SERVICE: Equitable tolling denied for FELA complaint where 7 years elapsed between injury and service on 2nd complaint after [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…]
FELA, $300,000 release, $1,360,000 verdict
FELA: $300,000 RR slip & fall release properly set aside for mutual mistake as to undisclosed pre-existing spinal [Read more…]
Defense verdict, pedestrian/auto, $52,000 settlement
VERDICT: Defense (95/5), pedestrian/auto, head/ neck/ribs/pelvis… $52,000 settlement from State and City. [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…]
Note/procedure, individual v. company borrowers
NOTE/PROCEDURE/FEES: Successor judges correctly overruled Henson’s summary judgment for Plaintiff… note specified individuals, not company, lender’s claim against [Read more…]
Product liability, child car seat, death
PRODUCT LIABILITY: Child safety seat maker’s invitation to adopt Restatement for admissibility of regulations as to liability for defective design declined, compliance with FMVSS “minimal standards” irrelevant to design defect claim… prior model substantially similar to death accident model, evidence as to recall/test failures of earlier model [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…]
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