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Williams, age 17, was struck by a train while he and his friends were running away from a police officer. He sued the railway. The district court held, on summary judgment, that Williams was barred from recovery by Indiana law because he was more than 50% at fault for the accident. The Seventh Circuit affirmed. The Indiana Comparative Fault Act bars recovery in actions based on fault if the claimant’s fault exceeds 50% of the total fault, IND. CODE 34-51-2. No fact-finder could reasonably conclude that Williams bore 50% or less of the relative fault. Video evidence plainly shows that the train’s horn and bells were sounding and that its lights were on. The gate was down, with lights that faced the young men, and those lights were flashing. View "Williams v. Norfolk Southern Corp." on Justia Law

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The State of Washington taxes “motor vehicle fuel importer[s]” who bring large quantities of fuel into the state by “ground transportation,” Wash. Code 82.36.010(4), (12), (16). Cougar, a wholesale fuel importer owned by a member of the Yakama Nation, imports fuel over Washington’s public highways for sale to Yakama-owned retail gas stations located within the reservation. In 2013, the state assessed Cougar $3.6 million in taxes, penalties, and licensing fees for importing motor vehicle fuel. Cougar argued that the tax, as applied to its activities, is preempted by an 1855 treaty between the United States and the Yakama Nation that reserves the Yakamas’ “right, in common with citizens of the United States, to travel upon all public highways,” 12 Stat. 953. The Washington Supreme Court and the U.S. Supreme Court agreed. The statute taxes the importation of fuel, which is the transportation of fuel, so travel on public highways is directly at issue. In previous cases involving the treaty, the Court has stressed that its language should be understood as bearing the meaning that the Yakamas understood it to have in 1855; the historical record adopted by the agency and the courts below indicates that the treaty negotiations and the government’s representatives’ statements to the Yakamas would have led the Yakamas to understand that the treaty’s protection of the right to travel on the public highways included the right to travel with goods for purposes of trade. To impose a tax upon traveling with certain goods burdens that travel. View "Washington State Department of Licensing v. Cougar Den, Inc." on Justia Law

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Skydive Myrtle Beach, Inc. brought this lawsuit alleging Horry County, the Horry County Department of Airports, and several of their individually named employees improperly attempted to remove Skydive from the space it leased at Grand Strand Airport in North Myrtle Beach, South Carolina. The circuit court dismissed Skydive's claims against the individually named employees pursuant to Rule 12(b)(6) of the South Carolina Rules of Civil Procedure, without allowing Skydive leave to amend its complaint. The court of appeals affirmed in an unpublished opinion. Finding that the circuit court should have allowed Skydive an opportunity to amend its complaint pursuant to Rule 15(a), the South Carolina Supreme Court reversed the court of appeals and remanded the case to the circuit court to allow Skydive an opportunity to file its amended complaint. View "Skydive v. Horry" on Justia Law

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The town appealed the district court's grant of a permanent injunction barring it from enforcing an ordinance regulating hazardous substances and certain zoning bylaws against Vermont Railway in connection with the railway's road salt transloading facility. The Second Circuit affirmed and held that the ordinance did not meet the "police powers" exception to preemption by the Interstate Commerce Commission Termination Act (ICCTA), because the ordinance imposed on rail activity restrictions that did not meaningfully protect public health and safety. Therefore, the ordinance was preempted by the ICCTA. The court held that, to the extent the town challenged the district court's ruling that the railway's activities did not constitute "transportation by rail carrier," the challenge was dismissed based on lack of jurisdiction. View "Vermont Railway, Inc. v. Town of Shelburne" on Justia Law

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Loos sued BNSF under the Federal Employers’ Liability Act for injuries he received while working at BNSF’s railyard. A jury awarded him $126,212.78, ascribing $30,000 to lost wages. BNSF asserted that the lost wages constituted “compensation” taxable under the Railroad Retirement Tax Act (RRTA) and asked to withhold $3,765 of the $30,000. The district court and the Eighth Circuit rejected the requested offset. The Supreme Court reversed. A railroad’s payment to an employee for work time lost due to an on-the-job injury is taxable “compensation” under the RRTA. RRTA refers to the railroad’s contribution as an “excise” tax, 26 U. S. C. 3221, and the employee’s share as an “income” tax, section 3201. Taxes under the RRTA and benefits under the Railroad Retirement Act, 45 U.S.C. 231, are measured by the employee’s “compensation,” which both statutes define as “any form of money remuneration paid to an individual for services rendered as an employee.” The Court noted similar results under the Federal Insurance Contributions Act and the Social Security Act. View "BNSF Railway Co. v. Loos" on Justia Law

