Appellant Randy Brown sued his employer, ClayTex Properties, Inc., alleging he sustained personal injuries in the course and scope of employment. ClayTex is a non-subscriber of workers’ compensation insurance. ClayTex moved for summary judgment alleging, among other grounds, an act of Brown was the sole proximate cause of his injury. The trial court granted ClayTex a summary judgment and this... More...   $0 (03-03-2011 - TX)

Union Pacific Railroad seeks a writ of prohibition to bar the circuit court from compelling arbitration with respect to two plaintiffs in a series of consolidated cases filed under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. There is no written arbitration agreement between Union Pacific and these two plaintiffs. Consequently, the preliminary writ of prohibition is made p... More...   $0 (03-01-2011 - MO)

Union Pacific Railroad Company sued the U.S. Army Corps of Engineers on a property damages theory under 28 U.S.C. 134(b) .... More...   $0 (02-28-2011 - OK)

{¶1} Plaintiff-appellee Patrick McCarthy, an employee of third-party defendantappellee Kinder Morgan Liquids Terminals, LLC (“Kinder Morgan”), was injured on July 5, 2005, while transferring a liquid from a pressurized railroad tank car owned by defendantappellant Sterling Chemicals, Inc., (“Sterling”) to a Kinder Morgan storage tank. McCarthy was standing on the top of the railcar when t... More...   $0 (02-25-2011 - OH)

{¶1} Plaintiff-appellant Louise A. Myers appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which overruled her motion to bifurcate her claim for punitive damages from her claim for compensatory damages filed against defendants-appellees David L. Brown, Jr. and AMCO Insurance Company. Appellant assigns a single error to the trial court:

{¶2} “I. THE TRIAL COURT COMMI... More...   $0 (02-22-2011 - OH)

Respondent brought this inverse condemnation action against South Carolina Department of Transportation (SCDOT). The master in equity granted summary judgment in favor of respondent. SCDOT appeals. We reverse and remand.

FACTS

Respondent owned a tract of land located at the southeast corner of the intersection of Killian Road (running east to west) and Farrow Road (running north t... More...   $0 (02-22-2011 - SC)

The plaintiff, Paulina Lombardi, sustained injuries as a result of a trip and fall accident over a three inch raised sidewalk slab on Main Street in East Haven and commenced an action against the defendant town of East Haven1 pursuant to the municipal highway defect statute, General Statutes § 13a-149.2 Following a two day trial, the jury returned a verdict in the plaintiff’s favor and awarded ... More...   $0 (02-15-2011 - CT)

Troy Banister sued Chicago police officers Craig Burton and Marc Moore along with the City of Chicago (we’ll refer to all the defendants, collectively, as “the City”) alleging deprivation of his civil rights under 42 U.S.C. § 1983. A jury returned a verdict in favor of the City. Banister now appeals the admission of the testimony of one of the City’s main witnesses, the City’s failure t... More...   $0 (02-14-2011 - IL)

The City of Cayce ("City") cited Norfolk Southern Railway Company ("Norfolk") for violating a public nuisance ordinance, Cayce, SC, Code § 28-251. The citation was based on the condition of one of Norfolk's bridges that was covered with rust and graffiti. A municipal judge found Norfolk guilty of violating the ordinance. The circuit court reversed based on its determination the ordinance was p... More...   $0 (02-07-2011 - SC)

An out-of-state insurance company is contemplating doing business in Montana. Preliminary to any authorization to sell policies or the transaction of any business, state law requires the company to appoint the Commissioner of Insurance for service of process, which it did. Although the company began the licensure application process, the company cannot yet sell policies in Montana and has not comp... More...   $0 (01-31-2011 - MT)

James Haigh alleged claims against his former employer, Gelita USA, Inc. (“Gelita”), on the basis of age and disability discrimination and retaliation. The district court1 granted summary judgment in favor of Gelita on Haigh’s claims under the Age Discrimination in Employment Act (ADEA) and his retaliation claim. The remaining claims under the Americans with Disabilities Act (ADA) proceeded ... More...   $0 (01-28-2011 - IA)

Upon consideration of Plaintiff-Appellant’s petition for panel rehearing, we vacate the prior opinion in this case, issued on September 21, 2010 and published at 620 F.3d 1272 (11th Cir. 2010), and substitute the following opinion in its place. In this opinion, we revise footnote six, but do not change the opinion in any other respect. Accordingly, Plaintiff-Appellant’s petition for panel rehe... More...   $0 (01-28-2011 - FL)

