Plaintiff Thomas Lowell Linden, Jr., filed a products liability action against Defendant CNH America, LLC (CNH), based on injuries Linden sustained while operating a CNH-manufactured bulldozer, and a jury returned a verdict in favor of CNH. Linden now appeals, arguing the district court1 committed reversible error by granting a directed verdict to CNH on his manufacturing defect claim, in its choi... More...   $0 (03-14-2012 - IA)

On May 9, 2008, while Jason D. Morgan (Appellant) was employed by Union Pacific Railroad (Respondent) as a trainee Brakeman, Appellant’s manager Todd Foster (Foster), who was intoxicated and off-duty at the time, physically assaulted Appellant twice at a diner where Appellant and some co-workers were eating their lunch. Appellant appeals from the summary judgment the trial court entered in favor... More...   $0 (03-13-2012 - MO)

Acosta Sales and Marketing is a food broker, which represents producers that seek to sell to supermarkets and other bulk purchasers.

In 2001 Acosta’s midwest operation hired Susan King as one of its business managers—a term that Acosta uses for people who represent a group of producers. (McCormick & Co., which sells spices and spiced foods, was one of King’s major clients.) After quit... More...   $0 (03-13-2012 - IL)

Sherry J. Tippett, Personal Representative estate of Galen Stoller and Maida Henderson as mother and Co-Personal Representative for the Estate of Galen Stoller, deceased, Ken Stoller M.D., as Co-Personal Representative for the Estate of Galen Stoller estate of Galen Stoller sued the National Railroad Passenger Co. d/b/a Amtrak; the Burlington Northern Santa Fe Corporation; and the Board of County... More...   $0 (03-12-2012 - NM)

Plaintiff Barbara Good appeals from the district court’s grant of summary judgment in favor of defendant University of Chicago Medical Center in Good’s reverse race discrimination case. Good was employed in UCMC’s Radiology Department as a lead technologist in the Computerized Tomography Department. She admits that there were issues with her job performance, but she contends that UCMC discri... More...   $0 (03-12-2012 - IL)

This case arises out of a custody dispute. Christopher John Savoie, M.D., brought this suit on behalf of himself and his minor children against James G. Martin, III, in his individual and official capacity as both a mediator and a judge for the Twenty-First Judicial District in Tennessee; and Stites & Harbison, PLLC, the law firm that employed Martin when he worked as a courtappointed mediator in ... More...   $0 (03-08-2012 - TN)

¶1 The issue in this negligence action is whether a common carrier has the duty to exercise the highest degree of care practicable under the circumstances or rather only the duty to exercise reasonable care. We hold that the general negligence standard - reasonable care under all the circumstances – applies.

I.

¶2 On May 2, 2008, Linda Brown boarded a Tucson city bus operated by ... More...   $0 (02-23-2012 - AZ)

Richard M. Mitchell, Jr. (Richard) and Kathleen Woodward Mitchell (Kathleen) divorced in 1990 after having been married for twenty-four years. The separation agreement stated that Kathleen was to receive $3,000 per month in maintenance payments. It also provided that the amount of maintenance could be modified if Kathleen became more employable as a result of education she received from Richard's ... More...   $0 (02-23-2012 - KY)

Appellant Phyllis Nairn (hereinafter “Appellantâ€� or “Nairnâ€�) brought a whistleblower suit against Killeen Independent School District (“KISDâ€� or “the Districtâ€�) claiming that KISD demoted her from her position as Special Education Coordinator to teacher, and ultimately did not renew her term contract with the District. Subsequently, on July 3, 2008, she amended her petition to inc... More...   $0 (02-23-2012 - TX)

Philip Roberts sued Union Pacific Railroad on a Federal Employees Liability Act (FELA) theory claiming to have been injured in a fall while working for the defendant in 2007. Roberts tripped on a length of wire along the company's railroad tracks in Wood River. He suffered a lower back injury that required surgery. Roberts' sought $2,080,807 in damages. United Pacific denied fault and claimed tha... More...   $28000 (02-11-2012 - IL)

After Lawler Foods, Ltd. fired Ziad Elaazami in 2006, he sued to recover an unpaid bonus allegedly due to him for work performed in 2005. The jury returned a verdict for Elaazami on his breach of contract claim; the trial court granted Lawler Foods‘ motion for judgment notwithstanding the verdict. We reverse and remand.

BACKGROUND

Lawler Foods was established in 1976 by Bill an... More...   $0 (02-07-2012 - TX)

This appeal concerns the Covington Oaks Condominiums, a four-phase residential development in Bexar County, Texas. Phases I, II, and III are under the governance of the Covington Oaks Condominium Owners Association, known as “COHOA.â€� For many years, COHOA has been in litigation with the owners of Phase IV regarding whether the entrance and private road used by the residents of Phases I, II, ... More...   $0 (02-02-2012 - TX)

Vinita, OK - The State of Oklahoma charged Terryck M. Martin with misdemeanor petit larceny, misdemeanor trespass after being forbidden and misdemeanor interfering with a railroad.

