James Riley appeals the district court's adverse grant of summary judgment in favor of Sun Life in this Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001 et seq., benefits case. The sole issue is whether Sun Life is entitled to offset from Riley's employer-provided long-term disability benefits the amount that Riley receives in Department of Veterans Affairs (VA) benefits each m... More...   $0 (10-07-2011 - NE)

Steven Doyle appeals the district court’s grant of summary judgment in favor of Union Pacific Railroad Company (“Union Pacific”) on his claims for damages resulting from injuries sustained in an automobile-train accident, which occurred on March 5, 2009. We AFFIRM.

FACTS AND PROCEEDINGS

Many of the material facts are not in dispute. On the evening of March 5, 2009, after playin... More...   $0 (10-03-2011 - LA)

Plaintiff Ciprian C. Flueras (“Mr. Flueras”), individually, and as the personal representative of the Estate of Diana Elena Flueras (“Ms. Flueras” or “Crew Member”), appeals from a final summary judgment entered in favor of defendant Royal Caribbean Cruises, Ltd. (“RCCL” or “Shipowner”) in an action alleging the unseaworthiness of RCCL’s vessel, the Explorer of the Seas, aris... More...   $0 (09-28-2011 - FL)

This appeal arises from a car accident involving James Pitts and Charley Willhelm in Winkler County, Texas. The accident occurred at the intersection of State Highway 115 and County Road 201. Pitts was driving south on the state highway as Willhelm was driving east on the county road. Willhelm’s car failed to stop at a stop sign and crashed into Pitts’s car. Pitts sued Winkler County under th... More...   $0 (09-22-2011 - TX)

In the case at bar, this Court granted both a petition and cross-petition for a writ of certiorari to address two issues of public importance: (1) the extent to which the First Amendment’s “ministerial exception” is applicable to a sixteen count civil action asserted against a church by a former employee who claims that she was the victim of sexual harassment and employment discrimination; a... More...   $0 (09-21-2011 - MD)

John and Barbara Weckesser appeal the district court’s denials of their motion for new trial and motion for reconsideration in their suit against Chicago Bridge & Iron and L.G. Barcus & Sons (collectively, the “Appellees”) for private nuisance on multiple grounds. Because we find that these grounds are either not preserved or lack merit, we agree with the district court. Accordingly, we AFFI... More...   $0 (09-16-2011 - MS)

Plaintiffs, the recording companies Sony BMG Music Entertainment, Warner Brothers Records Inc., Arista Records LLC, Atlantic Recording Corporation, and UMG Recordings, Inc. (together, "Sony"), brought this action for statutory damages and injunctive relief under the Copyright Act, 17 U.S.C. § 101 et seq. Sony argued that the defendant, Joel Tenenbaum, willfully infringed the copyrights of thirty ... More...   $0 (09-16-2011 - MA)

Plaintiff Wayne Webb was terminated from his employment at defendant ServiceMaster BSC LLC after Webb received unsatisfactory reviews from his supervisor and failed to meet certain performance goals. Webb, who was fifty-nine at the time of his discharge and has Parkinson’s disease, alleges that ServiceMaster terminated him because of his age and/or disability, in violation of the Age Discriminat... More...   $0 (09-14-2011 - TN)

Thomas Nerswick claims that Jim Dugger and Chris Minges, two privately employed police officers of CSX Transporation, Inc., arrested him without probable cause and then took too long to present him to a magistrate. The district court granted the defendants’ motion for summary judgment. Nerswick’s evidence fails to raise a genuine issue of material fact on his claims, so we affirm.

I. We... More...   $0 (09-14-2011 - OH)

We granted certiorari to review the court of appeals’ unpublished decision in The Glenelk Ass’n, Inc.v.Ronald Lewis, No. 09CA1209.1 In this private condemnation proceeding, respondent Ronald P. Lewis seeks to condemn a private way of necessity across land owned by The Glenelk Association, Inc. (“Glenelk”) to access an allegedly landlocked parcel of land for residential development.2 The tr... More...   $0 (09-12-2011 - CO)

[¶1] This case comes before us a second time. Previously, we reversed a grant of summary judgment in favor of Union Pacific after finding that the railroad had a duty to exercise ordinary and reasonable care in the operation of its railway.1 After remand, the jury determined that both parties, as well as two non-party actors, were negligent and awarded damages to Mr. Glenn. Mr. Glenn appeals, con... More...   $0 (09-09-2011 - WY)

In the taxonomy of the law, the Federal Employers' Liability Act, 45 U.S.C. § 51, et seq., is a platypus. Intended to provide a remedy for injured railroad workers, the FELA "hovers ambivalently between workers' compensation law and the common law of negligence. It is neither, but it partakes of characteristics of both." CSX v. Miller, 159 Md. App. 123, 129 (2004). This case calls us to consider ... More...   $0 (09-06-2011 - MD)

Trust] with respect to all matters relating to the Lease of the Premises, and supersede[d] any and all other agreements between the parties hereto relating to the lease of the Premises." Shortly thereafter, SPLR received a check from the Trust for $4,000.00, dated February 7, 1998.3

The Easement Agreement

On February 17, 1998, SPLR and the Trust entered into a second written agreemen... More...   $0 (09-06-2011 - TX)

The plaintiffs in this appeal provide in-home care for people with varying levels of disabilities and other health needs. They present a narrow question: Does a collective bargaining agreement that requires Medicaid home-care personal assistants to pay a fee to a union representative violate the First Amendment, regardless of the amount of those fees or how the union uses them? We hold that it doe... More...   $0 (09-01-2011 - IL)

Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law.