Appellants Linda Faust and Donnie Faust sued Appellee BNSF Railway Company (BNSF) for personal injuries and damages that they allegedly sustained from exposure to chemicals released by BNSF’s wood treatment facility in Somerville, Texas. After a lengthy trial, a jury rendered a verdict in favor of BNSF, concluding that BNSF’s negligence, if any, did not proximately cause Linda’s stomach can... More...   $0 (01-27-2011 - TX)

The trial court granted summary judgment in favor of an employer and an employee-supervisor on the ground the one-year statute of limitations had run against a former employee’s claims of sexual harassment and retaliation. It is clear to us that there would be a triable issue of material fact whether the former employee was sexually harassed. But it is equally clear the statute of limitations ra... More...   $0 (01-27-2011 - CA)

In February 2003, the law firm of Wilson & Wilson (Wilson) brought an action against the City Council of Redwood City (City Council), the City of Redwood City (Redwood City), and the Redwood City Redevelopment Agency (Redevelopment Agency) (hereafter collectively the City) to challenge the approval and construction of a retail-cinema redevelopment project in Redwood City‟s downtown. Wilson asked... More...   $0 (01-25-2011 - CA)

On an idyllic fall afternoon, a group of youngsters was engaged in the classic American pastime of touch football. Their play was abruptly interrupted when twelve-year-old Austin Hill stumbled and cut himself on a protruding metal post. The plaintiffs filed a complaint for negligence in Providence County Superior Court, alleging that Austin was injured by a dangerous condition on property owned by... More...   $0 (01-22-2011 - RI)

This is a personal injury action brought pursuant to the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60. The jury found the defendant negligent but reduced the award of damages substantially based on a finding of contributory negligence. The plaintiff appeals, posing claims of both instructional error and evidentiary insufficiency. In the end, however, all roads lead to Rome, and a ... More...   $0 (01-22-2011 - MA)

Plaintiff Kesner Liberal sued the City of Menlo Park (“City”) and seven of its police officers, individually and in their official capacities, under 42 U.S.C. § 1983, for violations of his civil rights arising from a traffic stop and subsequent events. He also brought several claims under California law against the City and its officers. Defendants filed a motion for summary judgment, asserti... More...   $0 (01-19-2011 - CA)

Before 1963, there was no Padre Island National Park off the coast of the State of Texas. It took a lot of maneuvering between the State of Texas and the United States to create the national park out of these coastal island lands, much belonging to the State of Texas, some belonging to private parties. The Texas Consent Statute, the deeds of conveyance, the federal Enabling Act of 1962, and the Oi... More...   $0 (01-07-2011 - TX)

Alfred Albano and two other homeowners in a Gilbert, Arizona subdivision seek review of the district court’s judgment holding that their defective construction claims against the developer, Shea Homes Limited Partnership, are barred by the Arizona state statute of repose. The district court held that Arizona, as a matter of state law, would apply the tolling rule of American Pipe & Construction ... More...   $0 (01-04-2011 - AZ)

Renia A. Cornwell died at a railroad grade crossing when the vehicle she was driving hit a locomotive owned and operated by Union Pacific Railroad Company. Her husband, Dennis R. Cornwell, brought a wrongful death action against Union Pacific alleging negligent, reckless, and intentional wrongdoing in the operation and maintenance of the locomotive’s horn as well as in the construction and maint... More...   $0 (01-03-2011 - OK)

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... More...   $480000 (12-31-2010 - NY)

“Won’t you be my neighbor?”1 Curt Daniels, the owner of a corporation sold at a sheriff’s sale, seeks to have the sale set aside because, he argues, it lacked a just appraisal, the appraisers were not “disinterested householders of the neighborhood,” and the property sold for a grossly inadequate price. Iowa Code § 626.93 (2005). Daniels argues it is improper to adjust the appraisal o... More...   $0 (12-30-2010 - IA)

Plaintiff/Appellant Saundra Kaye (Pace) Mason (“Wife”) and Defendant/Appellee James E. Mason (“Husband”) were married in 1991. At the time the parties married, Wife had two small children from a prior relationship. After the parties married, they had one child, who was a minor at all pertinent times during the proceedings below.

Both Husband and Wife have a high school education and... More...   $0 (12-28-2010 - TN)

This diversity jurisdiction case presents issues concerning federal preemption and sufficient pleading of a plaintiff’s claim that she has been injured by a medical device—a hip replacement— allegedly manufactured in violation of federal law.

Plaintiff Margaret J. Bausch appeals the district court’s dismissal of her case against defendants Stryker Corporation, HOC, and Stryker Irela... More...   $0 (12-23-2010 - IL)