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Railroad Law
 
LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo... More...   $0 (08-17-2018 - )

Protect Niles v. City of Freemont, Doug Rich, Real Party in Interest and Appellants

The City of Fremont (City) approved a residential and retail development (Project)
in its Niles historical district over considerable neighborhood opposition. The City
adopted a mitigated negative declaration after finding the Project as mitigated would have
no significant adverse environmental impact. Protect Niles1 petitioned for a writ of
mandamus ordering the City to overturn t... More...
   $0 (08-12-2018 - CA)

Caleb Bixler v. State of Indiana

In August of 2015, Bixler, Keith Cornwell (Cornwell), Ricky Ogden (Ogden), John Murphy (Murphy), and Ron Trahan (Trahan) were all residing in a two story house located on the east side of Indianapolis, Indiana. Trahan occupied the downstairs bedroom. One of the two upstairs bedrooms was shared by Ogden and Murphy, while Cornwell and Bixler shared the other. Cornwell did not get along with T... More...   $0 (08-12-2018 - IN)

State of Tennessee v. James Douglas Hamm, Jr.

In November 2014, the Sullivan County Grand Jury charged the defendant with vehicular homicide by intoxication, leaving the scene of an accident involving death, two counts of reckless endangerment, failure to exercise due care, and running a red light; the defendant was also charged with alternative counts of driving under the influence: driving under the influence of an intoxicant, driving with ... More...   $0 (08-01-2018 - TN)

State of Tennessee v. Santory Alexander Johnson

This case arose after the shooting death of the victim, Christopher Jones, on October 4, 2013. On February 19, 2014, the Hamilton County grand jury charged the Defendant with one count of first degree murder and one count of possession of a firearm with a violent felony conviction. See Tenn. Code Ann. §§ 39-13-202; -17-1307. The firearm charge was later dismissed, and the Defendant proceeded to... More...   $0 (08-01-2018 - TN)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

In November 2015, Garrett pled no contest to possession of methamphetamine and possession with intent to distribute a controlled substance. He was found guilty of both felony offenses. The presentence investigation report calculated Garrett's criminal history score as B, based in part on his 2009 California conviction for first-degree burglary.

At sentencing, Garrett objected to the cla... More...
   $0 (07-28-2018 - KS)

Meryl Squires-Cannon, et al. v. Forest Preserve District of Cook County, et al. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

The Forest Preserve District of Cook County, Illinois, has been trying to acquire a 400-acre estate in Barrington after the owners defaulted on a mortgage and note held by the Forest Preserve. The Forest Preserve foreclosed and then bought the property at the foreclosure auction. The original owners have expressed their opposition by filing five lawsuits of their own, in addition to raising af-fir... More...   $0 (07-26-2018 - IL)

Cedric Levone James v. The State of Texas

In a jury trial, Cedric Levone James was convicted for evading arrest or detention with a
motor vehicle. After James pled true to the State’s enhancement allegation, he was sentenced to
fifteen years’ imprisonment. On appeal, James argues that the trial court erred in admitting
evidence during the guilt/innocence phase of his trial that he was a registered sex offender who
had... More...
   $0 (07-24-2018 - TX)

STATE OF KANSAS v. ALTON SILVERSON

Silverson was charged with several crimes resulting from an incident that occurred at the Kunkle residence, where Rita and David lived with their adult daughter, Ruth. The events were recounted by the Kunkle family at trial.

As Rita and Ruth were returning home from the grocery store on the evening of December 2, 2015, they saw a car pull into a driveway across the street. Rita went in... More...
   $0 (07-16-2018 - KS)

Ricky Griffitts vs. Old Republic Insurance Company, BNSF Railway Company, and James M. Campbell Missouri Supreme Court - Jefferson City, Missouri

Appellant Ricky Lee Griffitts (“Griffitts”) was rear-ended by James Campbell (“Campbell”), an employee of BNSF Railway Company (“BNSF”), in Springfield, Missouri. Campbell was driving a BNSF company vehicle and was intoxicated at the time of the collision. Numerous lawsuits ensued, including the instant equitable garnishment action that Griffitts filed against BNSF and its insurer, Old Republic (c... More...   $0 (07-15-2018 - MO)

SPECIALTYCARE IOM SERVICES, LLC v. MEDSURANT HOLDINGS, LLC, ET AL.

SpecialtyCare IOM Services, LLC (“SpecialtyCare,” or “Appellee”) and Medsurant Holdings, LLC (“Holdings”) and Medsurant, LLC (together with Holdings, “Medsurant,” or “Appellants”) are direct competitors in the intraoperative
neurophysiologic monitoring services(“IOM”)industry. IOM services are typically used for patients undergoing operations related to the nervous system, or procedures that... More...
   $0 (07-09-2018 - TN)

Trump, President of the United States, et al. v.Hawaii, et al. United States Supreme Court Building - Washington, D.C.

Under the Immigration and Nationality Act, foreignnationals seeking entry into the United States undergo a vetting process to ensure that they satisfy the numerous requirements for admission. The Act also vests the President with authority to restrict the entry of aliens whenever he finds that their entry “would be detrimental to the interests of the United States.” 8 U. S. C. §1182(f). Relying on... More...   $0 (06-26-2018 - DC)

National Institute of Family and Life Advocates, d/b/a NIFLA, et al. v. Becerra Attorney General of California, et al. United States Supreme Court Building - Washington, D.C.

