Railroad Law
 
Wayne Webb v. Servicemaster BSC, LLC

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 Discri

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Thomas A. Nerswick v. CSX Transportation, Inc.

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.

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John Weckesser v. Chicago Bridge and Iron

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. Accordi

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Sony BMG Music Entertainment v. Joel Tenenbaum

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 thirt

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Donzel M. Page v. National Railroad Passenger Corporation

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 conside

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Robert J. "Bob" Barton v. City of Midwest City

¶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, R

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South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. The Kitten Family Living Trust, et al

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

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Pamela J. Harris v. Governor Pat Quinn

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

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Sarah Illig v. Union Electric Company

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."

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Samson Lone Star Limited Partnership, n/k/a Samson Lone Star, L.L.C. v. Charles G. Hooks

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

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Roland L. Walker v. CSX Transportation, Inc.

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

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Richard E. Carpenter v. Olga Y. Carpenter

¶1 Both parties appeal from a divorce judgment wherein a decree of divorce was rendered to each of the parties on the grounds of incompatibility. The parties will be referred to as they appeared below, Richard E. Carpenter being plaintiff, and Olga Y. Carpenter the defendant.

[657 P.2d 648]

¶2 At the time of trial, plaintiff was sixty-two years of age and defendant sixty-one, t

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Charles Seber and Barbara Seber v. Union Pacific Railroad Company

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 railro

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Susan G. Reid v. Charles Hutto

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 200

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Willis Martin, Jr. v. City of Temple

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

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Dakota, MN & Eastern R.R. v. Kevin Schieffer

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

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Ronald W. Rice v. BNSF Railway Company

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.

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Christopher Millea v. Metro-North Railroad Company

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

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YAHOLA SAND & GRAVEL COMPANY v. MARX

¶1 Many years ago Mr. Frank Marx, the defendant in error, hereinafter referred to merely as plaintiff, was in the employ of a railway corporation. He knew how to figure rates and taxes on interstate shipments.

¶2 Mr. Walter Dills was then the manager of a concern which was the predecessor of plaintiff in error, hereinafter referred to merely as defendant. Mr. Dills induced Mr. Marx to

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Mohammad Mansur v. Ford Motor Company

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 r

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Phillip Gray v. City of Indianola, Iowa

Several property owners sued the city of Indianola challenging the special assessments levied for paving a gravel road abutting their property and installing a sidewalk. The district court found the property owners had been assessed in excess of the special benefits received from the project and reduced the assessments. The city appealed. We affirm in part, reverse in part, and remand for further

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State of Missouri ex rel. Neal W. Holzum, M.D. v. The Honorable Nancy L. Schneider

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

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Ronald W. Rice v. BNSF Railway Company

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.
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Melissa Stampf v. Long Island Railroad Company

Melissa Stampf sued Long Island Railroad Company claiming that she was wrongfully arrested after she was falsely accused of groping and shaking a co-worker's breast. On July 9, 2006, LIRR employee Angela Trigg reported her co-worker Melissa Stampf came up to her car, reached through an open window and shook her left breast. Stampf was arrested and paraded past co-workers in handcuffs and was lock

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Robert B. Allen v. Devon Energy Holdings, L.L.C.

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

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