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

On ... More...   $0 (07-29-2011 - MO)

This appeal is from a traditional summary judgment in a securities fraud lawsuit. The dispute arises out of the redemption of a minority interest owned by Robert Allen in a closely-held natural gas exploration and development company, Chief Holdings, LLC. Allen claims that Chief and Trevor Rees-Jones, Chief’s manager and majority owner, fraudulently induced him to redeem his interest two years... More...   $0 (07-28-2011 - TX)

The Railroad Revitalization and Regulatory Reform Act (“4-R Actâ€�) prevents states and their subdivisions from imposing discriminatory taxes against railroad carriers. 49 U.S.C. § 11501. In 2008, the Sny Island Levee Drainage District (“Sny Islandâ€� or “Districtâ€�), a subdivision of Illinois, changed its long standing method for calculating assessments due from railroads and other proper... More...   $0 (07-27-2011 - IL)

¶1 In this case the plaintiff in error relies upon six assignments of error. We think it will only be necessary to consider three: First, the overruling of the plaintiff's demurrer to the amended answer; second, error in admitting testimony for the defendant over the objection of the plaintiff; sixth, that the court erred in overruling plaintiff's motion for a new trial. It will be observed, from... More...   $0 (07-27-2011 - OK)

Federal Rule of Civil Procedure 15(c) provides that, for purposes of the statute of limitations, a subsequently amended complaint may “relate backâ€� to the date of the filing of an earlier complaint in certain circumstances. Plaintiff- Appellant Lynda McClelland seeks to use Rule 15(c) to prevent the statute of limitations from barring her discrimination suit against Defendant-Appellee Deluxe F... More...   $0 (07-26-2011 - KS)

Contending that he was improperly terminated, Billy Merrifield, a former Youth Services Administrator of Santa Fe County’s Youth Development Program at the County’s youth correctional facility, sued the County Board of Commissioners and several County officials (collectively, Defendants) in federal court. He brought civil-rights claims under 42 U.S.C. § 1983 alleging that he had been denied p... More...   $0 (07-25-2011 - NM)

This appeal stems from a complaint alleging negligence and wrongful death against the City of Boca Raton for the death of Christopher Milanese, which occurred shortly after his release from police custody. The trial court dismissed the complaint with prejudice for failure to state a claim. Because we conclude that the complaint sufficiently alleges a cause of action, we reverse.

The complai... More...   $0 (07-20-2011 - FL)

On the last day of the three-year limitations period, Eric Katz filed a lawsuit alleging medical malpractice in the death of his mother, Alverna Katz. The lawsuit included as named defendants John Doe, Jane Doe, and Washington University and/or Washington University Medical Center. After discovery, Eric Katz amended the petition by adding the names of Drs. Neal W. Holzum, Scott L. Landry, David Po... More...   $0 (07-19-2011 - MO)

This case comes to us raising issues concerning a contractual arrangement known as a “cash-settled total return equity swap agreement� although our disposition at this stage of the appeal touches only tangentially on such issues.

The Children’s Investment Fund Management (“TCIâ€�) and 3G Capital Partners (“3Gâ€�)1 are hedge funds that entered into cash-settled total return equity ... More...   $0 (07-18-2011 - NY)

David W. Covell and Margaret Covell, who are plenary guardians of their adult son David F. Covell, appeal from a jury’s verdict for the defendant in their products liability suit against Easton-Bell Sports, Inc. They urge us to order a new trial on the ground that the District Court erred by admitting evidence and charging the jury pursuant to sections 1 and 2 of the Restatement (Third) of Torts... More...   $0 (07-13-2011 - PA)

This case is before the Court on appeal from Williams v. American Optical Corporation, 985 So. 2d 23 (Fla. 4th DCA 2008), in which the Fourth District Court of Appeal held that the Asbestos and Silica Compensation Fairness Act (the Act) is unconstitutional as applied to the Appellees. In its decision, the Fourth District also certified conflict with the decision of the Third District Court of Appe... More...   $0 (07-08-2011 - FL)

This appeal arises from an action filed by nine professional football players and one prospective football player (“the Playersâ€�) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, “the NFLâ€� or “the Leagueâ€�). On March 11, 2011, a collective bargaining agreement between the League and a union representing ... More...   $0 (07-08-2011 - MN)

Del Cerro Mobile Estates (Del Cerro) appeals from a judgment of dismissal after the trial court sustained a demurrer filed by the Orange County Transportation Authority (OCTA) and the City of Placentia and its city council (the City) to Del Cerro‟s first amended complaint for declaratory and injunctive relief and petition for writ of mandate. Del Cerro challenged the adequacy, under the Californ... More...   $0 (07-07-2011 - CA)

Natalie J. Charney appeals from the District Court’s order granting summary judgment in favor of the City of Wildwood on her claim under the New Jersey Tort Claims Act. We will affirm.

