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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Boyle v. Alum-Line - 8/17/2005
Julie Boyle appeals adverse verdicts in her sexual discrimination and retaliatory discharge claims. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
Heard by Vogel, P.J., and Miller and Hecht, JJ.
Julie Boyle appeals 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...
Starling v. State - 8/16/2005
Submitted: May 24, 2005
Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the court en banc.
Upon appeal from the Superior Court. VACATED and REMANDED in part, AFFIRMED in part. ...
Klingsheim v. Happyland Tree Farms - 8/16/2005
In challenging the decision of the senior unemployment law judge disqualifying relator from receiving unemployment benefits because he quit without a good reason caused by his employer, relator contends that the findings were not...
K&D Auto Body - 8/16/2005
Opinion Vote: AFFIRMED.
Ulrich, P.J., and Smart, Jr., J., concur.
Opinion:
K&D Auto Body, Inc. ("K&D") appeals a June 16, 2004 Order of the Labor and Industrial Relations Commission of Missouri ("Commission")...
Otteson v. Montana State Fund - 8/16/2005
Submitted on Briefs: December 8, 2004
Doug Otteson (Otteson) was injured in 1994 while working for a coal company in Big Horn County. Montana State Fund (State Fund) accepted liability for payment of workers' compensation...
Garland v. Hatley - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Rules...
Moran v. Turnamics - 8/16/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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 Rules...
Knight Publishing Co. v. Charlotte-Mecklenburg Hospital Authority - 8/16/2005
The Charlotte-Mecklenburg Hospital Authority d/b/a, Carolinas Healthcare System (defendant) is a "public body and a body corporate and politic" organized and existing under the Hospital Authorities Act, N.C. Gen. Stat. § 131E-15 et...
Hastings v. Eastern Carolina Pathology Associates - 8/16/2005
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 Rules...
Carolinas Medical Center v. Employers and Carriers Listed in Exhibit A - 8/16/2005
The North Carolina Industrial Commission entered an order on 18 December 2003 declaring that the provisions of N.C. Gen. Stat. § 97-26(b) as they existed from 1 July 1995 to 1 April 1996 were unconstitutional. We hold that the North...
Williams v. Mackie Automotive Systems - 8/16/2005
UNPUBLISHED
Before: Neff, P.J., and Smolenski and Talbot, JJ.
Plaintiff appeals as of right the trial court's grant of summary disposition in favor of defendants, Mackie Automotive Systems (Detroit), Inc. (Mackie), TDS...
Michigan Education Association v. Christian Brothers Institute of Michigan - 8/16/2005
FOR PUBLICATION
MERC MERC No. 03-000088
Before: Schuette, P.J., and Sawyer and O'Connell, JJ.
Respondent appeals as of right a decision and direction of election issued on May 26, 2004, by the Michigan Employment...
Beaver v. Cosmetic Dermatology & Vein Centers of Downriver - 8/16/2005
UNPUBLISHED
Before: Zahra, P.J., and Cavanagh and Owens, JJ.
Defendants appeal by leave granted from an order denying defendants' motion for summary disposition. We reverse. This case is being decided without oral argument...
Crowe v. Kelly - 8/16/2005
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.
Petitioning this Court for relief under Article 78 of...
State v. Armstrong - 8/16/2005
On July 17, 2002, Defendant entered a plea of guilty to two counts of facilitation of the sale of over twenty-six grams of cocaine, a Class C felony. He was sentenced as a Range I, standard offender, to concurrent sentences of six...
Decker v. Clements - 8/16/2005
In response to a motion filed by defendants, Chequita Clements, John Rupert, Dennis Martin, Nita Burgess, Zelda Glass, and Jordan Smith (Defendants)---all employees of the Texas Department of Criminal Justice--Institutional Division...
Murray v. Fairfax County School Board - 8/16/2005
Lisa M. Murray (claimant) appeals a decision of the Workers' Compensation Commission affirming the deputy commissioner's findings that (1) she failed to prove she sustained a compensable injury by accident, occupational disease, or...
