The Railroad Revitalization and Regulatory Reform Act (“4-R Act”) 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 Island” or “District”), a subdivision of Illinois, changed its long standing method for calculating assessments due from

¶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, fr

Federal Rule of Civil Procedure 15(c) provides that, for purposes of the statute of limitations, a subsequently amended complaint may “relate back” 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

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 b

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

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 (“TCI”) and 3G Capital Partners (“3G”)1 are hedge funds that entered into cash

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

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

This appeal arises from an action filed by nine professional football players and one prospective football player (“the Players”) against the National Football League and its thirty-two separately-owned clubs, more commonly known as football teams (collectively, “the NFL” or “the League”). On March 11, 2011, a collective bargaining agreement between the League a

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 Cali

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

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

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‖), 4

Plaintiff, Stephanie Williams, sued her employer, CSX Transportation Company, Inc. (“CSX”), 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 “charge” with the Equal Employment Opportunity Commission on her claim of a sexually hostile work environmen

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

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

[¶1] Riverwood Commercial Park, LLC, and Tom S. Freidt (collectively "Riverwood") appealed from a summary judgment dismissing Riverwood's action against Standard Oil Company, Inc. ("Standard") and Tesoro Refining and Marketing Company ("Tesoro"). We conclude the district court did not err in granting summary-judgment dismissal of Riverwood's claims because the court correctly ruled as a matter

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 C

tices, join.

This is a products liability case. Cipriano Shears, his wife and children sued Caterpillar, Inc. and B.D. Holt Company for personal injuries Shears suffered in a collision of two front-end loaders. The rollover protective structure or "ROPS" for the loader Shears was operating was not installed at the time of the accident. Shears alleged that Caterpillar, the manufactur

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

In the Circuit Court for Baltimore City, Kevin Antoine Mitchell, the appellant, sued the Housing Authority of Baltimore City (“HABC”), 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 Governme

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

¶1 Defendant/Appellants, Stanley D. Booker, Paula J. Booker, James L. Davis, and Jane Davis (collectively Landowners), seek review of the trial court's order granting the motion of Plaintiff/Appellee, City of Marlow (City), to dismiss Landowners' counterclaim for inverse condemnation in City's condemnation action. We hold Landowners may not prosecute a counterclaim in City's condemnation action

Appellee and Cross-Appellant James Meyer (“Plaintiff” or “Meyer”), a Union Railroad employee for approximately 31 years, purchased a credit disability insurance policy from Appellant CUNA Mutual Group (“CUNA”) in connection with the financing by the URE Federal Credit Union (the “credit union”) of an automobile Meyer purchased. The policy would make

Jaclynn S. Reynolds sued the City of Norman on a governmental tort claim act theory claiming that on September 14, 2009 on a city sidewalk west of railroad track on the north side of Main Street in the City of Norman at approximately 10:15 p.m. when she fell and was injured as a direct result of a large drop off in the concrete. She claimed that the drop off was a result of a failure on the part o