The Surface Transportation Board (STB) regulates "the construction, operation, and abandonment of most railroad lines in the United States."... More...   $0 (08-31-2011 - MO)

¶1 The plaintiff, Patricia Bowers Edwards (Edwards), individually and as natural mother and next friend of Robert Drew Edwards (Drew), an incapacitated person, appeals a Trial Court Order granting partial summary judgment to the defendant, BancFirst (Bank).1

BACKGROUND

¶2 Aspects of this case have been the subject of several appeals. The facts and history of the matters are set out... More...   $0 (08-29-2011 - OK)

This is an appeal from a final judgment against appellant Samson Lone Star, Limited Partnership n/k/a Samson Lone Star L.L.C. (“Samson”) for more than $21 million in favor of appellees Charles G. Hooks, et al. (“the Hooks”). Samson has a number of oil and gas leases from landowners in Hardin and Jefferson Counties. The judgment arises from an oil and gas case in which the Hooks brought s... More...   $0 (08-25-2011 - TX)

This negligence suit under Georgia law stems from an injury Roland Walker suffered as he unloaded freight from a railcar in July 2005. At that time, Walker worked for Exel, Inc., the operator of a shipping and receiving facility in Fairburn, Georgia,1 which exclusively receives deliveries of food products from Unilever Bestfoods of North America (“Unilever”) on behalf of local Fairburn busines... More...   $0 (08-22-2011 - GA)

Appellees Charles Hutton and his wife, Lafreita Hutton, and his sons, Gary Hutton and Jimmy Hutton, filed this suit claiming title to an area in the southwest corner of the adjacent tract owned by appellants, Susan G. Reid and her husband, Gerald R. Reid. The Huttons’ claim was based solely on the ten-year statute of limitations. Tex. Civ. Prac. & Rem. Code Ann. § 16.026(a) (Vernon 2002). Aft... More...   $0 (08-19-2011 - )

Charles and Barbara Seber sued Union Pacific Railroad Company contending that it wrongfully removed the Sebers’ private railroad crossing. The trial court granted summary judgment in favor of Union Pacific. We affirm in part, reverse in part, and remand to the trial court.

BACKGROUND

This dispute centers on the closing of a private crossing over Union Pacific’s railroad right-o... More...   $0 (08-16-2011 - TX)

Appellant Willis Martin, Jr. sued appellees the City of Temple and John Bailey, Susan Long, Jamey Secrest, Randy Stumberg, John Tolbert, Bill Jones, Ernest Knox, Sr., Dean Winkler, David Blackburn, Richard Therriault, Brian Kosel, Danny Dunn, Jason Vandever, Jimmy Taylor, and Kathleen Barina, all individuals employed by or associated with the City, asserting negligence related to a house he bought... More...   $0 (08-11-2011 - TX)

Kevin Schieffer became President and CEO of the Dakota, Minnesota & Eastern Railroad (“DM&E”) in 1996. In December 2004, anticipating a change of control, Schieffer and DM&E entered into an Employment Agreement to encourage his ongoing employment and to provide lucrative benefits should he be terminated without cause or resign for good reason, terms defined in the Agreement. In October 2008, w... More...   $0 (08-11-2011 - SD)

10 Following a jury trial in the United States District
11 Court for the District of Connecticut (Bryant, J.),
12 plaintiff Christopher Millea won partial victory on his
13 claims under the Family Medical Leave Act (“FMLA”). He and
14 the defendant, Metro-North Railroad Co. (“Metro-North”),
15 cross-appeal. Millea argues that, on his unsuccessful
16 retaliation clai... More...   $0 (08-08-2011 - NY)

Interest for The Estate of Omeedeh Mansur, and Arman Mansur and Artemis Mansur, minors, (collectively referred to as “Plaintiffs”), sued Ford Motor Company (Ford) and Drew Ford for (1) strict product liability; (2) negligence; and (3) breach of implied and express warranties. The lawsuit emanated from a fatal car accident. Omeedeh Mansur (Omeedeh) died after the Ford Explorer she was riding in... More...   $0 (08-04-2011 - CA)

Ronald W. Rice (“Rice”) brought suit under the Federal Employers’ Liability Act (“FELA”) against his former employer, BNSF Railway Company (“BNSF”), for injuries arising out of BNSF’s alleged negligence. Rice appeals the trial court’s directed verdict in favor of BNSF following the close of Rice’s evidence. We reverse and remand.

Factual and Procedural History

... More...   $0 (07-29-2011 - MO)