Case Laws
Please find, below, selected employment related cases and may include PEO or Employee Leasing related issues. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Southern Glass & Plastics Co. v. Duke - 12/12/2005
Opinion
Heard October 11, 2005
AFFIRMED IN PART and REVERSED IN PART
Southern Glass & Plastics Co. instituted an action against Angela Duke, one if its former employees, seeking to recover money it alleges she...
Oaksford v. First Data Merchant Services Corp. - 12/12/2005
Appellant Imae Oaksford argues that her disability discrimination claim against her employer for failure to provide reasonable accommodation should not have been dismissed on summary judgment. Because the employer's offer of...
12/09/2005 Case Announcements - 12/9/2005
CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS
MOTION AND PROCEDURAL RULINGS
Franklin App. No. 97AP-860. This cause came on for further consideration of appellant's motion for leave to file accompanying documents pursuant to...
Whitaker v. Workers ' Compensation Appeal Board - 12/9/2005
Thomas Whitaker (Claimant) seeks review of an order of the Workers' Compensation Appeal Board (Board) affirming the award of disability benefits to Claimant for a closed period and the decision to terminate his benefits. The issues...
McKenna v. Workers ' Compensation Appeal Board - 12/9/2005
This is an appeal by Michael McKenna (Claimant) from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) to terminate Claimant's benefits. Claimant argues that...
Protection Services - 12/9/2005
Protection Services, Inc. (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) granting the claim petition of Mark Bates (Claimant) because...
Beck v. Workers ' Compensation Appeal Board - 12/9/2005
Richard Beck (Claimant) petitions for review of the decision of the Workers' Compensation Appeal Board (Board) which affirmed the decision of the Workers' Compensation Judge (WCJ) denying Claimant's reinstatement and penalty...
Sengupta v. Wickwire - 12/9/2005
No. 5963
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices.
I. INTRODUCTION
Mritunjoy Sengupta was a tenured professor at the University of Alaska Fairbanks.He was terminated for cause...
Gallagher v. Dupont - 12/9/2005
Michael C. Dupont sought to enforce by writs of mandamus and garnishment a federal § 1983 civil rights judgment for $527,670.70 obtained by Coblentz agreement against the Estate of Sebastian Tangusso, a former state employee. The...
McIntosh v. Sedgwick County - 12/9/2005
Reversed and remanded with directions.
Before McANANY, P.J., GREEN and MARQUARDT, JJ.
This case concerns the calculation of workers compensation benefits for a permanent total disability when there has been an offset for...
Bradley v. Crow Tribe of Indians - 12/9/2005
Submitted on Briefs: January 11, 2005
The Crow Tribe of Indians (Tribe) appeals from a November 12, 2003, judgment filed in the District Court for Yellowstone County. The judgment is based on an order of the District Court...
Pinchot v. Mahoning County Sheriff's Dep't - 12/9/2005
JUDGMENT: Affirmed.
JUDGES: Hon. Joseph J. Vukovich, Hon. Gene Donofrio, Hon. Cheryl L. Waite
{ } Plaintiff-appellant Robert Pinchot appeals the Mahoning County Common Pleas Court's grant of summary judgment for...
Yeroushalmi v. Benetton U.S.A. Corp. - 12/8/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
In re Claim of Cross - 12/8/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Leshaj v. Long Lake Associates - 12/8/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
In re Claim of Seminerio - 12/8/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date:...
Hernandez v. Robles - 12/8/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
David B. Saxe,J.P., George D. Marlow, Milton...
Starnes v. JLQ Automotive Services Co. - 12/8/2005
UNPUBLISHED
Before: Hoekstra, P.J., and Gage and Wilder, JJ.
Plaintiff appeals as of right the trial court's order granting defendant's motion for summary disposition of plaintiff's claims for hostile work environment based...
In re Cobb - 12/8/2005
Suffolk.
September 9, 2005
Present: Marshall, C.J., Ireland, Spina, & Cordy, JJ.
Board of Bar Overseers. Attorney at Law, Disbarrment. Conversion. Constitutional Law, Freedom of speech and press. Rules of...
