[¶1] This opinion encompasses three separate appeals that involve two appellants, but all challenge the same Laramie ordinance. While the appeals have not been consolidated, we join them for the purpose of opinion. The appellants, Raymond Sandoval (Sandoval) and Stacey L. Nelson (Nelson), challenged the validity of Laramie Enrolled Ordinance 1592 in their contested case hearings regarding the sus... More...   $0 (12-19-2012 - WY)

St. Agnes Academy, Sharpstown Civic Association, and Clarewood House Residents Association (collectively "Protestants") contested the application of Club Bellaire, Inc. d/b/a El Corral ("Club Bellaire") for a permit to sell alcoholic beverages in the vicinity of Protestants' properties. See Tex. Alco. Bev. Code Ann. § 5.435 (West 2007) (public participation in licensing or permitting hearings). ... More...   $0 (12-14-2012 - TX)

Larry Abt (Claimant) appeals from the final award of the Labor and Industrial Relations Commission (Commission) denying him permanent total disability benefits from Mississippi Lime Company (Employer)1 and the Second Injury Fund (Fund), awarding him permanent partial disability benefits from Employer and the Fund,2 and ordering Employer to reimburse Claimant for certain medical expenses. Claimant ... More...   $0 (12-13-2012 - MO)

Railroad Signal International, LLC sued A Greater Austin Development Company, Ltd. on a breach of contract theory.

The claimed made by Plaintiff are not available.

Defendant appeared, answered and counterclaimed.

The defenses asserted and claims made by Defendant in its counterclaim are not available.... More...   $1 (12-10-2012 - OK)

{1} In the practice of law, there is no higher duty than one’s loyalty to a client. This duty applies to current and former clients alike. In this case, we are called upon to interpret this duty in light of Rule 16-110(C) NMRA of the Rules of Professional Conduct regarding the imputation of conflicts of interest to law firms. In interpreting and applying the rule to this case, we hold that when ... More...   $0 (12-06-2012 - NM)

James Castleberry, Jr. sued BNSF Railway Company on a negligence theory claiming:

1. Defendant is a corporation duly organized and existing under the law and Defendant is engaged in the business of operating a railway system in interstate commerce and in the transportation of freight by railroad in interstate commerce, and Defendant engages in such business in Cleveland County, State of Okl... More...   $1 (12-02-2012 - OK)

Appellant, Elizabeth Helbing, challenges the trial court’s rendition of summary judgment in favor of appellees, Oliver Alan Hunt and John William Deaver, in her suit against them for negligence.1 In two issues, Helbing contends that the trial court erred in granting Hunt and Deaver summary judgment on the ground that they did not owe her a duty of reasonable care.

We reverse and remand.More...   $0 (12-01-2012 - TX)

This appeal concerns rights to groundwater contained in the Santa Maria Valley Groundwater Basin (Basin). The Basin suffered severe water shortages beginning around the 1930‟s but the importation of water from outside the watershed and the local City of Santa Maria et al. v. Richard E. Adam et al., Golden State Water Company et al. (No. H033544); City of Santa Maria et al. v. Richard E. Adam et ... More...   $0 (11-24-2012 - CA)

Following a bench trial in the U.S. District Court for the District of Maine, Defendant-Appellant James M. Cameron ("Cameron") was convicted of thirteen counts for crimes involving child pornography. Cameron now appeals, challenging various rulings by the district court before and after the trial. The challenged rulings include: (1) the denial of a motion to dismiss the indictment for insufficien... More...   $0 (11-14-2012 - ME)

The State of Oklahoma charged Jared Alan Hudley with second degree burglary in violation of 21 O.S. 1435; knowingly concealing and/or receiving stolen property in violation of 21 O.S. 1713; and tampering with an automobile in volation of 21 O.S. 1787.

Title 21 O.S. 1435 provides:

Every person who breaks and enters any building or any part of any building, room, booth, tent, railr... More...   $0 (11-06-2012 - OK)

On October 8, 2007, Renardo Lynch was injured while working at a jobsite as a mechanic for Metropolitan Rail (Metra), when the top rail of a chain-link fence he was installing fell and struck him on the back of his neck and shoulders. Lynch filed a complaint under the Federal Employers’ Liability Act (FELA) seeking damages against Northeast Regional Commuter Railroad Corporation, doing business ... More...   $0 (10-29-2012 - IL)

On May 5, 1992, Rene Vernon executed a warranty deed transferring title to certain real property to Raymond W. Shaw. The property is described as Tract Three-B-Thirty-Four (3-B-34), W.F. Hagan Survey, No. 146, in El Paso County (the “Property�). On the same date, Ms. Vernon sent a letter to Judy Paul at 333 Holguin in Vinton, Texas, stating:

This letter is to inform you that tha [si... More...   $0 (10-26-2012 - TX)

Mark Menard and Carol Menard appeal from a district court order dismissing their complaint for failure to state a claim and denying their motion to amend the complaint. Mark Menard, whom we refer to as "Menard," was permanently injured while crossing through a railroad freight yard; the district court ruled that his complaint against CSX Transportation, Inc. ("CSX") failed to assert sufficient fa... More...   $0 (10-25-2012 - MA)

