Richard Aguilar v. PNC Bank, N.A.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when reviewing ruling on motion to dismiss, we “accept[] as true all well-pleaded factual allegations in a complaint and view[] those allegations in the light most favorable to the plaintiff”
• discussing the development and historical treatment claims under FELA premised on a violation of LIA
• construing and analyzing the term “appurtenance” for claims under statute and regulation in tandem regarding a faulty seat adjustment mechanism and stating that Section 229.7 “reiterat[es] the duties LIA imposes on railroad operators”
• “Unlike FELA, where proof of negligence is required, LIA imposes on railroad carriers an absolute duty to maintain the locomotive in proper condition and safe to operate.”

Source: CourtListener parenthetical corpus (CC0).