CLICK HERE FOR FULL TEXT |
JOSEPH BRENT MATTINGLY,
Plaintiff-Appellant,
v.
R.J. CORMAN RAILROAD GROUP, LLC; R.J. CORMAN
RAILROAD SERVICES, LLC; R.J. CORMAN RAILROAD
COMPANY/MEMPHIS LINE aka R.J. Corman Railroad
Company/Memphis Line, Inc.,
Defendants-Appellees. |
No. 22-5794 |
Appeal from the United States District Court for the Eastern District of Kentucky at Lexington.
No. 5:19-cv-00170—Joseph M. Hood, District Judge.
Argued: July 27, 2023
Decided and Filed: January 3, 2024
Before: GIBBONS, READLER, and DAVIS, Circuit Judges.
_________________________
OPINION
_________________________
STEPHANIE D. DAVIS, Circuit Judge. While employed by R.J. Corman Railroad
Services, LLC (“Corman Services”), Plaintiff-Appellant Joseph Brent Mattingly sustained injuries
during the repair of a bridge owned and operated by a common carrier, Defendant-Appellee
Memphis Line Railroad (“Memphis Line”). Mattingly filed suit to recover damages under the
Federal Employers’ Liability Act (“FELA”), 45 U.S.C. § 51. The district court determined that
Mattingly was not employed by a common carrier—a prerequisite to trigger FELA liability—and
granted Defendants’ Motion for Summary Judgment. Mattingly challenges that ruling as well as
the district court’s entry of summary judgment before ruling on an important discovery dispute.
Specifically, Mattingly faults the district court for not allowing individualized discovery as to
Memphis Line after its late addition as a party. Because we conclude that Mattingly was not
employed by a common carrier and is thus not entitled to FELA coverage, we AFFIRM. |
CLICK HERE FOR FULL TEXT |
IN RE: MEGAN MARIE TETER,
Debtor.
___________________________________________
MEGAN MARIE TETER,
Appellant,
v.
RICHARD A. BAUMGART, Chapter 7 Trustee,
UNITED STATES TRUSTEE,
Appellee. |
No. 22-3778 |
Appeal from the United States District Court for the Northern District of Ohio at Cleveland;
No. 1:21-cv-00334—Bridget Meehan Brennan, District Judge.
United States Bankruptcy Court for the Northern District of Ohio at Cleveland;
No. 1:19-bk-11224—Arthur I. Harris, Bankruptcy Judge.
Argued: June 13, 2023
Decided and Filed: January 3, 2024
Before: GILMAN, BUSH, and READLER, Circuit Judges.
_________________________
OPINION
_________________________
CHAD A. READLER, Circuit Judge. Megan Teter was nearly $100,000 in debt when
she declared bankruptcy. Believing that Teter was abusing the bankruptcy system, the United
States Trustee intervened and filed a motion to dismiss the case. The Trustee later withdrew his
motion, and the bankruptcy court discharged Teter’s debt without objection. Teter then sought
attorneys’ fees from the Trustee through the Equal Access to Justice Act. The bankruptcy court
denied her request. On appeal, the district court agreed and affirmed the bankruptcy court. We
now do the same. |
|