State Farm Fire and Casualty Company appeals from the district court’s dismissal without prejudice of a lawsuit by policyholders Yazan and Huda Musleh. State Farm argues that the dismissal should have been with prejudice. The insurer further suggests that, because the Muslehs allegedly failed to refile their lawsuit within the statutorily prescribed period, the appeal may ultimately be moot.
... More...   $0 (06-18-2012 - MI)

Plaintiffs appeal the dismissal of their case pursuant to Fed. R. Civ. P. 12(b)(1). The district court, following a hearing, found that the “filedrate doctrine” denied the court federal question subject-matter jurisdiction. The district court also found that the Public Utilities Commission of Ohio (“PUCO”) had exclusive jurisdiction over Defendants’ state-law claims, depriving the court ... More...   $0 (06-04-2012 - OH)

This is an appeal brought in consolidated negligence actions under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., against the two railroad defendants by a former employee, Geoffrey Crowther, who held various laboring and supervisory positions over the course of 30 years. The claims in issue before us are for causing cumulative, or wear-out, injuries to the neck, knees, lef... More...   $0 (05-25-2012 - MA)

The uncommon question we must answer in this dissolution appeal is whether Sheri Pettit is entitled to a one-half interest in property Roger Stephen Duffield (Steve) transferred into joint tenancy with her before their short-lived marriage. We conclude the district court was correct in finding the “nuptial failure should not operate to rescind the transfers that were made between the parties in ... More...   $0 (05-23-2012 - IA)

Among other things, 18 U.S.C. § 922(g) prohibits a convicted felon from possessing ammunition. Meanwhile, the Armed Career Criminal Act (ACCA) mandates a 15-year minimum term of imprisonment for “a person who violates section 922(g) . . . and has three previous convictions . . . for a violent felony . . . committed on occasions different from one another.” Id. § 924(e)(1). The ACCA defines a... More...   $0 (05-23-2012 - OK)

{¶1} Plaintiff-appellant, Cassens Transport Co. (hereinafter “Cassens”), appeals the judgment of the Seneca County Court of Common Pleas finding that defendant-appellee, Tony B. Bohl (hereinafter “Bohl”), was entitled to participate in the workers’ compensation system for the condition of substantial aggravation of preexisting degenerative arthritis of the cervical spine. For the reason... More...   $0 (05-21-2012 - OH)

{¶ 1} Defendant-appellant, Joseph P. Ebbing (Ebbing), appeals pro se from a decision of the Butler County Court of Common Pleas which declared his property a public nuisance and ordered the demolition of buildings located at 419 and 423 Sycamore Street (rear) Hamilton, Ohio. For the reasons discussed below, we affirm the judgment as modified.

{¶ 2} Plaintiff-appellee, the city of Hamilton... More...   $0 (05-21-2012 - OH)

After eleven years of marriage, Ronald C. Toler (Ron) and Vicky Lynn Sanders (Vicky) began divorce proceedings. They decided to resolve any conflicts relating to their division of community property with a mediator’s assistance and entered into a mediated settlement agreement (MSA). See Tex. Fam. Code Ann. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did ... More...   $0 (05-17-2012 - TX)

¶1 In this pre-verdict collateral source case, we determine whether the court of appeals erred when it held that the trial court incorrectly admitted evidence of the amount paid by an insurance provider for the medical expenses Respondent Larry Crossgrove incurred as a result of Petitioner Wal-Mart’s negligence. We hold that the court of appeals correctly held that the trial court should hav... More...   $0 (04-30-2012 - CO)

¶1 We review the court of appeals’ unpublished decision in Sunahara v. State Farm Mutual Automobile Insurance Co.,No. 09CA0599, slip op. (Colo. App. May 6, 2010) (not selected for official publication), to determine: (1) whether the court of appeals erred under Colorado’s collateral source doctrine when it admitted evidence of the amounts paid by Respondent State Farm Mutual Automobile Insu... More...   $0 (04-30-2012 - CO)

¶1 Oliver Arlington (Arlington) appeals from the Memorandum and Order on Petition for Leave to Present Additional Evidence and Petition for Judicial Review (Order), entered by the Third Judicial District Court of Granite County, Montana. The Order denied Arlington’s petition to present additional evidence and affirmed the dismissal by the Montana Department of Labor and Industry (Department) of... More...   $0 (04-24-2012 - MT)

Appellant, Javier Alvarado, sued Lexington Insurance Company (“Lexington”) for breach of contract, breach of the duty of good faith and fair dealing, and violations of the Texas Insurance Code and the Deceptive Trade Practices Act (“DTPA”) after Lexington rejected Alvarado’s claim for property damage following Hurricane Ike. The trial court rendered summary judgment in favor of Lexingto... More...   $0 (04-19-2012 - TX)

Steven Grade brought suit against BNSF Railway Co. (BNSF), alleging common law negligence and seeking compensation for injuries he suffered when the automobile he was driving hit a BNSF railcar that was stopped at a railroad crossing. The district court granted summary judgment 1 to BNSF dismissing all of Grade’s claims. Grade appeals, and we affirm.