Freedom, Accountability, Comprehensive Care, and Transparency Act (FACT Act) requires clinics that primarily serve pregnant women toprovide certain notices. Cal. Health & Safety Code Ann. §123470 et seq. (West 2018). Licensed clinics must notify women that California provides free or low-cost services, including abortions, and give them a phone number to call.Unlicensed clinics must notify women t... More...   $0 (06-26-2018 - DC)

Daryl Sutula-Johnson v. Office Depot, Inc. Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Plaintiff Daryl Sutula‐Johnson
sued her former employer, alleging that its changes to her
compensation for selling office furniture breached its contract
with her and violated the Illinois Wage Payment and Collection
Act. The district court granted summary judgment for the
employer. We affirm summary judgment for the employer on
2 No. 17‐1855
the claims for ... More...
   $0 (06-25-2018 - IL)

Jasson H. Cabrera and Eni Cabrera v. National Railroad Passenger Corporation (AMTRAK) Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Trenton, NJ - Jasson H. Cabrera and Eni Cabrera sued the National Railroad Passenger Corporation (AMTRAK) on personal injury auto negligence theories.... More...   $0 (06-21-2018 - NJ)

American Indian Health & Services Corporatioon v. Jennifer Kent, as Director

The State Department of Health Care Services and its director (collectively, the
Department) appeal from a judgment in favor of plaintiffs on a petition for a writ of
mandate. Plaintiffs are 23 federally qualified health centers (FQHC’s) and rural health
clinics (RHC’s) that serve medically underserved populations (the Clinics). (42 U.S.C.
§§ 254b(a)(1), 1396d(l)(1), (2), 1395x(aa)... More...
   $0 (06-20-2018 - CA)

CLIFTON STEEL COMPANY vs. TRINITY EQUIPMENT COMPANY

Clifton is a steel manufacturer whose products include wear parts for the railroad
industry. Railroad wear parts are replaced on a consistent basis “to protect wear within the
[railroad] car itself.” Trinity sells railroad parts and has acted as Clifton’s sales agent since
1986. No written contract between the companies existed until May 4, 2012, when the parties
e... More...
   $0 (06-09-2018 - OH)

Amber Jones v. William Haynes, III Middle District of Tennessee - Estes Kefauver Federal Courthouse Nashville, Tennessee

Appellants Amber Jones and Deanna Lack appeal the district court’s decision to dismiss their suit for lack of subject-matter jurisdiction after finding that the Appellants’ case is moot. Because we agree that Appellants’ case is moot following the repeal of Tenn. Code Ann. § 2-10-102(12)(A) (2015),1 we AFFIRM. I. Our prior opinion in this case sets forth much of the relevant factual background, an... More...   $0 (06-06-2018 - TN)

MARTIN GRIFFIN v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION

Griffin began his railroad employment in 1988, when the territory in which he worked was
owned by the Soo Line Railroad. The territory has been owned by several other entities during
Griffin’s twenty-five-year railroad career, including I&M Rail Link (“IMRL”), Iowa, Chicago &
Eastern Railroad Company, and, most recently, Dakota, Minnesota & Eastern Railroad
Corporation (“the R... More...
   $0 (06-02-2018 - MO)

Len Boogaard v. National Hockey League, et al. Northern District of Illinois Courthouse - Chicago, Illinois

Len and Joanne Boogaard appeal the dismissal of the wrongful-death action they brought as the personal representatives of the estate of their son, Derek
* Of the Eastern District of Wisconsin, sitting by designation.
2 No. 17-2355
Boogaard. They devote their appeal almost entirely to argu-ments that would spark excitement—or fear—in the heart of a civil procedure student. There is a Ha... More...
   $0 (05-25-2018 - IL)

David L. Kukowski v. Soo Line Railroad Company Morelaw Internet Marketing for Legal Professionals Helping People Find You On The Internet 888-354-4529

Minneapolis, MN - David L. Kukowski sued Soo Line Railroad Company on a personal injury negligence theory.... More...   $0 (05-17-2018 - MN)

Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

STATE OF OHIO - vs - DONALD WILLIAM DEWEES

Defendant-appellant, Donald W. DeWees, appeals his convictions and
sentences following a jury trial in the Trumbull County Court of Common Pleas for
Attempted Rape and Kidnapping. The issues before this court are whether charges for
Kidnapping and Attempted Rape merge where the victim has been moved to a secretive
confinement before the attempt is made to avoid detection and w... More...
   $0 (05-04-2018 - OH)

Justin Black v. Crop Production Services, Inc., Agrium US, Inc. and Chicago, Central & Pacific Railroad Company Morelaw Internet Marketing for Legal Professionals Click Here To Find A Lawyer 888-354-4529

Des Moines, IA - Justin Black sued Crop Production Services, Inc., Agrium US, Inc. and Chicago, Central & Pacific Railroad Company on personal injury negligence theories.... More...   $0 (05-03-2018 - IA)

ARCH COAL, INC. v. R. ALEXANDER ACOSTA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF LABOR AND DEPARTMENT OF LABOR

The BLBA imposes liability on coal mine operators for payment of monthly benefits to coal miners who contract pneumoconiosis, or black lung disease, from their employment in the mines. See 30 U.S.C. §§ 922(a), 932(c). In order for an operator to be held liable, it must have employed the miner for at least one year and be “capable of assuming its liability for a claim.” 20 C.F.R. § 725.494(c), (e) ... More...   $0 (04-28-2018 - DC)

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