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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Serra v. Hanna Mining Co. - 8/23/2005
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed April 12, 2005,...
State v. Wilson - 8/23/2005
Opinion Vote: AFFIRMED.
Smith, C.J. and Lowenstein, J. concur.
Opinion:
Sherron Wilson appeals from his convictions for violence to an offender housed in a department correctional center, section 217.385, RSMo 2000,...
Hellmann v. Union School District - 8/23/2005
Opinion Vote: AFFIRMED.
Crane and Dowd, Jr., JJ., concur.
Opinion:
Introduction
Charlotte Hellmann appeals from a judgment of the Circuit Court of Franklin County affirming the Union R-XI Board of Education's...
Boston v. Bitterroot International Systems - 8/23/2005
Submitted on Briefs: July 14, 2004
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent. It shall be filed as a public document with...
Alvarez v. Cunningham Associates - 8/22/2005
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.
A. GAIL PRUDENTI, P.J., ANITA R. FLORIO,...
Deluxe Storage Systems - 8/22/2005
Deluxe Storage Systems, Inc. (Employer) appeals an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying its motion to dismiss the claim petition of Robert A....
Clifford v. American Drug Stores - 8/22/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Rosales v. Rosales - 8/22/2005
FOR PUBLICATION
BURNS, C.J., LIM AND FUJISE, JJ.
Plaintiff-Appellant Suzanne Marie Rosales (Suzanne) appeals from the February 13, 2004 Order Granting Defendant Arnold G. Rosales, Jr.'s Motion for Issuance of Domestic...
Fischer v. Eldon Stevenson - 8/22/2005
Facts and Procedural History
By a codicil to his last will and testament, Eldon Stevenson, Jr. ("Stevenson") included provisions later construed to create the Eldon Stevenson, Jr. Scholarship Fund Trust ("Appellee" or "Trust")....
Wausau Insurance Co. v. Dorsett - 8/19/2005
I. Factual and Procedural Background
This workers' compensation action was originally filed on June 29, 2000, by Wausau Insurance Company ("Wausau") pursuant to Tennessee Code Annotated section 50-6-225 (1999 & Supp. 2004)....
Travis v. Kayser-Roth Corp. - 8/19/2005
The employee has appealed from the trial court's action in dismissing her case as the court found she had failed to present sufficient evidence of a work-related injury and proper notice to the employer of the injury.
Facts ...
Shalin v. Laboratory Glass - 8/19/2005
Defendant, Laboratory Glass, Inc., has appealed from the trial court's ruling awarding plaintiff, Terry L Shalin, 100 percent permanent disability.
Facts
Plaintiff is a 48 year old high school graduate who was employed by...
Texas Dep't of Protective and Regulatory Services v. Lynn - 8/19/2005
This is an interlocutory appeal from the denial of a plea to the jurisdiction. SeeTex. Civ. Prac. & Rem. Code Ann. § 51.014(8) (West Supp. 2004-05). Appellee, Dana Lynn, sued appellant, Texas Department of Protective and...
Summits 7 - 8/19/2005
PRESENT: Reiber, C.J., Johnson and Skoglund, JJ., and Crawford, Supr. J. and Allen, C.J. (Ret.), Specially Assigned
1. Defendant Staci Lasker appeals the superior court's order enjoining her from working for a competitor of her...
Systems and Software - 8/19/2005
PRESENT: Reiber, C.J., Dooley, Johnson and Skoglund, JJ., and Allen, C.J. (Ret.), Specially Assigned
1. Defendant Randy Barnes appeals the superior court's order enjoining him from working for Utility Solutions, Inc. or any...
Ellison v. Plumbers and Steam Fitters Union Local 375 - 8/19/2005
No. 5934
Before: Bryner, Chief Justice, Matthews, Eastaugh, Fabe, and Carpeneti, Justices.
I. INTRODUCTION
Lori Ellison sued her former union, Local 375, and the union's stewards at her former work site, Kirk...
Dennis v. Northcutt - 8/19/2005
On Application for Rehearing.
On July 8, 2005, this Court affirmed the trial court's summary judgment for Walter M. Northcutt without an opinion. In his application for rehearing, Gregory Dennis, the appellant, makes the...
Hedegard v. BE&K - 8/19/2005
Richard Hedegard appeals from a summary judgment entered by the Mobile Circuit Court in favor of BE&K in his action against it for alleged discrimination in violation of the Alabama Age Discrimination in Employment Act, Ala. Code...
IMT Insurance Co. v. Crestmoor Golf Club - 8/19/2005
Insurance company appeals the district court's determination that its insurance policy provided coverage for claims of negligent supervision and retention. REVERSED AND CASE REMANDED WITH INSTRUCTIONS.
This appeal involves a...
Blackburn v. Lodestar Energy - 8/19/2005
AFFIRMING
BEFORE: DYCHE, HENRY, AND TACKETT, JUDGES.
Nina and Leslie Blackburn appeal from a July 21, 2004 Opinion of the Workers' Compensation Board affirming a death benefit determination by the Hon. J. Kevin King,...
Barton House v. Indigo Bistro & Bar - 8/19/2005
AFFIRMING
BEFORE: HENRY AND SCHRODER, JUDGES; EMBERTON, SENIOR JUDGE.
David Lee Wright, Sr., is a former employee of both Barton House and Indigo Bistro & Bar (Indigo). Although Wright was initially named as a party...
Dixon v. Plumbing - 8/19/2005
AFFIRMING
BEFORE: MINTON AND SCHRODER, JUDGES; EMBERTON, SENIOR JUDGE.
Ricky Dixon petitions for a review of a decision of the Workers' Compensation Board which affirmed a decision of the Administrative Law Judge...
Shoemaker v. Irving Materials - 8/19/2005
AFFIRMING
BEFORE: HENRY, McANULTY, AND MINTON, JUDGES.
Charles Shoemaker appeals from an opinion of the Workers' Compensation Board affirming the decision of the Administrative Law Judge (ALJ), which awarded Shoemaker...
AK Steel Corp. v. Handley - 8/19/2005
AFFIRMING
BEFORE: TACKETT AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE.
On February 20, 2002, William Handley retired from AK Steel Corporation. For some thirty-eight years, while working for AK Steel and its...
Collins v. Masters - 8/19/2005
The claimant is not entitled to recover workers' compensation benefits from the employer/carrier because the claimant filed a valid notice of election to be exempt from the provisions of chapter 440, Florida Statutes. See Battle v....
Jackson v. Cyclo LP Gas - 8/19/2005
Mandate Issued: 09/16/2005
VACATED AND REMANDED
The dispositive issue in this case is whether Claimant/Petitioner Danny Jackson filed his motion to reopen his workers' compensation claim due to change in condition within...
Zamudio v. County of Los Angeles - 8/19/2005
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...
Newberne v. Dep't of Crime Control and Public Safety - 8/19/2005
On 9 April 2002, plaintiff Trooper Reginald Newberne filed suit against the named institutional and individual defendants, alleging that he was wrongfully terminated from his employment as a law enforcement officer with the State...
In re Bar Applicant - 8/18/2005
(Standing Committee on Character and Fitness)
Argued: June 22, 2005
The applicant seeks admission to the New Hampshire Bar. The standing committee on character and fitness of the New Hampshire Supreme Court (committee)...
Howard University Hospital v. District of Columbia Dep't of Employment Services - 8/18/2005
Argued April 13, 2004
Before SCHWELB, RUIZ and GLICKMAN, Associate Judges.
Petitioner Howard University Hospital (the "Hospital") asks us to review and reverse a workers' compensation decision by the Director of the...
State v. Sims - 8/18/2005
{ } Plaintiff-appellant the State of Ohio appeals from the order of the trial court that granted a new trial to defendant-appellee David Sims after he was convicted by a jury on charges of rape, kidnapping and intimidation.
{ }...
Raymond Banks v. United Parcel Service - 8/18/2005
Background
The record developed before the trial court contains the following facts.
Plaintiff Raymond Banks ("Banks") was employed with defendant United Parcel Service ("UPS") for thirty years. Banks retired from UPS in...
Leegin Creative Leather Products - 8/18/2005
Petition for rehearing denied September 6, 2005
CERTIFIED FOR PUBLICATION
INTRODUCTION
This is a fraud action brought by an employer against one of its employees. The employer contends the employee has knowingly filed...
Richview - 8/18/2005
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...
Doepke-Kline v. Labor and Industry Review Commission - 8/18/2005
Before Lundsten, P.J., Vergeront and Higginbotham, JJ.
This appeal concerns the claim of Sharal Doepke-Kline that her employer violated the Wisconsin Fair Employment Act (WFEA) by discharging her because of her asthma, refusing...
Munoz v. Rivera - 8/18/2005
This is an appeal from a post-answer default judgment. At issue is whether the Appellants, Defendants below, received notice of a trial setting. For the reasons that follow, we affirm.
FACTUAL SUMMARY
On July 15, 2001,...
Crain v. Baptist Memorial Hospital - 8/18/2005
I. Factual Background and Procedural History
In the summer of 1999, James Crain ("Mr. Crain" or "Appellant") began an apprenticeship program which was to last four to five years and would enable him to work toward becoming a...
Cox v. NextiraOne - 8/17/2005
Before Justices Whittington, FitzGerald, and Richter
Renee Cox sued her former employer, appellee NextiraOne, for retaliatory discharge, alleging that NextiraOne fired her because she filed a workers' compensation claim. The...
Star Seeds - 8/17/2005
Star Seeds, Inc. and Employers Mutual Casualty Company appeal from a district court ruling on judicial review that affirmed the workers' compensation commissioner's determination of the weekly compensation rate for the respondent's...
Spencer Truck Line - 8/17/2005
Spencer Truck Line, Inc. and Great West Casualty appeal the decision of the district court affirming the Iowa Workers' Compensation Commissioner's ruling in favor of Mark Krukow. AFFIRMED.
Heard by Vogel, P.J., and Miller and...
Jones v. Tie Yard of Omaha - 8/17/2005
Greg Jones seeks further review of a workers' compensation decision denying his claim for payment of medical expenses. AFFIRMED.
Considered by Sackett, C.J. and Huitink and Vaitheswaran, JJ.
Greg Jones seeks further...
In re F.B. - 8/17/2005
A mother appeals from a juvenile court order terminating her parental rights to two children. The children's maternal grandmother appeals from that part of the termination order transferring guardianship and custody of the children to...
Hildreth v. Villa Del Sol Health Center - 8/17/2005
A claimant appeals from a district court judicial review decision affirming the workers' compensation commissioner's decision denying permanent disability benefits. AFFIRMED.
Heard by Vogel, P.J., and Miller and Hecht, JJ. ...
Pujoe v. Stowe-Woodard - 8/17/2005
Before WILLIAMS, PEATROSS & LOLLEY, JJ.
This appeal by employer Stowe-Woodward ("Stowe") arises from an order of the Office of Workers' Compensation ("OWC") in favor of Ronnie Pujoe's ("Mr. Pujoe") continued "intensive...
Adams v. Drywall - 8/17/2005
NOT DESIGNATED FOR PUBLICATION
Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese Judges.
MOTION TO REMAND DENIED. ...
Pickett v. Mobbs - 8/17/2005
NOT DESIGNATED FOR PUBLICATION
Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese Judges.
APPEAL DISMISSED. ...
Dickerson v. Cajun Communications of Texas - 8/17/2005
Before BROWN, GASKINS and PEATROSS, JJ.
The defendant, Cajun Communications of Texas, Inc. ("Cajun"), appeals from an adverse judgment awarding the plaintiff, N. Gene Dickerson, severance pay, penalty wages and attorney fees. For...
Morrow v. Dana Corp. - 8/17/2005
I. FACTUAL BACKGROUND
Paulette Morrow began working for Dana Corporation in Newbern, Tennessee, on March 10, 1997, providing janitorial services. As a part of her duties she disposed of waste rubber. Waste rubber was weighed...
Smith v. CSX Transportation - 8/17/2005
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.
Plaintiff is seeking, through this action, to recover...
Gotlin v. City of New York - 8/17/2005
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.
Upon the foregoing papers, the motion (No. 260) of the...
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