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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Stallings v. Taco Bell Corporation - 8/30/2005
Mrs. Paula Stallings was forty-seven years old at the time of trial. She is a high school graduate and has taken some business correspondence classes. She began working in her parents' truck stop when she was sixteen. She has worked...
In re Wal-Mart Stores - 8/30/2005
This is an original proceeding in mandamus. Relators, Wal-Mart Stores, Inc., Sam's Club, and Sam's East, Inc. (collectively, "Wal-Mart"), request that mandamus issue directing the trial court to vacate its order setting a joint trial...
Nabisco and American Protection Insurance Co. v. McDaniel - 8/30/2005
Present: Judges Benton, Humphreys and Senior Judge Overton
MEMORANDUM OPINION
Nabisco and its insurer appeal a decision of the Workers' Compensation Commission awarding Gloria Turner McDaniel compensation for her left...
Leuthner v. Cigna Property & Casualty Insurance Co. - 8/30/2005
Present: Judges Elder, Kelsey and McClanahan
Argued at Alexandria, Virginia
MEMORANDUM OPINION
Carlos Luethner appeals a denial of workers' compensation benefits for pain and numbness in his hands, an allegedly...
Parsons v. State - 8/29/2005
Downsizing an institution is not the same as closing it. Because the Department of Social and Health Services acted within the scope of its statutory authority in reducing the number of residents at Fircrest School, its actions were...
Familoni v. University of Memphis - 8/29/2005
Plaintiff/Appellant Babajide Familoni, Ph.D. ("Dr. Familoni") is an engineering professor employed by Defendant/Appellee The University of Memphis ("University"). Dr. Familoni, a native of Nigeria, has been employed by the University...
Medical Logistics - 8/29/2005
The employer/carrier appeal a workers' compensation order by which their fraud defense was denied and various benefits were awarded to the claimant. Although the evidence was sufficient to support each of the awards and did not compel...
Wright v. Schwebel Baking Co. - 8/29/2005
JUDGMENT: Affirmed in Part; Reversed in Part and Remanded
JUDGES: Hon. Gene Donofrio Hon. Joseph J. Vukovich Hon. Mary DeGenaro
{ } Plaintiff-appellant, David Wright, appeals from a Mahoning County Common Pleas Court...
Heritage Healthcare Services - 8/29/2005
DECISION
Before the Court for decision is the Defendants' (collectively Beacon) motion to dismiss Count III of Plaintiff's (Heritage) Fifth Amended Complaint for lack of subject matter jurisdiction. Heritage has timely filed an...
Wilkerson v. Howell Contractors - 8/26/2005
DECISION
{ } Plaintiff-appellant Stefen Wilkerson appeals the judgment of the Hamilton County Court of Common Pleas dismissing his employment-discrimination claims against defendant-appellee Howell Contractors Inc. ("Howell") for...
Ysleta Independent School District v. Monarrez - 8/26/2005
JUSTICE WILLETT did not participate in the decision.
In this wrongful termination suit, we consider whether there is legally sufficient evidence that Ysleta Independent School District (the "District") engaged in gender...
Pettit v. Clarion Technologies - 8/26/2005
DECISION AND JUDGMENT ENTRY
{ } This matter comes before the court on appeal from the Williams County Court of Common Pleas wherein the court granted summary judgment to Clarion Plastics Technologies, et al. ("Clarion"). For the...
Matthews v. U.S. Bancorp - 8/26/2005
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...
Crawford v. University f Louisville - 8/26/2005
AFFIRMING
BEFORE: HENRY, McANULTY, AND MINTON, JUDGES.
Barbara Crawford seeks review of an opinion of the Workers' Compensation Board affirming, in part, and reversing and remanding, in part, a decision of an...
Jacobs v. State - 8/26/2005
Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.
[ ] Kirk Jacobs (Jacobs) appeals from the district court's affirmance of a Medical Commission order denying to him worker's compensation benefits. We reverse and remand...
Lanter v. Kentucky State Police - 8/25/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
Chapter 13 of the AMA Guides to the Evaluation of Permanent Impairment ( Guides) addresses disorders of the central and peripheral nervous system; Chapter 14 addresses...
Smart v. Georgetown Community Hospital - 8/25/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits on the ground that an injury sustained while playing volleyball at an...
Lopez v. Bardstown Barrels - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Dana Corp. v. Love - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Boyer v. Barnes & Noble - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
TNT Logistics v. Mullins - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Transfer v. Riley - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Lahar v. Oakland County - 8/25/2005
UNPUBLISHED
Before: Zahra, P.J., and Cavanagh and Owens, JJ.
Plaintiff appeals as of right from the trial court's judgment that granted defendant's motion for summary disposition. Plaintiff's claim alleged that defendant,...
District of Columbia Housing Authority v. District of Columbia Office of Human Rights - 8/25/2005
Argued November 9, 2004
Before SCHWELB, RUIZ and GLICKMAN, Associate Judges.
The District of Columbia Housing Authority ("DCHA"), joined by the District government, appeals from a judgment of the Superior Court upholding a...
Norfolk Southern Railway Co. v. Estate of Wagers - 8/25/2005
FOR PUBLICATION
Norfolk Southern Railway Company ("Norfolk") appeals the trial court's denial of its motion to strike and its motion for summary judgment in the suit brought against it by The Estate of Robert G. Wagers, Sr.,...
Smith v. Parker Seal Co. - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Roberts v. Lodestar Energy - 8/25/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Butler v. Cleveland Christian Home - 8/25/2005
{ } This appeal is before the Court on the accelerated docket pursuant to App.R. 11.1 and Loc. App.R. 11.1.