01/31/2012 PROBABLE CAUSE AFFIDAVIT
01/31/2012 APPEARANCE BOND (T. CARTER / CARTER BONDING CO $10.00
$7500.00 PWR# 9494) JAIL FUND FEE $25.00
10% OF JAIL FUND FEE $2.50
02/01/2012 CM; ... More...   $0 (01-31-2012 - OK)

We granted en banc rehearing of this case to determine whether the so-called postdeparture bar regulation at 8 C.F.R. § 1003.2(d) remains valid in this circuit considering Congress’ 1996 amendment to the Immigration and Nationality Act (“INAâ€�). The amended Act grants noncitizens the right to file one motion to reopen their immigration proceedings. However, the Board of Immigration Appeals (... More...   $0 (01-30-2012 - UT)

Nathan Mark Blaylock sued Amtrack Railroad on a railroad negligence theory.... More...   $0 (01-21-2012 - MT)

Respondent, Kelvin Underwood, applied for a zoning variance in order to complete construction of a detached garage on his property in excess of the size restrictions currently in place by St. Joseph zoning ordinances. The Board of Zoning Adjustment (BZA) denied Underwood’s request, and he sought judicial review in the circuit court, with the city of St. Joseph (City) and the BZA as named respond... More...   $0 (01-17-2012 - MO)

Appellant Larry H. Hausler, a resident of Texas, appeals the district court’s dismissal of his breach of contract claim in a diversity action against Appellee H. Max Felton, a resident of Oklahoma, which the district court dismissed based on the doctrine of claim preclusion. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm the district court’s dismissal of Mr. Hausler’s complaint.... More...   $0 (01-17-2012 - OK)

Werner Enterprises (Employer) appeals the final order of the Labor and Industrial Relations Commission (Commission) granting Timothy Rader (Claimant) weekly permanent total disability benefits and future medical costs as a result of the injury he sustained working for Employer on May 29, 2003. Employer claims the Commission erred in finding that: (1) the Commission had jurisdiction over Claimantâ€... More...   $0 (01-10-2012 - MO)

Plaintiff Pamela Mize-Kurzman appeals from a judgment in favor of defendants Marin Community College District and its Board of Trustees (collectively ―district‖), following a jury trial on her claims that the district was liable under two California ―whistleblower‖ protection statutes, Labor Code section 1102.5 and Education Code section 87160 et seq. Plaintiff contends the trial court com... More...   $0 (01-10-2012 - CA)

The plaintiff, Nancy E. Doyle, individually and as administratrix of the estate of John A. Doyle,1 appeals from the judgment of the trial court rendered on the jury’s verdict in her wrongful death action after the court denied her motion to set aside the verdict in favor of the defendants, Harold J. Kamm and New Milford Medical Group, LLC.2 On appeal, the plaintiff claims that the court erred by... More...   $0 (01-10-2012 - cT)

This case involves a claim brought under the Texas Whistleblower Act. The trial court granted the Dallas Independent School District's plea to the jurisdiction and dismissed James Mullins's claim. In a single issue, Mullins contends the trial court erred in granting the plea because he presented sufficient evidence to raise a question of fact about the trial court's jurisdiction over his claim. We... More...   $0 (01-05-2012 - TX)

Appellant Gerardo DeLeon’s foot was crushed when a forty-thousand-pound aerial boom lift ran over it while he was working on Montgomery Plaza in Fort Worth. DeLeon brought a personal injury suit against the general contractor on the project, Appellee Thos. S. Byrne, Ltd., f/k/a Thos. S. Byrne, Inc., and against Appellee Unique Staff Leasing I, Ltd. d/b/a Unique Staffing.[2] The trial court gra... More...   $0 (01-05-2012 - TX)

Appellant Keith Thompson brought suit against Air Transport International LLC (ATI) alleging ATI violated his rights under the Family Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., and under the Arkansas Civil Rights Act (ACRA), Ark. Code Ann. § 16-123-101 et seq. The district court dismissed, finding Thompson’s claims were subject to a mandatory arbitration provision contained in a colle... More...   $0 (12-28-2011 - AR)

summary judgment in favor of Low & Childers, P.C. but reverse summary judgment in favor of USA Risk Group, Inc. and remand for additional proceedings.

BACKGROUND

¶2 National Transportation Holding Corporation (“NT�)1 insurer2

¶3 Arizona law requires a captive insurer to employ a “captive managerâ€� to “maintain the books and records of the captive insurer’s busines... More...   $0 (12-20-2011 - AZ)

Appellees have made every effort to distract first the trial court and now this Court from ever reaching the basic legal issues presented in this case. Quite simply, is a professional baseball stadium/event arena for up to 9000 spectators a “local improvementâ€� that can be assessed against neighboring properties, or is it by its very nature a general improvement for the benefit of the communit... More...   $0 (12-17-2011 - OK)