I.

On a late December night... More...   $0 (04-16-2012 - NE)

[¶1] Glenn K. Swanson appeals from the trial court's judgment quieting title to certain real property located in Bottineau County in Michael Swanson, James Swanson, Robert Swanson, and Candyce Johnson ("Swanson children"). We conclude the trial court improperly analyzed the notice requirement for good-faith purchasers under the law and erred in finding the Swanson children acted in good faith. Th... More...   $0 (04-12-2012 - ND)

[¶1] Berthel Land and Livestock (Berthel) entered into a Pipeline Easement Agreement (Agreement) with Rockies Express Pipeline (Rockies Express). After completion of the pipeline, Berthel filed an action against Rockies Express asserting claims for breach of contract and fraudulent inducement. The breach of contract claims alleged a failure to remove rock from the property and a failure to provid... More...   $0 (04-10-2012 - WY)

This appeal arises from a post-divorce proceeding to enforce a property division of railroad retirement benefits. The trial court determined that appellee, Esther Bien, was entitled to a money judgment against appellant, Jerry Don Bien, in the amount of $39,912.87 for her share of “Tier II benefits” he had received as a part of his railroad retirement. The trial court also ordered Jerry to p... More...   $0 (04-05-2012 - TX)

The facts underlying this case involve one of life’s most heartrending and painful events, the stillbirth of an infant. After suffering this terrible loss, the plaintiffs, Dorothy Weaver and Fred Weaver, as coadministrators of the estate of Demarius Douglas Weaver (decedent), and Dorothy Weaver, individually, filed a medical malpractice action against the defendants Henry Amdur, a physician spec... More...   $0 (04-04-2012 - CT)

§405. Evidence, procedure, and cert... More...   $0 (04-02-2012 - IN)

Arnett, Ellis County, OK - The 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:INJ... More...   $0 (03-28-2012 - OK)

Peggy Younger sued BNSF Railway Company a train/ car accident at a railroad crossing
... More...   $1 (03-28-2012 - NM)

In this employment discrimination case, the Equal Employment Opportunity Commission (EEOC) and Thomas D. Turner (collectively, “the plaintiffs”) appeal the district court’s grant of the summary judgment motion of defendant Kansas City Southern Railway Company (KCSR), dismissing all of the plaintiffs’ claims that the decisions to discipline Turner and three other African American employees ... More...   $0 (03-23-2012 - LA)

In this employment discrimination case, the Equal Employment Opportunity Commission (EEOC) and Thomas D. Turner (collectively, “the plaintiffs”) appeal the district court’s grant of the summary judgment motion of defendant Kansas City Southern Railway Company (KCSR), dismissing all of the plaintiffs’ claims that the decisions to discipline Turner and three other African American employees ... More...   $0 (03-23-2012 - LA)

BOUDIN, Circuit Judge. This litigation concerns a segment of the Eastern Trail in Scarborough, Maine. The Eastern Trail is a public recreational trail which is part of a network of trails running along the Eastern Seaboard. http://www.easterntrail.org. The portion of the Trail at issue in this case is over three miles long, runs through a 32-acre tract of land owned by the state of Maine, and is u... More...   $0 (03-23-2012 - )

This is an appeal over the proper interpretation of deed restrictions. The trial court granted a partial summary judgment for appellee Southampton Civic Club, Inc., and denied appellant Patricio D. Sanchez‘s cross-motion for summary judgment. The trial court also denied Southampton‘s request for damages under section 202.004 of the Texas Property Code though it did order Sanchez to pay Southam... More...   $0 (03-16-2012 - TX)

The principal issue presented in this appeal concerns the power of courts to disregard the separate existence of a Texas limited liability company (LLC) under the equitable "veil-piercing" principles that have evolved in regard to business corporations. Specifically, we must determine whether, assuming these principles can be applied to LLCs, a claimant seeking to "pierce" an LLC's "veil" with res... More...   $0 (03-16-2012 - TX)