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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Atkinson v. State - 7/14/2005
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:...
Muller v. Albany Medical College - 7/14/2005
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:...
Pirtle v. Shoney's - 7/14/2005
Mr. Eugene Pirtle was fifty-three years old at the time of trial. He attended school until the ninth grade but cannot read or write. He cannot drive a car. He has worked at Shoney's for thirty-five years as a busboy and dishwasher....
Velasquez v. Waste Connections - 7/14/2005
This is an appeal from a summary judgment granted in favor of Appellees in a lawsuit filed by Appellant alleging wrongful termination on the basis of national origin as a result of his termination from employment with one Appellee,...
In re J. R. D. - 7/14/2005
Roger Duck appeals from a modification order in a suit affecting the parent-child relationship. After a hearing, the district court entered an order granting the petition to increase Duck's time with his sons to include Thursday...
Clewis v. Safeco Insurance Co. of America - 7/14/2005
Appellant Wilbert Clewis attempts to appeal from a trial court judgment affirming a decision of the Texas Workers' Compensation Commission Appeals Panel. We will dismiss for lack of jurisdiction.
On June 3, 2005, this court...
Hempel v. City of Baraboo - 7/13/2005
REVIEW of a decision of the Court of Appeals. Affirmed.
In this review of a published decision of the court of appeals, we are required to interpret and apply Wisconsin's Open Records Law, Wis. Stat. §§ 19.31-19.39, vis-à-vis...
In re Compensation of Sprague - 7/13/2005
On respondents' petition for reconsideration filed May 25, 2005. Opinion filed May 11, 2005. 199 Or App 435, 112 P3d 362.
Reconsideration allowed; former opinion modified and adhered to as modified.
SAIF petitions for...
Figueiredo v. Workers ' Compensation Appeal Board - 7/13/2005
In these consolidated appeals, Maria Figueiredo (Claimant) petitions for review of two separate orders of the Workers' Compensation Appeal Board (Board) which affirm a single decision of the Workers' Compensation Judge (WCJ)...
Jallow v. Kew Gardens Hills Apartments Owners - 7/13/2005
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 Abraham Jallow commenced this action seeking...
State ex rel Toledo Blade Co. v. Ohio Bureau of Workers ' Compensation - 7/13/2005
___ Ohio St.3d ___
Submitted July 5, 2005
IN MANDAMUS.
{ } This is an action for a writ of mandamus to compel a state agency, its administrator, and two limited-liability companies organized to receive state-agency...
Meyer v. IBP - 7/13/2005
IBP, Inc., appeals the district court's reversal of the agency decision. REVERSED.
Heard by Sackett, C.J., and Huitink and Vaitheswaran, JJ.
Jerry Meyer claimed he sustained a compensable injury in the form of carpal and...
Gonzalez v. St Mary's Medical Center of Saginaw - 7/12/2005
UNPUBLISHED
Before: Fitzgerald, P.J., and Meter and Owens, JJ.
Plaintiff appeals as of right the opinion and order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(10) of plaintiff's claims for...
Foster v. Dow Corning Corp. - 7/12/2005
UNPUBLISHED
Before: Fitzgerald, P.J., and Meter and Owens, JJ.
Plaintiff appeals as of right an opinion and order granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(10). We affirm.
This is a...
Beckius v. New Prague Community Schools - 7/12/2005
Relator Marty Beckius challenges the decision of the senior unemployment review judge that he was disqualified from receiving unemployment benefits because of employment misconduct because he failed to report to work as directed by...
Bolden v. Schnucks Markets - 7/12/2005
Opinion Vote: DISMISSED.
Sullivan, J. and Shaw, J., concur
Opinion:
Appellant, Schnucks Markets, Inc. ("Employer"), appeals the "Temporary Award Allowing Compensation" of the Labor and Industrial Relations Commission...
Simmons v. Mears - 7/12/2005
Opinion Vote: AFFIRMED.
Garrison, P.J., and Rahmeyer, J., concur.
Opinion:
This is an appeal from the Labor and Industrial Relations Commission ("Commission"). Harry Simmons ("Appellant") sought worker's compensation...
