WORK COMP PRIVACY: Declaratory/injunctive relief/supervisory control of 1st Dist. judges as to ex parte dissemination [Read more…]
Preliminary injunction, short-line RR, arbitration
PRELIMINARY INJUNCTION improperly went far beyond relief requested by State, required RR to resume per-car payments to [Read more…]
Discovery, “IME with contrast,” seizure disorder
DISCOVERY: Order by H. Brown allowing “IME with contrast” to determine whether seizure disorder may be attributable to non- [Read more…]
Railroads, shortline arbitration, voluntary dismissal
RAILROADS: Arbitration award in shortline dispute properly confirmed… Rule 41(a)(2) voluntary dismissal properly denied… [Read more…]
Railroads, shortline, payment terms relitigation
RAILROADS: Shortline operator (CMR) as assignee of State not allowed to voluntarily dismiss long-running Federal Court litigation to allow State to re-litigate in State Court claims lost in Federal Court… claims for $9.8-$56.6 million for lost [Read more…]
Jurisdiction/procedure, shortline settlement
JURISDICTION/PROCEDURE: No federal jurisdiction over State’s litigation of shortline RR settlement agreement with BN, removal by BN improvident, remanded to State Court, but relief sought by State (reinstitution of per-car payments by [Read more…]
Arbitration, shortline interchange agreement
ARBITRATION award allowing BN to terminate shortline interchange agreement and base future pay pursuant to Rule 11 arrangement rather than per-car as under terminated agreement confirmed… Strong. [Read more…]
Defense verdict, RR crossing collision, death
VERDICT: Defense, RR crossing collision, death/emotional distress.
A Bozeman jury found 11-1 that MRL was not negligent and 12-0 that BNSF was not negligent in connection with a crossing collision in which Trey Julius was killed 12/16/03 at 6:45 p.m. 1 mile west of Belgrade. [Read more…]
Defense verdict, failure-to-yield auto, brain
VERDICT: Defense, failure-to-yield auto, admitted liability, claimed traumatic brain injury sustained by psychologist. [Read more…]
Railroads, short line tort claims, preemption
RAILROADS: Tortious interference/misrepresentation/punitives claims by short-line operator over location of shuttle/elevator/spur preempted by ICCTA… Strong. [Read more…]