I.

On August 25, 2006, at approximately 8:45 p.m., Charney was walking with her family on the boardwalk in Wildwood, New Jersey, when she tripped in a hole and fell.1 The hole, which was at the edge... More...   $0 (07-06-2011 - NJ)

David Roth was attempting to unload a railway tank car filled with sulfuric acid when its chemical contents exploded, spraying Roth across his face and chest and inflicting severe burns. Roth brought suit, seeking damages for his personal injuries under the common law, but the District Court held that his lawsuit was preempted by the Hazardous Materials Transportation Act (―HMTA‖), 49 U.S.C. Â... More...   $0 (06-28-2011 - PA)

Plaintiff, Stephanie Williams, sued her employer, CSX Transportation Company, Inc. (“CSXâ€�), for allegedly subjecting her to both racially and sexually hostile work environments. The district court held that Williams failed to file a document that meets the test for a “chargeâ€� with the Equal Employment Opportunity Commission on her claim of a sexually hostile work environment and, thus, fai... More...   $0 (06-28-2011 - TN)

The plaintiffs are landowners in Bayfield County, a rural county at the northern tip of Wisconsin. They brought this suit to quiet title to their property, over which the County claims a right derived from federal law to build snowmobile trails; the plaintiffs contest the County’s claim. The district court granted summary judgment in favor of the plaintiffs. We reversed, 520 F.3d 822 (7th Cir. 2... More...   $0 (06-17-2011 - WI)

Plaintiffs appeal from a judgment regarding the boundary between their parcel and defendants' parcel. The boundary dispute arises from the existence of two possible locations for a section corner: the "BLM corner" or the "Buckingham corner."(1) The boundary between plaintiffs' and defendants' parcels depends on the corner's location, resulting in a disputed area of .12 acres. Finding for defendant... More...   $0 (06-15-2011 - OR)

This appeal relates to 4.5 miles of a railroad right-of-way in Miami County, Kansas, that has been railbanked and is now operated as a recreational trail. Generally, the issues in this appeal focus on the relationship between and the application of the Kansas Recreational Trails Act (KRTA), K.S.A. 58-3211 et seq., and the National Trails System Act, commonly referred to as the federal "Rails to Tr... More...   $0 (06-10-2011 - KS)

In this appeal we consider whether, in a condemnation case, the trial court erred by striking evidence the landowner claims supported its position that certain items were fixtures, not personalty, and removing that issue from consideration by the jury.

BACKGROUND

On February 15, 2008, the Commonwealth Transportation Commissioner of Virginia (Commissioner) filed Certificate of Take No... More...   $0 (06-09-2011 - VA)

¶1 The plaintiffs, Robert J. "Bob" Barton (Barton); Robert J. "Bob" Barton, Trustee of the Robert J. "Bob" Barton Revocable Trust, dated September 23, 1992 (Barton Trust); House of Realty, Inc. (HRI); and collectively the following "Tenants", Pamela L. Barton Stober, Sharlett R. Madison, Jeffrey C. Tackett, Harlan Drake, Phillis Casey, Larry Phillips, Iris Jones, Diane Frith, Richard Spriggs, Ric... More...   $0 (06-07-2011 - OK)

Pharaoh Oil & Gas, Inc. brings this accelerated appeal from a temporary injunction granted in favor of Ranchero Esperanza, Ltd. We reverse the injunction order and remand for trial on merits.

Since late 2004, Ranchero has been the owner of the surface estate and one-half of the mineral estate in a 20,000-21,000 acre ranch located in Crockett County, Texas. Approximately one year... More...   $0 (06-01-2011 - TX)

This court considers for the first time whether a common-law tort for retaliatory discharge may be brought against an employer when an employee claims he or she was fired for filing a wage claim under the Kansas Wage Payment Act (KWPA), K.S.A. 44-313 et seq. The district court dismissed the lawsuit because there was no previously recognized exception to the terminable-at-will doctrine for discharg... More...   $0 (05-26-2011 - KS)

Appellee and Cross-Appellant James Meyer (“Plaintiffâ€� or “Meyerâ€�), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNAâ€�) in connection with the financing by the URE Federal Credit Union (the “credit unionâ€�) of an automobile Meyer purchased. The policy would make the car loan payment on Meyer‟... More...   $0 (05-26-2011 - PA)

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABCâ€�), the appellee, for damages for injuries he allegedly sustained due to childhood lead paint poisoning. The HABC moved for summary judgment on the ground that neither Mitchell nor a representative had satisfied the notice requirements of the Local Government Tort ... More...   $0 (05-25-2011 - MD)