Hamilton v. Unemployment Compensation Board of Review - 12/8/2005
Connie M. Hamilton (Claimant) petitions for review of an order of the Unemployment Compensation Board of Review (Board) denying Claimant benefits pursuant to the Unemployment Compensation Law (Law). We reverse.
Claimant was...
Abington Memorial Hospital v. Workers ' Compensation Appeal Board - 12/8/2005
Abington Memorial Hospital (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that reversed the decision of the Worker's Compensation Judge (WCJ). The WCJ found that Employer's...
Douglas v. Petroleum Wholesale - 12/8/2005
Appellant, Jack Douglas, sued appellee, Petroleum Wholesale, Inc. ("PWI"), for violation of the Petroleum Marketing Practices Act ("PMPA") by terminating Douglas's use of the Diamond Shamrock trademark, signage, branded motor fuel,...
Texas Dep't of Assistive and Rehabilitative Services v. Howard - 12/8/2005
The State of Texas elevates public employees who report legal wrongdoing to a protected status as a matter of fundamental policy. The State views whistleblowing by a public employee as a courageous act of loyalty to a larger...
Gutierrez v. Hiatt - 12/7/2005
Sitting: Catherine Stone, Justice, Sarah B. Duncan, Justice, Sandee Bryan Marion, Justice.
AFFIRMED
Nora Gutierrez hired Susan Eisner Hiatt to prosecute an ultimately unsuccessful whistle-blower and wrongful termination...
In re Compensation of LeFave - 12/7/2005
Argued and submitted October 20, 2005.
Before Edmonds, Presiding Judge, and Brewer, Chief Judge, and Schuman, Judge.
Reversed and remanded for reconsideration.
Claimant seeks judicial review of an order of the...
Baptiste v. Workers ' Compensation Appeal Board - 12/7/2005
A petition has been filed on behalf of Thomas Baptiste, deceased, and his widow Linda Baptiste (Petitioners) seeking review of the order of the Workers' Compensation Appeal Board (Board) that affirmed in part and reversed in part the...
Hood v. Will Transport - 12/7/2005
Before BROWN, CARAWAY and DREW, JJ.
At issue is whether the employer's reconventional demand stated a cause of action to recover worker's compensation benefits paid to an employee who tested positive for drugs at the time of the...
Orthopedia Associates of Hawaii - 12/7/2005
FOR PUBLICATION
MOON, C.J., LEVINSON, JJ.; CIRCUIT JUDGE WALDORF, IN PLACE OF NAKAYAMA, J., RECUSED; INTERMEDIATE COURT OF APPEALS ASSOCIATE JUDGE LIM, IN PLACE OF ACOBA, J., RECUSED; AND CIRCUIT JUDGE HIRAI, IN PLACE OF DUFFY,...
Smidt v. Telecommunications - 12/7/2005
Duane Smidt appeals the district court decision affirming the workers' compensation commissioner's denial of his request for benefits based on an injury to the body as a whole. AFFIRMED.
Considered by Huitink, P.J., and Mahan and...
Moncus v. Billingsley Logging - 12/7/2005
This is a workers' compensation case involving the "going-and-coming rule." Tony Moncus was killed in an automobile accident while on his way to work for appellee Billingsley Logging. The issue on appeal is whether he was performing...
Childress v. Eagle Paper - 12/7/2005
NOT DESIGNATED FOR PUBLICATION
Jerry Childress appeals an April 27, 2005, decision of the Workers' Compensation Commission that denied his claim for neck and back injuries. His sole point on appeal is that the Commission's denial...
Foots v. Director - 12/7/2005
NOT DESIGNATED FOR PUBLICATION
This is an ESD case involving appellant, Anthony Foots, who began his employment with appellee Trefilarbed Arkansas, Inc., in December 1997, working as a senior maintenance technician. Mr. Foots...
Pilgrim's Pride Corp. v. Sowell - 12/7/2005
NOT DESIGNATED FOR PUBLICATION
In this workers' compensation case, appellee worked for appellant Pilgrim's Pride Corporation from 1974 until 1987, and again from 1998 until March of 2003. Sometime in 1998, appellee became the...
