of part of her attorney fees and costs. Defendant contends that the trial court erred in awarding just compensation for only the fair market value of the land that ... More...   $0 (01-16-2013 - OR)

¶1 Mark and Rachel Hall appeal three rulings of the district court, a January 3, 2011 order granting their motion for attorney fees, a January 31, 2011 order denying their motion for treble damages and a July 6, 2011 order denying their motion for additional attorney fees. We dismiss this appeal for lack of appellate jurisdiction because the orders appealed lack the finality required for appellat... More...   $0 (01-15-2013 - OK)

The plaintiffs, Joseph Fortin, Samuel Kofkoff, Robert Kofkoff and Kofkoff Egg Farm, LLC, in this civil action concerning insurance benefits appeal from the summary judgment rendered in favor of the defendant North River Insurance Company.1 The plaintiffs claim that the court improperly (1) granted the defendant’s motion to preclude testimony from one of the plaintiffs’ witnesses, (2) granted s... More...   $0 (01-10-2013 - CT)

The sole issue in this certified appeal is whether a motorist, who is lawfully stopped in his own lane of travel while awaiting an opportunity to make a left turn, owes a legal duty to oncoming motorists to keep the wheels of his vehicle straight to ensure that he will not be propelled into the travel lane of oncoming traffic in the event that another motorist crashes into him from behind. The de... More...   $0 (01-10-2013 - CT)

This case does not come to us as a stranger. At the turn of the century, the Massachusetts legislature passed a law that created fixed and floating buffer zones around abortion clinics. We rejected serial challenges to the constitutionality of that law. See McGuire v. Reilly (McGuire I), 260 F.3d 36 (1st Cir. 2001) (rejecting facial challenge); McGuire v. Reilly (McGuire II), 386 F.3d 45 (1st Cir... More...   $0 (01-09-2013 - MA)

This is an eminent domain proceeding involving the City of Wichita's condemnation for highway purposes of a tract of land owned by Kenneth Denton and located on the northwest corner of the intersection of Kellogg and Rock Roads. Clear Channel Outdoor, Inc., leased from Denton approximately 500 square feet of the property for operation of a double-sided, tri-vision billboard. The tract was valued a... More...   $0 (01-04-2013 - KS)

In this breach of contract case, Robert Hardister claims that Seasha Pools, Inc. ("Seasha Pools") is liable for the cost of repairing the pool it constructed on Hardister's property. After a bench trial, the trial court found that Seasha Pools had breached the contract, but that there was insufficient evidence concerning the cost of repairing the pool. Consequently, the trial court concluded that ... More...   $0 (01-01-2013 - TX)

Appellants, Heritage on the San Gabriel Homeowners Association, Hutto Citizens Group, Mount Hutto Aware Citizens, Mahlon Arnett, Robbi Arnett, TJFA, L.P., and Jonah Water S.U.D. (collectively, the "Hutto landowners"), challenge the district court's judgment affirming the Texas Commission on Environmental Quality's ("TCEQ") decision to grant a permit to Williamson County to expand its landfill, whi... More...   $0 (12-28-2012 - )

The City of Houston appeals the trial court’s judgment dismissing, without prejudice, the City’s claims against CenterPoint Energy Houston Electric, LLC. In two issues, the City contends that the trial court erred by granting CenterPoint’s plea to the jurisdiction.

We affirm.

Background

CenterPoint is a regulated utility in the business of transmitting and distributing e... More...   $0 (12-24-2012 - TX)