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9th Circuit
Montana Rail Link v. CUSA Parts, LLC (Powder River Transportation) PDF Print E-mail
Written by Steve Gordon   
Thursday, 07 January 2010 14:54
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Case Name: Montana Rail Link v. CUSA Parts, LLC. (Powder River Transportation)
Date Decided: December 22, 2009
Court: Supreme Court of Montana
Judge: Judge Cotter
Citation: 2009 WL 4935945 (Mont.)

Background:
Railroad, Montana Rail Link brought cross claim against provider, Powder River Transportation for indemnification of employee’s damages.

MRL contracted with Powder River to provide transportation for MRL’s workers. The contract contained a provision that required Powder river to indemnify and hold MRL harmless from any and all loss, liability, damages, claims, demands, or costs of whatsoever nature arising out of contractors actions in performing the agreement.

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Jeremy Gilmore and Dana Gilmore v. Union Pacific Railway Company PDF Print E-mail
Written by Steve Gordon   
Saturday, 26 December 2009 19:28
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Case Name: Jeremy Gilmore and Dana Gilmore v.  Union Pacific Railroad Company
Date Decided: December 2, 2009
Court: U.S.D.C. Eastern District of California
Judge: Judge Mendez
Citation: 2009 WL 4705427 (E.D.Cal.)

Background:
Jeremy Gilmore, plaintiff, was injured while working on a locomotive engine. Jeremy was employed by Union Pacific Railroad Company (“UP”) while injured and brought an action under the Federal Employers’ Liability Act (FELA). Dana Gilmore, an electrician was working with Jeremy at the time he was hurt.

Following the accident, Jeremy was cited for violations of various work rules including allegations that he falsified the extent of his injury in the injury report. Dana was questioned by UP and accused of dishonesty and insubordination because she refused to testify against Jeremy at a disciplinary hearing.

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Mario Kinsey v. Union Pacific Railroad Company PDF Print E-mail
Written by Steve Gordon   
Sunday, 08 November 2009 21:58
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Case Name: Marlo Kinsey v. Union Pacific Railroad Company
Date Decided: October 9, 2009
Court: Court of Appeal, Third District, California
Judge: Court Nicholson
Citation: 178 Cal.App.4th 201

Background:
Plaintiff, Marlo Kinsey (“Kinsey”), brought this action against employer, Union Pacific Railroad Company (“UP”), under Federal Employers’ Liability Act (“FELA”).

The Superior Court entered on jury verdict for UP and awarded costs, including expert witness fees, and Kinsey appealed the award of fees.

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Scott Raab v. Utah Railway Company PDF Print E-mail
Written by Steve Gordon   
Thursday, 05 November 2009 23:17
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Case Name: Scott Raab v. Utah Railway Company
Date Decided: September 18, 2009
Court: Supreme Court Utah
Judge: Judge Durrant
Citation: 2009 WL 2971868 (Utah)

Background:
Plaintiff, Scott Raab (“Raab”), conductor, brought an action under the Federal Employers Liability Act (“FELA”) and Federal Locomotive Inspection Act (“FLIA”) against railroad, Utah Railway Company.

Raab was injured when he struck his head on after-market air condition unit installed in a trailing locomotive unit.

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Alex Gonero v. Union Pacific Railroad Company PDF Print E-mail
Written by Steve Gordon   
Friday, 30 October 2009 18:28
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Case Name:  Alex Gonero v. Union Pacific Railroad Company
Date Decided: October 19, 2009
Court: U.S.D.C. Eastern District of California
Judge: Judge Shubb
Citation: 2009 WL 3378987

Background:
Plaintiff, Alex Gonero (“Gonero”), brought this action in state court against Union Pacific Railroad Company (“UP”), and his supervisors for wrongful termination and intentional infliction of emotional distress relating to his termination of employment for UP.

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