Randolph County Medical Center v. Mann - 12/7/2005
NOT DESIGNATED FOR PUBLICATION
Randolph County Medical Center and Royal & Sun Alliance appeal the Commission's decision that appellee, Frances Mann, was entitled to a change of physicians with regard to her compensable...
Woodson v. Woodson - 12/7/2005
NOT DESIGNATED FOR PUBLICATION
This is an appeal from a divorce decree limited to issues concerning alimony. Appellant ex-husband was ordered to pay alimony to appellee, and he argues on appeal that there were insufficient facts...
People v. Delaine - 12/7/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule...
L.W. v. Toms River Regional Schools Board of Education - 12/7/2005
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION
Argued October 3, 2005
Before Judges A. A. Rodríguez, Alley and Yannotti.
The Toms River...
State ex rel Washington v. Industrial Commission of Ohio - 12/6/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } This is an original action in which relator, Ronald L. Washington, seeks a writ of mandamus to compel respondent, Industrial...
Saloka v. Shelby Nursing Center Joint Venture - 12/6/2005
UNPUBLISHED
Before: Saad, P.J., and Jansen and Markey, JJ.
In these consolidated cases, plaintiff, Cheryl Saloka, appeals as of right from circuit court orders granting defendants' (Shelby Nursing Center Joint Venture...
Malone v. Special School District No. 1 - 12/6/2005
Appellant, a teacher, challenges the summary judgment entered in favor of his former employer, respondent Minneapolis Special School District No. 1, on his claim that the school district negligently failed to provide him with an...
State - 12/6/2005
State of Missouri, ex rel., David L. Otte (Relator) appeals from the trial court's judgment denying his petition for a permanent writ of mandamus (petition), which requested that the trial court order the Missouri State Treasurer, as...
State v. Christian - 12/6/2005
Opinion Vote: AFFIRMED.
Howard and Holliger, JJ., concur.
Opinion:
Fuller Christian appeals the circuit court's judgment finding him liable for the costs of his care while serving his prison sentence pursuant to...
Mello v. Davis - 12/6/2005
Opinion Vote: REVERSED IN PART AND AFFIRMED IN PART.
Crane, P.J., and Shaw, J., concur
Opinion:
This dispute has had, in the understated observation of the trial judge, "a torturous history." He calculated the weight...
Hofer v. Montana Dep't of Public Health and Human Services - 12/6/2005
Argued and Submitted: March 5, 2005
The Department of Public Health and Human Services ("DPHHS") appeals from a Memorandum and Order of the Montana First Judicial District Court, Lewis and Clark County, in which the court held...
Reavis v. Carlyle & Co. - 12/6/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina...
Terasaka v. AT&T - 12/6/2005
AT&T ("defendant") appeals the award of the North Carolina Industrial Commission (the "Commission") granting benefits to Amy Terasaka ("plaintiff") based on a diagnosis of carpal tunnel syndrome. We reverse.
On 14 February...
Bernardoni v. Industrial Commission - 12/6/2005
I. INTRODUCTION
Alleging that she developed respiratory illness and chemical sensitivity while working for employer, Huntsman Chemical Company, claimant, Arlene Bernardoni, filed an application for adjustment of claim under the...
In re Danikolas - 12/6/2005
JUDICIAL DISCIPLINARY ACTION
The Indiana Commission on Judicial Qualifications ("Commission") has filed a disciplinary action in this Court against the Respondent, the Honorable James Danikolas, Judge of the Lake Superior Court,...
Kelly v. Consolidated Delivery Co. - 12/6/2005
Hollander, Eyler, Deborah S., Woodward, JJ.
William W. Kelly, the appellant, challenges a judgment by the Circuit Court for Baltimore County affirming a decision by the Workers' Compensation Commission ("Commission") denying him...
Temm v. S.D. Warren Co. - 12/6/2005
Reporter of Decisions
Argued: April 27, 2005
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
[ ] This is an appeal from a decision of a hearing officer of the Workers' Compensation Board...
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