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BNSF loses $17M verdict, faulted for concrete barrier at railroad crossing
Many lawsuits against railroads involve allegations of a lack of safety devices. In a case in Cape Girardeau County that resulted in a $17 million plaintiff’s win, the safety device was the issue. A jury on Aug. 30 awarded $12 million in compensatory damages and $5 million in punitive damages for a girl who was […]
Flawed jury instructions prompt second reversal by 8th Circuit in railroad employment case
For the second time, a panel of the 8th U.S. Circuit Court of Appeals has sent a railroad employment case back to a U.S. district court because of faulty jury instructions. Referred to by plaintiff Edward Blackorby in his appeals brief as “arguably the most important case” in the past decade under the whistleblower-protection provisions […]
BNSF mostly at fault for worker’s injury, jury finds
A Greene County jury has awarded more than $5 million to a 44-year-old former railroad worker injured in a 2015 fall at a Springfield rail yard. The 10 jurors deemed that defendant BNSF Railway Co. was 80 percent at fault in plaintiff James Mitchell’s claim that his fall was caused by a broken handrail. That […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
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- 8th Circuit tosses suit claiming false sale prices
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