{ } Plaintiff-appellant Sarah Butler ("Butler") appeals from the trial court's decision that granted defendant-appellee...
Woelpepper v. Workers ' Compensation Appeal Board - 8/25/2005
Charles Woelpepper (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board, dated March 31, 2005, which affirmed an order of a Workers' Compensation Judge (WCJ), thereby denying and dismissing Claimant's...
State ex rel Riley v. Industrial Commission of Ohio - 8/25/2005
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } Relator, Ernest C. Riley, filed this original action requesting that this court issue a writ of mandamus ordering respondent,...
Texas Mutual Insurance Co. v. Howell - 8/25/2005
Before Justices Yanez, Castillo and Garza
This interlocutory appeal is brought from an order issued by the Cameron County trial court, granting an anti-suit injunction to preclude appellant, Texas Mutual Insurance Company...
Robinson v. Baylor Health Care System - 8/25/2005
I. Introduction
In five issues, appellant Jack D. Robinson appeals the trial court's granting of appellees Baylor Health Care System and Baylor All Saints Medical Center's motion for summary judgment in this case, which...
Pacific Employers Insurance Co. v. Torres - 8/25/2005
This is an appeal from the trial court's granting of an award of attorney's fees under Section 408.221 of the Texas Labor Code in favor of Appellee. For the reasons stated herein, we affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND...
Garcia v. J.J.S. Enterprises - 8/25/2005
Appellants Francisco Garcia, Individually and as Next Friend of Francisco Garcia, Jr. and Kevin Garcia (collectively "the Garcias") are the surviving spouse and children of Rosario Michelle Garcia, who tragically died during the...
Clapp v. Mueller Electric Co. - 8/25/2005
{ } Plaintiff-appellee, Harry S. Clapp, is the former chief financial officer ("CFO") of defendant-appellant, Mueller Electric Company ("Mueller Electric" or "Mueller"). After his employment was terminated, Clapp sued...
Hyatt v. Village House Convalescent Home - 8/24/2005
The plaintiff, Richard Hyatt, appeals from a Superior Court judgment in favor of the defendant, Norman Rudolph, M.D., which judgment was entered after the Superior Court granted Dr. Rudolph's Super.R.Civ.P. 12(b)(6) motion to dismiss...
Koepke v. State - 8/24/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Claimant Kevan Koepke alleges he was injured when he...
Green v. State - 8/24/2005
1. Introduction
Plaintiff Dwight D. Green worked for defendant, the State of California, as a stationary engineer at a correctional facility for over 12 years before he was placed on disability retirement. The jury found that,...
Knight v. Hayward Unified School District - 8/24/2005
CERTIFIED FOR PUBLICATION
Andrew K. Knight, a teacher, appeals the grant of summary judgment by the trial court in favor of his employer, Hayward Unified School District (the District), on his claim of disability discrimination...
Schlichter v. Workers ' Compensation Appeal Board - 8/24/2005
Robert Schlichter petitions for review of the order of the Workers' Compensation Appeal Board that affirmed the denial of his claim for wage loss benefits, denial of his penalty petition, and denial of his request for quantum meruit...
Canavan v. Workers ' Compensation Appeal Board - 8/24/2005
George Canavan (Claimant) petitions for review of the December 17, 2002 decision of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) denying Claimant's motion to set...
Greater Philadelphia Food Bank v. Workers ' Compensation Appeal Board - 8/24/2005
Greater Philadelphia Food Bank (Employer) petitions for review of the March 1, 2005, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) granting the claim and...
Protegrity Services - 8/24/2005
Protegrity Services, Inc. and Folksamerica Reinsurance Company (collectively referred to as "Protegrity," the employer/workers' compensation carrier), challenge the circuit court's denial of their motion to dismiss plaintiff's...
Dep't of Children and Family Services v. Garcia - 8/24/2005
Before COPE, C.J., and CORTINAS, J., and SCHWARTZ, Senior Judge.
The Department of Children and Family Services appeals from an adverse final order of the Florida Commission on Human Relations.
The decision under review...
Guerrero McDonald & Associates - 8/24/2005
OPINION ON APPELLANTS' MOTION FOR REHEARING
Sitting: Alma L. López, Chief Justice, Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice.
AFFIRMED
In an opinion and judgment dated May 11, 2005, we affirmed the...
Workers ' Compensation Fund - 8/23/2005
In this appeal we are asked to address the nature of the State of Utah's relationship with the Workers' Compensation Fund. Specifically, the State challenges a district court ruling which held that the "State of Utah has no ownership...
Anderson v. Anderson - 8/23/2005
This runaway train ran through three trial judges, two special masters, a special trial judge and 10 lawyers before crashing into the docket of the Court of Appeals. The engine started its arduous journey through the trial court on...
Home Depot USA - 8/23/2005
Present: Judges Frank, Clements and Haley
MEMORANDUM OPINION
Home Depot USA, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Michael J....
Borchers v. Crawford County - 8/23/2005
UNPUBLISHED
Before: Cooper, P.J., and Fort Hood and R. S. Gribbs, JJ.
Plaintiff appeals as of right from an order granting defendant's motion for summary disposition and denying plaintiff's motion to amend his complaint. We...
Luvine v. Workers ' Compensation Appeal Board - 8/23/2005
George Luvine (claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) reversing an award of penalties. We affirm.
The facts and procedural history of this case are as follows. Claimant...
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