¶1 This case arises out of a fire-insurance contract wherein the insurer refused to pay the policy limits for fire damage to the insured's house. The insured brought suit alleging breach of contract, tortious bad-faith handling of his claim, and oppression and malice on the part of the insurance company. He sought actual and punitive damages.

¶2 The facts, which are largely undisputed,

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

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

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

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,

¶ 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

¶ 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

¶ 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).

[¶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

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

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

[¶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

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

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

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

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

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

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

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

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

¶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

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

[¶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

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