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Ruark was working for Union Pacific, using a hydraulic rail drill. Ruark was involved connecting the drill to the hydraulic lines and used the machine to drill several holes without noticing any leaking fluid or other malfunction. As he drilled the last hole, Ruark reached down to turn the drill off. Hot fluid sprayed over him, including in his eyes. Ruark declined medical attention. The supervisor sent him home to clean up. Ruark returned the following day, but did not do much work, because, he claims, “it hurt too bad.” Ruark saw his regular nurse practitioner the next day, for “sinus and stomach problems.” Ruark did not return to work because he was convicted of a felony unrelated to the accident. Ruark sued under the Federal Employers Liability Act, 45 U.S.C. 51-60. Ruark’s prison sentence interrupted his trial preparation. The judge denied a motion for a continuance because the case had been pending for almost three years, Ruark had been well represented by his initial counsel, and Ruark's incarceration did not justify reopening exhausted deadlines and allowing Ruark to begin discovery anew. The judge allowed Ruark’s trial testimony by video deposition and deposition of Ruark’s treating physician. The Seventh Circuit affirmed the rejection of Ruark’s theory of negligence based on res ipsa loquitur. That doctrine requires that the defendant was in control of the instrumentality that caused the injury and that the plaintiff was not also negligent; those conditions were not met. A jury could not assume that “the matter spoke for itself.” The court did not abuse its discretion by refusing to grant a continuance. View "Ruark v. Union Pacific Railroad Co." on Justia Law

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The Fourth Circuit affirmed the district court's order granting summary judgment to the City and the Foundation in an action alleging discriminatory taxation in violation of the Railroad Revitalization and Regulatory Reform Act of 1976. The court applied the factors in San Juan Cellular Tel. Co. v. Pub. Serv. Comm'n, 967 F.2d 683, 685 (1st Cir. 1992), and held that the City's storm water management charge was a fee, rather than a tax, and therefore was not subject to the Act's requirements. In this case, the charge was imposed by the City's legislative body, and the charge was part of a comprehensive regulatory scheme. View "Norfolk Southern Railway Co. v. City of Roanoke" on Justia Law

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Plaintiff Matthew Ziniti sued defendant New England Central Railroad, Inc. after he was seriously injured in a train-car collision. Plaintiff appealed the trial court’s partial summary judgment ruling and the ensuing jury verdict for defendant, arguing the trial court erred by: (1) granting defendant summary judgment precluding him from presenting evidence that defendant’s failure to place a crossbuck on the right side of the road at the site of the railroad crossing, or to take steps to ensure that an “advance warning” sign was present, caused or contributed to the collision; (2) denying a request for the jurors to view the crossing where the accident occurred; (3) denying his motion for a directed verdict on the railroad’s negligence on account of its violation of a safety statute relating to maintenance of the railroad’s right of way; and (4) denying his request for an instruction on the sudden emergency doctrine. After reviewing the trial court record, the Vermont Supreme Court rejected each of these arguments and, accordingly, affirmed the judgment in favor of defendant. View "Ziniti v. New England Central Railroad, Inc." on Justia Law

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Kopplin, a former train conductor, brought claims of negligence and negligence per se against the Wisconsin Central railroad under the Federal Employers’ Liability Act, 45 U.S.C. 51, alleging that Kopplin injured his elbow in trying to operate a broken railroad switch on January 24, 2014. The district court granted the railroad summary judgment because Kopplin could not prove that the broken switch caused his injury. The Seventh Circuit affirmed. A video of the incident shows no immediate signs of injury and Kopplin never mentioned any pain to his coworkers until two hours later. He had continued to perform other physical tasks. Kopplin’s sole causation expert conceded, in a deposition, that he knew so little about Kopplin’s job that it would be mere speculation to say throwing a switch even could cause the elbow injury and that he did not investigate whether Kopplin’s other physical activities could have caused his renewed elbow problems. That expert later provided an affidavit in which he definitively stated that the January 24 incident caused the elbow injury, explaining that the nature of the injury was so clear that there was no need to even consider other potential causes. The judge refused to consider the affidavit because it contradicted sworn deposition testimony. View "Kopplin v. Wisconsin Central Limited" on Justia Law

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Delivery drivers filed a putative class action, alleging that AEX misclassified them as independent contractors when they are actually employees under the New Jersey Wage and Hour Law (NJWHL), and the New Jersey Wage Payment Law (NJWPL). AEX argued that the Drivers’ claims are preempted by the Federal Aviation Authorization Administration Act of 1994 (FAAAA), 49 U.S.C. 14501- 06. The district court denied AEX’s motion and certified the order for interlocutory appeal. The Third Circuit affirmed. The FAAAA does not preempt the New Jersey law for determining employment status for the purposes of NJWHL and NJWPL. AEX has not shown that New Jersey’s "ABC classification" test has a “significant impact” on Congress’ deregulatory efforts with respect to motor carrier businesses, nor are the NJWHL and NJWPL—typical state wage and hour laws—the kinds of preexisting state regulations with which Congress was concerned when it passed the FAAAA. New Jersey’s ABC classification test has neither a direct, nor an indirect, nor a significant effect on carrier prices, routes, or services. View "Bedoya v. American Eagle Express, Inc" on Justia Law