Railroad Law
 
Michael F. Chebro v. Jonathan C. Audette

This appeal arises out of a quiet title action, brought pursuant to General Statutes § 47-31, concerning the location of a boundary between two parcels of land in Woodstock. The defendant, Jonathan C. Audette, appeals from the judgment rendered in favor of the plaintiffs, Michael F. Chebro and Jeanne E. Curtin- Chebro, after a trial to the court. On appeal, the defendant claims (1) that the court... More...   $0 (09-24-2012 - ct)

Richard C. Coe v. Chesapeake Exploration, LLC

In July 2008 Chesapeake Exploration, LLC entered into an agreement to purchase deep rights held by Peak Energy Corporation in certain oil and gas leases in the Haynesville Shale formation, for the hefty sum of $15,000 per acre. When the price of natural gas plummeted several months later, Chesapeake refused to honor its commitment. In response to the complaint filed by Peak it contended that the p... More...   $0 (09-12-2012 - TX)

Lynn Harding v. Atlas Title Insurance Agency, Inc.

¶1 Lynn and Eileen Harding appeal the trial court’s grant of summary judgment in favor of Atlas Title Insurance Agency, Inc. (Atlas Title); Randy Kidman; Dave White; Jeremy Larkin; and Scott Wilson (collectively, Atlas),1 in which it determined that the Hardings could not demonstrate the proximate cause element of the various causes of action without resorting to speculation. We reverse and rem... More...   $0 (09-10-2012 - UT)

Oscar Bell v. H.F. Cox, Inc.

Oscar Bell and other truck drivers filed a class action complaint against H.F. Cox, Inc. (Cox), alleging wage and hour violations.1 The trial court summarily adjudicated three counts in favor of Cox, a jury found in favor of Cox on another count and the trial court found that plaintiffs were exempt from federal overtime compensation requirements. Plaintiffs appeal the judgment challenging the orde... More...   $0 (09-05-2012 - CA)

James E. Gilmore v. Cathy J. Weatherford

Decades of lead and zinc mining in northeastern Oklahoma have left behind piles of mine tailings, known locally as “chat,” that now have value as fill and gravel. This case concerns two chat piles, the Sooner and Ottawa piles, which share a convoluted ownership history. Some of the chat in these piles is owned by descendants of members of the Quapaw Tribe who were deemed incompetent to manage ... More...   $0 (09-05-2012 - OK)

J. Jesus Rodriguez v. Philip Boerjan

Appellants J. Jesus Rodriguez and M. Carmen Negrete (the Rodriguezes) sued appellees Philip Boerjan, Mestena Inc., Mestena Operating, LLC, and Mestena Uranium, LLC (the Mestenas) for the wrongful deaths of their daughter Angelina and her husband and daughter. The three undocumented aliens were killed in a rollover accident on the Jones Ranch. The Rodriguezes assert the accident was caused by the M... More...   $0 (08-31-2012 - TX)

WRT Realty, Inc. v. Boston Investment Group II, L.L.C.

¶1 WRT Realty, Inc. filed suit to determine the ownership of property between land it owned and land owned by Boston Investment Group II, LLC. Both parties sought summary adjudication of the issue. The district court found that WRT was the owner of the Disputed Property. Boston appeals the district court's order granting WRT's motion for summary judgment and denying Boston's cross-motion for summ... More...   $0 (08-30-2012 - OK)

Pacific Bell Telephone Company v. Southern California Edison Company

Defendant Southern California Edison (“Edison”) appeals from the judgment entered against it following a bench trial in which the court ruled that Edison was liable to Pacific Bell Telephone Company (“Pacific Bell”) for just compensation in Pacific Bell‟s cause of action for inverse condemnation. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

The relevant facts of this appeal ar... More...
   $0 (08-30-2012 - CA)

Kawasaki KIsen Kaisha, Ltd. v. Plano Moulding Co.

On April 21, 2005, a Union Pacific Railroad Co. train derailed in Oklahoma causing extensive damage to both the railroad and the train’s cargo. Kawasaki Kisen Kaisha, Ltd. (“Kawasaki”), “K” Line America, Inc. (“KAM”) (collectively “K-Line”), and Union Pacific Railroad Co. (“Union Pacific”) (collectively “appellants”) blame Plano Molding Co. (“Plano”) for the derailmen... More...   $0 (08-29-2012 - IL)

Sheila McCullum v. Kenneth Tepe

Timothy Hughes died after hanging himself from his bed in the Butler County Prison. Hughes showed no outward signs that he was suicidal, but he did have a history of depression and asked to see Dr. Kenneth Tepe, the prison psychiatrist, about anti-depression medication. Hughes and Dr. Tepe never met.

Hughes’s mother filed this § 1983 suit, alleging that Tepe was deliberately indifferent ... More...
   $0 (08-29-2012 - OH)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

Mark Evenson v. Tim Lilley

On review of an opinion by the Court of Appeals, Mark and Janis Evenson challenge the calculation of damages, primarily to trees, resulting from a fire on their rural property. Although we disagree with the analysis employed by the district court and by the Court of Appeals, we agree with their ultimate conclusions and affirm. The Evensons purchased 160 acres of rural property in Greenwood County ... More...   $0 (08-17-2012 - kS)

Dutchman Manufacturing, Inc. v Texas Department of Transportation, Motor Vehicle Division

Dutchmen Manufacturing, Inc. (Dutchmen) appeals the district court's judgment affirming the final order of the Texas Department of Transportation's Motor Vehicle Division (the Division). The Division ordered Dutchmen to repurchase a travel trailer from its owner, John Kennemer, who sought relief under sections 2301.601-.613 of the occupations code. (1) See generally Tex. Occ. Code Ann. §§ 2301... More...   $0 (08-17-2012 - TX)