Simms v. State Compensation Insurance Fund - 7/12/2005
Submitted on Briefs: October 6, 2004
Randall Simms (Simms) appeals from a judgment entered by the Workers' Compensation Court (WCC) on March 15, 2004, dismissing, without prejudice, Simms' petition to require the Montana State...
Singh v. Deopaul - 7/12/2005
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.
In this negligence case several key facts are...
Jones v. Ohio Veteran's Home - 7/12/2005
DECISION
{ } Plaintiff brought this action against defendant alleging claims of intentional infliction of emotional distress and sexual harassment. After a trial on the issue of liability, the court rendered a decision in favor...
Ceballos v. Berkeley Farms - 7/12/2005
NOT TO BE PUBLISHED IN 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...
Arnone v. Connecticut Light and Power Co. - 7/12/2005
The plaintiff, Todd Arnone, the administrator of the estate of the decedent, Craig M. Arnone, appeals from the judgment of the trial court rendered on the granting of the motion for summary judgment filed by the defendant Edward...
Kundrat v. Workers ' Compensation Appeal Board - 7/12/2005
Robert E. Kundrat, Jr. (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a Workers' Compensation Judge's (WCJ) decision to deny: 1) Claimant's Petition to Review; 2) Cousar...
Waters v. Magee - 7/12/2005
This case involves a custody dispute over the parties' two daughters, who are now five and six years old. The defendant, Charles F. Magee, Jr., appeals from a Family Court order granting sole custody of the children to the plaintiff,...
Tate v. United Parcel Service - 7/12/2005
Claim No. 198-42-59
Upon a Rehearing En Banc
Before Chief Judge Fitzpatrick, Judges Benton, Elder, Bumgardner, Frank, Humphreys, Clements, Felton, Kelsey, McClanahan and Haley
By memorandum opinion dated August 10,...
Goodyear Tire & Rubber Co. v. Moore - 7/12/2005
The Goodyear Tire & Rubber Company and its insurer appeal a decision of the Workers' Compensation Commission and contend the commission erred as a matter of law in finding that Arnold J. Moore, Jr. proved the surgical...
Mieldon v. University of Washington - 7/11/2005
This is the second appeal in this case. In the first appeal, Mieldon v. Harborview Medical Center, et al., No. 49763-4-I, (Wash. Ct. App. Div. I, Nov. 25, 2002) (Mieldon I), we held the record supported the trial court's decision to...
State v. Dalton - 7/11/2005
Submitted: June 15, 2005
Before HOLLAND, BERGER and RIDGELY, Justices.
Upon appeal from the Superior Court. AFFIRMED.
This is an appeal from a final judgment entered by the Superior Court. The employer-appellant, the...
Rivera & Co. of S.W. Florida - 7/11/2005
AFFIRMED.
BARFIELD, BENTON, and HAWKES, JJ., CONCUR. ...
Nickerson-Mills v. Family Medicine of Stark County - 7/11/2005
JUDGMENT: Affirmed
{ } Appellant Kim Nickerson-Mills appeals the decision of the Court of Common Pleas, Stark County, which granted summary judgment in favor of Appellee Family Medicine of Stark County, Inc. ("Family...
Robinson v. City of New York - 7/11/2005
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.
RELIEF SOUGHT
Defendants URS Consultants, Inc....
Jeffrey v. Vending - 7/11/2005
JUDGMENT: AFFIRMED
{ } This is an appeal from a summary judgment ruling of the Court of Common Pleas of Richland County.
STATEMENT OF THE FACTS AND CASE
{ } Appellant was employed by Pepsi-Cola Bottling Company of...
Nagel v. Horner - 7/11/2005
DECISION AND JUDGMENT ENTRY
{ } Using R.C. 2744.02(C), Charles H. Horner, the Portsmouth Police Department, and the city of Portsmouth, Ohio, appeal the trial court's judgment denying them sovereign immunity on Steven E. Nagel's...
Duncan v. Mosser Construction - 7/8/2005
DECISION AND JUDGMENT ENTRY
{ } Appellants, Dennis P. Duncan and Vicki S. Duncan, appeal from a judgment by the Lucas County Court of Common Pleas that granted summary judgment in favor of appellee Mosser Construction, Inc....
In re Compensation of Dougan - 7/8/2005
En Banc
Argued and submitted May 9, 2005.
The decision of the Court of Appeals is vacated, and the petition for judicial review is dismissed.
In this workers compensation case, claimant asks this court to reverse an...
Vickers v. Wren Industries - 7/8/2005
{ } Ron Vickers and his wife are the plaintiffs in this action against Wren Industries and its subsidiary Jena Tools and some individually named defendant employer managers of the defendants and are appealing from the grant of...
Stewart v. Storch - 7/8/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Terri L. Stewart suffered a summary judgment in her action against her former landlord, Janine Storch ("Mrs. Storch"), to recover damages under the Georgia Fair Housing Act, OCGA § 8-3-200...
Fraternal Order of Police - 7/8/2005
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller- Lerman, JJ.
NATURE OF CASE
The Fraternal Order of Police, Lodge No. 8 (Union), represents employees of the Douglas County Department of Corrections...
J.M.L. v. A.M.P. - 7/8/2005
RECORD IMPOUNDED
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS
APPROVED FOR PUBLICATION
Argued May 31, 2005
Before Judges Cuff, Weissbard and Hoens.
When J.M.L. was fourteen, she...
Lowe Excavating Co. v. International Union of Operating Engineers Local No. 150 - 7/8/2005
The defendant, International Union of Operating Engineers Local No. 150 (the Union), appeals from the January 12, 2004, and April 16, 2004, orders of the circuit court of McHenry County awarding the plaintiff, Lowe Excavating Co.,...
Uninsured Employers' Fund v. Wilson - 7/8/2005
AFFIRMING
BEFORE: GUIDUGLI, JOHNSON AND McANULTY, JUDGES.
The Uninsured Employers' Fund appeals from an opinion of the Workers' Compensation Board reversing and remanding an opinion of the Administrative Law Judge. The...
Hutchins v. General Electric Co. - 7/8/2005
TO BE PUBLISHED
OPINION AND ORDER
DISMISSING
BEFORE: MINTON, SCHRODER, AND TAYLOR, JUDGES.
Appellant, by counsel, has responded to this Court's order requiring her to show cause why this appeal should not be...
Bryant v. Dollar General Corp. - 7/8/2005
AFFIRMING
BEFORE: GUIDUGLI AND TAYLOR, JUDGES; EMBERTON, SENIOR JUDGE.
Kim Bryant petitions us to review an opinion of the Workers' Compensation Board entered September 10, 2004, affirming the Administrative Law Judge's...
Norris v. Conway & Heaton - 7/8/2005
AFFIRMING
BEFORE: TACKETT AND VANMETER, JUDGES; MILLER, SENIOR JUDGE.
Steven Norris petitions for review of an opinion of the Workers' Compensation Board (Board) affirming the dismissal of his motion to reopen a claim...
Woodward v. American Greetings - 7/8/2005
AFFIRMING
BEFORE: TACKETT AND VANMETER, JUDGES; AND MILLER, SENIOR JUDGE.
William Woodward petitions this Court for review of a decision of the Workers' Compensation Board affirming the dismissal of his claim against...
Woosley v. Kroger Distribution - 7/8/2005
AFFIRMING
BEFORE: GUIDUGLI AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE.
Jonathan Woosley has petitioned this Court for review of an order of the Workers' Compensation Board (the Board) which affirmed the order of the...
Helm v. Workers ' Compensation Appeal Board - 7/8/2005
Randy Helm appeals from an order of the Workers' Compensation Appeal Board (Board) that reversed the Workers' Compensation Judge's (WCJ) decision to grant Helm's claim petition. The sole question presented is whether the WCJ...
Weissman v. Workers ' Compensation Appeal Board - 7/8/2005
Stephen D. Weissman (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) suspending his benefits. On appeal, Claimant argues...
Diamond Shamrock Refining Co. - 7/8/2005
Argued October 1, 2003
JUSTICE GREEN did not participate in the decision.
Charles Hall died of burns he suffered in a refinery explosion. His wife sued his employer, Diamond Shamrock Refining Co., L.P., a self-insured...
Henry v. Texas Lottery Commission - 7/8/2005
Pasty Henry appeals from a "no evidence" summary judgment granted in favor of the Texas Lottery Commission on her Texas Whistleblower Act claims. See Tex. Gov't Code Ann. §§ 554.001-.010 (West 2004). In two issues, she contends that...
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