Franklin v. Workers ' Compensation Appeal Board - 8/15/2005
Garnett Franklin (Claimant), appearing pro se, petitions for review of the November 30, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) granting Claimant's...
Neely v. Thomasson - 8/15/2005
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS
Heard March 1, 2005
AFFIRMED IN PART; REVERSED IN PART
This case involves a probate matter. The probate court ruled that Nancy Thomasson (Nancy) was not the child of John...
Cohea v. Thaxton - 8/15/2005
I. FACTUAL BACKGROUND
Donald Cohea, was thirty-seven years old and a resident of Goodlettsville at the time of trial. He was employed as a construction worker for JD Construction. He built boxes or crates for airplane parts and...
Blea v. Fields - 8/15/2005
In this medical negligence case we are asked to clarify the state of the law in New Mexico regarding a party's entitlement to a jury trial in a case that involves both legal and equitable claims. The following question was...
Breen v. Carlsbad Municipal Schools - 8/15/2005
Christy Ann Breen and Dahlia Carrasco ("Petitioners") suffered temporary total primary mental impairments compensable under the New Mexico Workers' Compensation Act ("the Act"). They appeal a Workers' Compensation Judge's ("WCJ")...
Wilkins v. Weber Motors Fresno - 8/15/2005
An employer filed a motion to compel arbitration after being sued by a former employee for violations of the California Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq., and other causes of action. The...
Wilbur-Ellis Co. v. Workers ' Compensation Appeals Board - 8/12/2005
THE COURT
Wilbur-Ellis Company (Wilbur-Ellis) petitions for a writ of review from a decision of the Workers' Compensation Appeals Board (WCAB) because the WCAB did not apply the apportionment laws enacted by Senate Bill No. 899...
Houston v. Liberty Mutual Fire Ins. Co. - 8/12/2005
DECISION AND JUDGMENT ENTRY
{ } This is an appeal of a summary judgment issued by the Lucas County Court of Common Pleas to an insurer in a declaratory judgment action. Because we conclude that a question of material fact exists...
Northwest Medical Center v. Workers ' Compensation Appeal Board - 8/12/2005
Northwest Medical Center (Employer) petitions for review from an order of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) granting the claim petition filed by Kenton...
McPherson v. Workers ' Compensation Appeal Board - 8/12/2005
Erline McPherson (Claimant) appeals from the order of the Workers' Compensation Appeal Board (WCAB) which affirmed the decision of the Workers' Compensation Judge (WCJ) to grant Bayada Nurses' (Employer) Termination Petition and deny...
Hill v. Workers ' Compensation Appeal Board - 8/11/2005
William Hill appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) decision granting Hill's claim petition for a closed period of time. Hill questions whether...
Cruz v. Workers ' Compensation Appeal Board - 8/11/2005
Andres Cruz petitions the Court for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) that denied Cruz' penalty petition. Cruz contends that the WCJ...
Anderson v. Workers ' Compensation Appeal Board - 8/11/2005
Denise Anderson (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) denying, inter alia, her petition to review...
Taylor v. Aon Corp. - 8/11/2005
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:...
City Plan Development - 8/11/2005
In this appeal, we examine the parameters of the Labor Commissioner's authority to conduct hearings, render decisions and assess penalties involving prevailing wage issues under Nevada labor law. We conclude that, under the...
Desic v. Fairfield Properties - 8/11/2005
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: May...
Indiana Dep't of Natural Resources v. Cobb - 8/11/2005
FOR PUBLICATION
Appellant-respondent Indiana Department of Natural Resources, Law Enforcement Division (DNR) appeals from the determination of the Indiana Civil Rights Commission (ICRC) that DNR terminated appellee-complainant...
People v. Berry - 8/11/2005
UNPUBLISHED
Before: Cooper, P.J., and Fort Hood and R. S. Gribbs, JJ.
Defendant Stephen Maurice Berry appeals as of right from his jury trial conviction of possession of a firearm during the commission of a felony, MCL...