Jerry Ulmer d/b/a Longhorn Construction v. Sam Moore

Appellant, Jerry Ulmer d/b/a Longhorn Construction and Maintenance, appeals from entry of summary judgment in favor of Appellees, Sam Moore and Sharie Moore, in Ulmer’s action for breach of a construction contract. In support, Ulmer asserts:

the Prompt Payment for Contractors and Subcontractors Act permitted Ulmer to charge the Moores 18% interest on amounts past due under the constructio... More...
   $0 (08-08-2012 - TX)

Mont Belview Carverns, LLC v. Texas Commission on Environmental Quality

Mont Belvieu Caverns, LLC, appeals a final summary judgment that it take nothing in a suit for judicial review of a Texas Commission on Environmental Quality (TCEQ) order determining that a new brine-pond system Mont Belvieu had installed at one of its facilities did not qualify for the "pollution control property" tax exemption. See Tex. Tax Code Ann. § 11.31 (West Supp. 2011). (1) Mont Belvieu ... More...   $0 (08-03-2012 - TX)

Bowers Oil and Gas, Inc. v. DCP Douglas, LLC



[¶1] Bowers Oil and Gas, Inc. (BOG) entered into a Gas Purchase Contract with Kinder Morgan Operating, L.P. (Kinder Morgan), pursuant to which Kinder Morgan agreed to purchase coal bed methane gas from certain of BOG’s wells. Kinder Morgan transferred its interest in the Contract, and Kinder Morgan’s successor eventually terminated the Contract pursuant to a provision that al... More...
   $925000 (07-31-2012 - 10)

Family and Estate of Wesley Whiddon v. CSX Transportation

The Family and Estate of Wesley Whiddon sued CSX Transportation on a negligence the claiming that the engineer of a CSX locomotive failed to exercise due care when the locomotive that he was operating hit 17-year-old Weseley on a trestle in May 2008. Wesley and two friends were fishing from the railroad bridge when the train approached. The teens ran toward the end of the 150-foot trestle where ... More...   $1640000 (07-28-2012 - FL)

Kimberly Passananti v. Cook County

The Day Reporting Center of the Cook County Sheriff’s Department ran an intensive supervision program that provided services for non-violent pretrial defendants. Its program reduced overcrowding in the Cook County Jail and tried to integrate non-violent individuals into society through supervised employment, job training, and substance abuse treatment. Plaintiff Kimberly Passananti was the deput... More...   $0 (07-21-2012 - IL)

Michael R. Emswiler v. CSX Transportation, Inc.

Plaintiff Michael Emswiler sued his employer, CSX Transportation, Inc. (“CSX”), a railroad, and the Brotherhood of Locomotive Engineers and Trainmen (“BLET”) after his seniority on the roster of train engineers was adjusted in May 2009. Emswiler alleged breach of collective bargaining agreement (“CBA”), breach of duty of fair representation, and disability discrimination under Ohio law... More...   $0 (07-20-2012 - OH)

State of Oklahoma v. Mark Allen Smith

Arnett, OK - State of Oklahoma charged Mark Allen Smith with:

Count # 1.
Count as Filed: MALINJ, INJURY to Obstruction of Railroad , in violation of 21 O.S. 1751
Date Of Offense: 07/18/2012

Party Name: Disposition Information:

Smith, Mark Allen
Disposed: DISMISSED WITH COSTS, 03/28/2013. Dismissed with Costs.
Count as Disposed:INJURY to Obstruction... More...
   $0 (07-19-2012 - OK)

The Kansas City Southern Railway Company v. Ronald K. Oney

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appellee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict ... More...   $0 (07-19-2012 - TX)

Christine McClure v. Sunshine Furniture

1 The trial court plaintiff, Christine McClure (McClure), appeals an Order overruling her motion to reconsider presented after the trial court granted summary judgment to the defendant, Sunshine Furniture (Sunshine).1 All remaining defendants have been dismissed from the action or their claims have been resolved.2 This appeal proceeds under the provisions of Okla. Sup. Ct. Rule 1.36, 12 O.S.2011, ... More...   $0 (07-09-2012 - OK)

Dennis Davis v. Steven L. Johnston

This appeal arises from a dispute concerning the existence and scope of easements that were alleged to burden two waterfront lots on Lake Travis. One of the lots is owned by appellant Dennis Davis and the other by appellant Debbie Desmond. Davis and Desmond are jointly engaged in a business known as Aqua Tech Marine Industries, which had conducted its operations on the lots since 2004. Following a... More...   $0 (06-29-2012 - TX)

James R. Cleveland v. Robert G. Taylor

Appellees, Robert G. Taylor II, Joseph F. Archer, Claiborne Bruce, Allam Alshayeb, Russ Himel, Raymond Chachere, Dennis McLaughlin, Dale Gorman, Louay Joubarani, Seman Matta, and Carlo Congelosi (collectively, “the Investors”), sued appellants, James R. Cleveland, Paul R. Cleveland, Kellie L. Dorman, Nicos Energy, LLC, Oasis Petroleum, LLC, and Lone Star Land & Exploration, LLC (collectively, ... More...   $0 (06-28-2012 - TX)

Rebecca Hampton v. R.J. Corman Railroad Switching Co., LLC

In this personal-injury action resulting from an automobile-train collision, Plaintiff-Appellant Rebecca Hampton appeals the district court’s order granting summary judgment to the Defendants-Appellees. But Hampton’s claim, which the Defendants-Appellees removed to federal court, lacks any basis for federal subject-matter jurisdiction. Accordingly, we vacate the district court’s judgment and... More...   $0 (06-19-2012 - KY)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher