This case concerns a dispute over the location of the Bartolo Escobeda Survey and the ownership of the minerals being produced by oil and gas wells being operated by Comstock Oil & Gas, LP. One of the defendants in the trial court is an Indian tribe that is immune from suit in state court. As to the remaining defendants, we affirm the trial court‟s summary judgment that the plaintiffs take nothi... More...   $0 (12-15-2011 - TX)

2 While running to prevent a child from falling into the water at a city
3 swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated
4 fountain fixture, seriously injuring her ankle. She brought this negligence action against
5 defendant, the City of Bend Metropolitan Park and Recreation District, alleging four
specifications of negligence.1 6 Two dealt w... More...   $0 (12-14-2011 - OR)

Plaintiff-Appellee Dassault Systemes, SA (“Dassault”) filed suit against Defendant-Appellant Keith Childress, d.b.a. Practical Catia Training (“Childress”), seeking damages for copyright and trademark infringement, unfair competition, and Michigan Consumer Protection Act violations arising from Childress’s allegedly unauthorized use of Dassault’s name and software licenses to operate a... More...   $0 (12-13-2011 - MI)

This appeal arises under Title VII of the Civil Rights Act of 1964, as amended in 1991. At issue is the legality of a residency requirement for firefighter candidates imposed by North Hudson Regional Fire and Rescue (North Hudson), a fire department comprising five New Jersey municipalities.

The United States District Court for the District of New Jersey held the residency requirement in... More...   $0 (12-13-2011 - PA)

In the underlying action, appellant Frittelli, Inc. (Frittelli) asserted claims for breach of a lease, breach of the implied covenant of quiet enjoyment, negligence, and rescission, alleging that respondents‟ renovation of a shopping center destroyed Frittelli‟s business within the center. The trial court granted summary judgment in favor of respondents on Frittelli‟s claims, concluding that... More...   $0 (12-11-2011 - CA)

The Department of the California Highway Patrol (CHP) appeals from a judgment declaring invalid and enjoining enforcement of certain provisions of its policy for recovering emergency response costs from persons causing incidents while driving under the influence of alcohol or drugs. We conclude that the CHP‘s policy is not inconsistent with the language or purpose of the authorizing legislation,... More...   $0 (12-09-2011 - CA)

Paul T. Swearingen fell from the top of his employer’s truck while he was attempting to unload chemicals at a facility owed by Defendant-appellee Momentive Specialty Chemicals, Inc.1 This case requires us to apply Illinois law to determine whether the deliberateencounter exception of the open-and-obvious doctrine applies to Mr. Swearingen’s negligence claim against Momentive. The district cour... More...   $0 (12-07-2011 - IL)

¶1 The city of Lawton, Oklahoma, through its proper officers and in the manner prescribed by statute, organized paving district No. 64 consisting of "D" avenue, from the west side of Seventh street, east to the city limits, approximately 12 blocks. Near the center of this district the avenue is intersected by the north and south right of way of the Chicago, R.I. & P. Railroad. The city engineer w... More...   $0 (12-07-2011 - OK)

Anthony Volner sued Union Pacific Railroad Company on a Federal Employees Liability Act theory. The claims made and defenses asserted are not available.... More...   $0 (12-06-2011 - )

APPELLEES' ANSWER BRIEF

This answer brief is jointly filed by the City of Tulsa, Kathy Taylor, the Tulsa Stadium
Trust and the intervening property owners (collectively, when appropriate, the "appellees"). For
the reasons addressed below, this Court should reject the appeal in its entirety.

NATURE OF THE CONTROVERSY

Downtown Tulsa is a clearly delin... More...   $0 (11-30-2011 - OK)

This case is before the Court upon the appeal of the defendants below Norfolk Southern Railway Company, Norfolk Southern Corporation, James D. Farley, and Charles Paxton (hereinafter “petitioners”). In this malicious prosecution case, the petitioners appeal from the March 24, 2010, final order of the Circuit Court of Mason County, in which the circuit court denied their post-trial motions for ... More...   $0 (11-23-2011 - WV)

Appellant Charles H. Dise (“Dise”) filed this maritime action to recover for injuries he sustained when a skiff piloted by him and owned by his employer, Appellee Express Marine, Inc. (“EMI”), allided with a bridge piling, and as a result of allegedly negligent medical treatment he received at the University of South Alabama Medical Center (“USA Medical”) in the wake of the allision. D... More...   $0 (11-17-2011 - AL)

In this eminent-domain case, appellant Delta Regional Airport Authority appeals from the jury’s award of compensation of $150,000 to appellee J.T. Jarrett & Sons, a partnership that holds a leasehold interest in the property. Delta also appeals from the circuit court’s order granting attorney’s fees to the landowners, appellees Grover Gunn, III; Michael Scott Gunn; and Edgar Lindsey Gunn (co... More...   $0 (11-16-2011 - AR)

Union Pacific Railroad Company (“Union Pacific”), formerly Missouri Pacific Railroad Company (“Missouri Pacific”), owned mineral rights to three parcels of land in Arkansas until 2005 when the rights were forfeited due to tax delinquency. Linn Farms and Timber Limited Partnership (“Linn Farms”), as the surface rights owner to the parcels, purchased the mineral rights from Mark Wilcox, ... More...   $0 (11-15-2011 - AR)

¶ 1 Plaintiff, Korey Currie, is appealing the decision of the circuit court which granted
defendant’s motion to dismiss plaintiff’s complaint based on res judicata. The trial court
found that the claims were precluded by the federal class action decree in Barnes v. Canadian
National Railroad, No. 04-1249, Final Approval Order (N.D. Ill. Jan. 7, 2010) (Barnes class
action).
... More...   $0 (11-10-2011 - IL)

¶ 1 The plaintiffs, Gary Eskew and Judy Henderson, as co-administrators of the estate of
Scott Eskew (Eskew), deceased, brought this action against the defendants, the Burlington
Northern and Santa Fe Railway Company (BNSF) and the Northeast Illinois Regional
Commuter Railroad Corporation d/b/a Metra (Metra), alleging that their negligence resulted
in the death of Eskew. The jury ... More...   $0 (11-09-2011 - IL)

[¶1] In this appeal, we consider whether use of an implied quasi-easement, historically used as a farm crossing, may be expanded to permit residential access and the installation of utility lines. This issue arises from a judgment of the Superior Court (Penobscot County, Studstrup, J.) that found that an implied quasi-easement exists over the land of Maine Central Railroad Company, but concluded ... More...   $0 (11-08-2011 - ME)

¶ 1 Plaintiff Jeung-Hee Park appeals the dismissal of her fifth amended complaint against
defendants Northeast Illinois Regional Commuter Railroad Corporation (Metra) and Soo Line
Railroad Company, doing business as Canadian Pacific Railway (Canadian Pacific). We affirm.
¶ 2 Plaintiff brought this negligence action on behalf of her son, Hiroyuki Joho (Hiroyuki),
who was struck an... More...   $0 (11-04-2011 - IL)

Plaintiffs, the surviving relatives and administrators of the estates of the victims of a house fire, appeal the district-court orders denying their motion to remand this diversity case to the Kentucky state court and granting Defendants’ 12(b)(6) motions to dismiss. Because we conclude the district court erred in denying the motion to remand, we VACATE the district court’s orders of dismissal... More...   $0 (10-31-2011 - KY)

In September 2006, Appellants sued Energy Transfer Company (ETC) and Burlington Resources Oil & Gas Company, LP (Burlington), alleging numerous causes of action pertaining to the venting of hydrogen sulfide from ETC’s natural gas treating plant, which is near Appellants’ residences. After the trial court denied Appellants’ request for a temporary injunction, the case lay dormant for a year a... More...   $0 (10-21-2011 - TX)

This is an appeal from a jury verdict in favor of Lucky Dawg Movers, Inc. f/k/a Wee Haul of Atlanta, Inc. d/b/a Apartment Movers See Footnote 1 against Wee Haul, Inc. d/b/a Apartment Movers (“Wee Haul”). The jury awarded Lucky Dawg $35,725.26 in damages after finding Wee Haul engaged in deceptive trade practices, that is, false, misleading, and deceptive acts or practices upon which Lucky D... More...   $0 (10-21-2011 - TX)

CSX Transportation, Inc., which is a railroad involved in interstate commerce, employed Larry Smith as a conductor. On April 6, 2004, two supervisors allegedly observed Smith violate a safety rule by dismounting a moving train and subsequently removed him from service pending further investigation. Several hours later, Smith entered CSX’s Terminal Administration Building in Walbridge, Ohio and w... More...   $0 (10-17-2011 - GA)

[¶1.] Donald Jacobs worked for Dakota, Minnesota, & Eastern Railroad Corporation (DM&E). Jacobs was injured on the job when he fell on snow-covered ice. Jacobs suffered severe injuries to his elbow and shoulder as a result. He subsequently filed a personal injury claim under the Federal Employers’ Liability Act (FELA), which permits suit against railroads for an employee’s injury that “resu... More...   $0 (10-12-2011 - SD)

LaVern Louis Golden appeals from the decision of the Lincoln County District Court, which granted to Union Pacific Railroad Company (UP) its motion for summary judgment. Primarily at issue in this case is the interpretation of our decision in McNeel v. Union Pacific RR. Co. Golden claims that he presented sufficient evidence of a toxic exposure to overcome UP’s motion for summary judgment. UP cr... More...   $0 (10-07-2011 - NE)