Yanowitz v. L'Oreal USA - 8/11/2005
Plaintiff Elysa J. Yanowitz was a regional sales manager employed by defendant L'Oreal USA, Inc. (L'Oreal), a prominent cosmetics and fragrance company. Yanowitz alleges that after she refused to carry out an order from a male...
Reynolds v. Bement - 8/11/2005
In this action for recovery of unpaid overtime compensation, the question presented is whether plaintiff has stated a cause of action against any of eight individuals who were officers or directors and shareholders of the Delaware...
Andrade v. Industrial Claim Appeals Office of the State of Colorado - 8/11/2005
ORDER AFFIRMED
Rothenberg and Webb, JJ., concur
OPINION PREVIOUSLY ANNOUNCED AS "NOT PUBLISHED PURSUANT TO C.A.R. 35(f)" ON JUNE 30, 2005, IS NOW SELECTED FOR PUBLICATION
In this workers' compensation proceeding,...
Medina v. Hunemuller Construction - 8/11/2005
The principal issue presented by this case is whether an employer who mistakenly notifies the Workers' Compensation Administration (WCA) of its acceptance of a mediator's recommended resolution may obtain relief from the binding...
Mullenix v. Celanese Ltd. - 8/11/2005
Before Justices Rodriguez, Castillo, and Garza
The trial court granted summary judgment in favor of appellees Celanese Ltd. and Celanese Corpus Christi Technical Center ("Celanese") and denied appellant Thomas Mullenix's...
Koskey v. Baker Hughes - 8/11/2005
This appeal arises from a summary judgment granted in favor of a parent corporation that alleged it was protected by the "exclusive remedy" provision of the Texas Workers' Compensation Act against work-related claims of its...
Hopkins v. Texas Commission on Environmental Quality - 8/11/2005
This is an appeal from the granting of judgment non obstante veredicto (JNOV) after a jury award to a plaintiff in a whistleblower case. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 2004). Arthur J. Hopkins sued his former...
Continental Casualty Co. v. Mangum - 8/11/2005
Before Chief Justice Valdez and Justices Hinojosa and Rodriguez
Appellant, Continental Casualty Company ("CCC"), appeals from the trial court's judgment upholding a decision of the Texas Workers' Compensation Commission...
American Interstate Insurance Co. v. Hinson - 8/11/2005
Is the evidence in this workers' compensation case sufficient to support the jury's finding that William E. Hinson was notintoxicated at the time of his injury? We review all of the evidence admitted at the trial to evaluate if the...
Maggio v. Dep't of Labor and Employment Security - 8/10/2005
ON REMAND FROM THE SUPREME COURT OF FLORIDA
This case is before us on remand from the Florida Supreme Court, which disagreed with our conclusion that Janet Maggio's employment discrimination claims against the Department of Labor...
Beard v. Sprint Spectrum - 8/10/2005
1 Petitioner, David A. Beard, appeals the decision of the Chief Legal Counsel of the Illinois Department of Human Rights (Department) affirming the Department's dismissal of his employment discrimination complaint filed pursuant to...
Gray v. State - 8/10/2005
Bell, C.J., Raker, Wilner, Cathell, Harrell, Battaglia, Greene, JJ.
On January 10, 1990, Randy Hudson was fatally shot in Baltimore City. As a result of that shooting, on April 17, 1991, Julian Gray, petitioner in this case, was...
Fitzpatrick v. Town of Falmouth - 8/10/2005
Reporter of Decisions
Argued: June 14, 2005
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.
[ ] Gayle A. Fitzpatrick and Charles A. Rankowski appeal from a judgment entered in the Superior...
In re Compensation of Cary - 8/10/2005
Argued and submitted June 6, 2005.
Before Armstrong, Presiding Judge, and Brewer, Chief Judge, and Landau, Judge.
Affirmed on petition; on cross-petition, reversed and remanded for reconsideration of attorney fees. ...
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