Cases

Opinion for the Court filed by Senior Circuit Judge SENTELLE. SENTELLE, Senior Circuit Judge: In July 2013, the Surface Transportation Board issued a decision modifying its procedures for rate reasonableness cases. See Rate Regulation Reforms (“Decision”), STB Ex Parte No. 715 (served July 18, 2013). CSX challenges the decision on fou

650 F.3d 1392 (2011) Roland L. WALKER, Deborah P. Walker, Plaintiffs-Appellants, v. CSX TRANSPORTATION, INC., a Virginia Corporation, John Does 1-10, Georgia Residents, Norfolk Southern Railway Company, a Virginia Corporation, Norfolk Southern Corporation, a Virginia Corporation, Defendants-Appellees, Unilever Bestfoods of North America, a Division of Conopco, Inc., a New York Corporation, Defendant. No. 10-14136.

*286 MEMORANDUM OPINION AND ORDER JACK ZOUHARY, District Judge. Pending before the Court are Plaintiffs’ Motions for Class Certification (Taylor Doc. No. 108; Crowl Doc. No. 59). The Motions have been fully briefed, and the Court also has had the benefit of oral argument (Taylor Doc. No. 254; Crowl Doc. N

PER CURIAM. AFFIRMED. Justice MARTIN did not participate in the consideration or decision of this case.

OPINION Justice SAYLOR. This appeal concerns the limits of the Public Utility Commission’s authority to allocate costs associated with a rail-highway crossing project. We consider the Commonwealth Court’s holding that the Commission may not allocate costs to a transportation utility which regularly uses a crossing site in railroad operations but does not own real property or facilities there.</

Upon consideration of the petition for discretionary review, filed by Plaintiffs on the 1st day of June 2005 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the petition for discretionary review as to additional issues is

HUDSON, Judge, concurring in part and dissenting in part. The majority here affirms the grant of summary judgment to the defendants/third-party plaintiffs (the Railroad defendants). I agree with much of the majority’s analysis of the applicable legal standard, but I believe that the forecast of evidence raises genuine issues of material fact as to whether the crossing was “more

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued May 9, 2023 Decided June 30, 2023 No. 22-1209 NORFOLK SOUTHERN RAILWAY COMPANY, PETITIONER v. SURFACE TRANSPORTATION BOARD AND UNITED STATES OF AMERICA, RESPONDENTS CSX TRANSPORTATION, INC., INTERVENOR On Petitio

FILED September 27, 2021 STATE OF WEST VIRGINIA EDYTHE NASH GAISER, CLERK SUPREME COURT OF APPEALS SUPREME COURT OF APPEALS OF WEST VIRGINIA

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE ROSS FONTANA : : Plaintiff, : C.A. No. K24C-04-018 JJC : (Consolidated) v. : : CSX TRANSPORTATION, INC., and : ANITA ORONZIO AND GABRIEL : ORONZIO, III, AS PERSONAL : REPRESENTATIVES OF THE : ESTATE OF LUIGI ORONZIO, :

Justice HOENS delivered the opinion of the Court. The State’s power to condemn private property is strictly limited by the constitutional rights of citizens to be free of takings without just compensation. See U.S. Const. amend. V; N.J. Const. art. IV, § 6, H 3. Moreover, as a further means to protect the constitutional

2024 IL App (1st) 230481 Fourth Division Filed May 23, 2024 No. 1-23-0481 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ANNETTE SANDERS

307 Ga. 566 FINAL COPY S19G0008. NORFOLK SOUTHERN RAILWAY COMPANY v. HARTRY et al. BETHEL, Justice. We granted certiorari in this case to consider whether Winford Hartry’s claim under the Federal Employers’ Liability Act (“FELA”), 45 USC § 51 et seq., is precluded by regulations issued pursuant to the Federal Railroad Safety Act (“FRSA”), 49 USC § 20101 et seq. Because we conclude that FRSA and its regulations do not preclude Hartry’s FELA claim, we affir

01/30/2025 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE November 14, 2024 Session TROY L. ROUZER v. CSX TRANSPORTATION, INC. Appeal from the Circuit Court for Hamilton County No. 18C330 L. Marie Williams, Judge No. E2023-01271-COA-R3-CV

JAMES L. GRAHAM, United States District Judge The Scioto Greenways Project in downtown Columbus reshaped the Scioto River by removing the Main Street Dam and narrowing and deepening the river channel. Plaintiffs CSX Transportation, Inc. and Norfolk Southern Railway Company each operate two railroad tracks that run across a bridge spanning the Scioto River a few hundred feet downstream of where the Main Street Dam was located. Knowin

02/12/2019 IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE January 15, 2019 Session GLORIA ANDREWS, ET AL. v. NORFOLK SOUTHERN RAILWAY COMPANY Appeal from the Circuit Court for Knox County No. 2-468-11 William T. Ailor, Judge

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1782 JIMMY EDWARDS; ROBERT HUNT; DOLORES HUNT; CLIFFORD MCKELLAR, JR.; EMMA MCKELLAR; ANTOINETTE MOORE; WEST LUMBERTON BAPTIST CHURCH; CURRIE CHAIN SAW, INCORPORATED; C.J.M. VENTURES, INCORPORATED; WILLIAM LOCKLEAR, d/b/a Stricklands’s Barbershop; TBL ENVIRONMENTAL LABORATORY, INCORPORATED; SAMMY

WILLIAM BENNETT AND * NO. 2023-C-0202 SHERYLANN BENNETT * VERSUS COURT OF APPEAL * NORFOLK SOUTHERN FOURTH CIRCUIT RAILWAY COMPANY * STATE OF LOUISIANA ******* APPLICATION FOR WRITS DIRECTED T

502 F.3d 247 (2007) CSX TRANSPORTATION COMPANY, Appellant v. NOVOLOG BUCKS COUNTY. No. 06-3431. United States Court of Appeals, Third Circuit. Argued on July 12, 2007. Filed: September 5, 2007. As Amended September 14, 2007. *249 Paul D. Keenan, Esquire (Argued), Charles L. Howard, Esquire, Keena

FILED Sep 24 2018, 12:32 pm CLERK Indiana Supreme Court Court of Appeals