Plaintiff-Appellant Bridget Smith worked for Rail Link, Inc. (“Rail Linkâ€�) as a freight operator at the Belle Ayre Mine in Wyoming. She was injured on the job, and subsequently sued Rail Link and its corporate parent Genessee & Wyoming, Inc. (“GWIâ€�) in federal district court, asserting that the companies were liable for her injuries under the Federal Employers Liability Act (“FELAâ€�). F... More...   $0 (10-24-2012 - WY)

This case arises from various disputes between a landlord and tenant. The landlord is Ms. Heller, the counterclaimant-appellant herein, and the tenant is Sola Salon Studios, Inc. (“Solaâ€�), the appellee herein. Only one of the parties’ many claims and counterclaims is before this court. All that is left for our resolution is a determination *This order and judgment is not binding precedent, e... More...   $0 (10-22-2012 - CO)

Paul Junod used Illinois Central Railroad on a FELA violation theory claiming that an Illinois Central supervisor ordered him to use inadequate tools an equipment to made repairs and, as a direct result, he fell from a platform and was seriously injured. He claimed that he suffered multiple fractures to his left wrist and suffered nerve injuries in his left hand and arm with the result that he su... More...   $1100000 (10-20-2012 - IL)

Appellee, Lexington Insurance Company (“Lexington�), moved for rehearing of our April 19, 2012 opinion. We grant the motion for rehearing, withdraw our April 19, 2012 opinion and judgment, and issue this opinion and judgment in their stead. Our disposition remains the same. We dismiss Lexington’s May 21, 2012 motion for en banc reconsideration as moot.1

Appellant, Javier Alvarado, s... More...   $0 (10-18-2012 - TX)

The principal issue in this certified appeal is whether Connecticut’s Dram Shop Act (act),1 General Statutes § 30-102,2 requires a plaintiff to prove that a patron was visibly or otherwise perceivably intoxicated3 when sold alcoholic liquor in order to prevail on a claim against the purveyor of alcoholic liquor for injuries sustained as a result of the patron’s intoxication.

The plaint... More...   $0 (10-08-2012 - CT)

After respondent Food Safety Net Services (Food Safety) sought to recover its fee from appellant Eco Safe Systems USA, Inc. (Eco Safe) for performing a study of Eco Safe‟s food disinfection equipment, Eco Safe asserted a cross-complaint against Food Safety for breach of contract, negligence, fraud, and related claims. The trial court granted summary judgment in favor of Food Safety on Eco Safeâ€... More...   $0 (10-04-2012 - CA)

Appellant Hans Harris (“Appellantâ€�) appeals the trial court’s grant of Appellee BSNF Railway Company’s (“Appelleeâ€�) motion for summary judgment as to Appellant’s cause of action for violation of the Locomotive Inspection Act.[1] Appellant’s sole issue is that the trial court erred in granting Appellee’s summary judgment motion, as a matter of law, by finding that a defective fue... More...   $0 (10-04-2012 - TX)

17 Defendant Brandon Jones, a former officer in the Utica Police Department, appeals from
18 the judgment of the United States District Court for the Northern District of New York (Hurd,
19 J.), entered pursuant to a jury verdict, awarding compensatory and punitive damages to Plaintiff
20 James Edward Payne on his claims against Jones of excessive force and battery. Jones contends
... More...   $0 (10-03-2012 - NY)

This appeal raises the issue of whether a non-assignable annuity contract that provides
17 the spouse of an institutionalized person with monthly payments counts as an excess resource
18 that must be spent down before the institutionalized person can receive Medicaid benefits under
19 the Medicare Catastrophic Coverage Act of 1988 (“MCCA�). Before the United States District
20 ... More...   $0 (10-02-2012 - CT)

Roce Lopez appeals the trial court’s summary judgment in favor the Texas Workforce Commission and La Madeleine of Texas, Inc. Lopez’s claim for unemployment benefits was denied by TWC. She appealed the decision to the district court. TWC and La Madeleine filed a joint motion for summary judgment, and the trial court granted it. In her sole issue, Lopez contends that the trial court’s grant o... More...   $0 (09-27-2012 - TX)

More than 4 years after Osage City had authorized contracts to participate in a federal rails-to-trails project, Bissessarnath Ramcharan-Maharajh submitted petitions seeking to put the project before the voters for approval—or disapproval—in a referendum. But referendums are available in Kansas only when specifically authorized by statute, and no statute authorized the referendum Ramcharan sou... More...   $0 (09-26-2012 - KS)

Milford-Bennington Railroad Company, Inc. ("MBR") appeals an award of summary judgment to Pan Am Railways, Inc.; Boston and Maine Corporation; and Springfield Terminal Railway Company (collectively, "Pan Am") in a dispute arising from Pan Am's actions under a contract to provide MBR with access to Pan Am's railroad tracks. The district court held that Pan Am did not breach its duty of good faith a... More...   $0 (09-25-2012 - NH)