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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Home Insurance Co. v. Liberty Mutual Fire Insurance Co. - 7/7/2005
Suffolk.
May 6, 2005
Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, & Sosman, JJ.
Insurance, Workers' compensation insurance, Construction of policy, Coverage. Workers' Compensation Act, Coverage....
Florida Bar v. Shankman - 7/7/2005
We have for review a referee's report regarding alleged ethical breaches by David S. Shankman. We have jurisdiction. See art. V, § 15, Fla. Const.
I. FACTS
The Florida Bar filed a complaint against attorney David S....
Bugaj v. Great America Transportation - 7/7/2005
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:...
Personius v. Mann - 7/7/2005
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:...
Sajid v. Tribeca North Associates L.P. - 7/7/2005
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.
Buckley, P.J., Marlow, Ellerin, Gonzalez,...
Butler v. Workers ' Compensation Appeal Board - 7/7/2005
Rita Butler (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), granting the City of Philadelphia's (Employer) termination...
Hagenberg v. Avedisian - 7/7/2005
This case came before the Supreme Court on May 10, 2005, on cross-appeals by the plaintiff, Albert E. Hagenberg (plaintiff or Hagenberg); and the defendants, the City of Warwick (city or Warwick), Scott Avedisian, in his official...
Skiles v. Jack in the Box - 7/7/2005
Before Justices Bridges, Richter, and Lang
Wade Skiles, plaintiff below, appeals the trial court's summary judgment that he take nothing in his lawsuit for negligence against Jack in the Box, Inc., defendant below.
Skiles...
[W] Cannon v. University Trace Condominium Association - 7/7/2005
Appellant Brenda S. Cannon challenges the trial court's grant of summary judgment in favor of appellee University Trace Condominium Association. By two points of error, appellant contends the trial court erroneously dismissed her...
Lopez v. Homebuilding Company - 7/7/2005
Appellant, Daniel Lopez, who sustained injuries from a fall from the second story of a house where he had been hired to perform stone masonry work, appeals from a final summary judgment rendered in favor of appellees, the...
In re Basco - 7/6/2005
Before Justices Moseley, Bridges, and Francis
Relator contends the trial judge erred in not disqualifying opposing counsel. We conclude the trial judge did not abuse his discretion in not disqualifying opposing counsel....
Bryant v. Lucent Technologies - 7/6/2005
Jane Anne Bryant filed suit against Lucent Technologies, Inc. for wrongful termination, breach of contract, intentional infliction of emotional distress, assault and battery, negligent supervision, fraud, and defamation. The court...
In re Compensation of Nida - 7/6/2005
Argued and submitted January 14, 2005.
Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.
Affirmed.
Petitioner petitions for judicial review of the Workers' Compensation Board's denial of her claim for...
In re Compensation of Garoutte - 7/6/2005
Argued and submitted November 4, 2004.
Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.
Reversed and remanded for reconsideration.
Claimant seeks review of an order of the Workers'...
Albanese v. City of New York - 7/6/2005
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.
Plaintiff Carlos Albanese, a carpenter, was...
Community Unit School District 200 v. Illinois Insurance Guaranty Fund - 7/6/2005
The General Assembly created the Illinois Insurance Guaranty Fund (the Fund) to assume the obligations of insolvent insurance companies. Community Unit School District No. 200 (the District) saw its workers' compensation insurer...
Garamendi v. Mission Insurance Co. - 7/5/2005
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...
Hummel v. Marten Transport - 7/5/2005
In this workers' compensation matter, the defendants, Marten Transport, Ltd. (Marten), and its insurer, Crawford & Company, appeal from the judgment of the workers' compensation review board (board) affirming the workers'...
Alter and Associates - 7/5/2005
In the absence of statutory authority to the contrary, the doctrine of sovereign immunity protects the state from civil liability for monetary damages unless a claimant has obtained permission to sue from the claims commissioner. In...
O'Flynn v. Consumers Energy - 7/5/2005
UNPUBLISHED
Before: Cooper, P.J., and Jansen and Hoekstra, JJ.
Plaintiff Marvell O'Flynn appeals as of right from an order granting defendant Consumers Energy's motion for summary disposition pursuant to MCR 2.116(C)(10)....
Peterson v. Consumers Energy - 7/5/2005
UNPUBLISHED
Before: Cooper, P.J., and Jansen and Hoekstra, JJ.
Plaintiff Charles Peterson appeals as of right from an order granting defendant Consumer Energy's motion for summary disposition pursuant to MCR 2.116(C)(4) and...
Ledesma v. Consumers Energy - 7/5/2005
UNPUBLISHED
Before: Cooper, P.J., and Jansen and Hoekstra, JJ.
Plaintiff Larry M. Ledesma appeals as of right from an order granting defendants Consumers Energy (Consumers) and Nuclear Management Co.'s (NMC) motions for...
Clark v. Lake Superior Paper/M.J. Electric - 7/5/2005
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 March 11, 2005,...
D'Aquisto v. Mission St. Joseph's Health System - 7/5/2005
Under the Workers' Compensation Act, an injury is only compensable if it is the result of an "accident arising out of and in the course of the employment[.]" N.C. Gen. Stat. § 97-2(6) (2004). In this case, the employer acknowledges...
Youse v. Duke Energy Corp. - 7/5/2005
Sylvia Youse (plaintiff) was employed by Duke Energy Corporation (defendant) from 8 October 1984 to 21 March 2002. Plaintiff became a Quality Assurance Analyst (QAT Analyst) for defendant on 1 June 1999. The QAT Analyst job description...
Yates v. Hurley - 7/5/2005
Garland N. Yates ("Yates"), Litchard D. Hurley ("Hurley"), and Western Surety Company (collectively, "defendants") appeal from an order denying their motions for summary judgment. We affirm in part, reverse in part, and dismiss...
Munoz v. Caldwell Memorial Hospital - 7/5/2005
Caldwell Memorial Hospital ("Caldwell") and Allied Claims Administration ("Allied") (collectively, "defendants") appeal an opinion and award of the North Carolina Industrial Commission awarding Joanne Munoz ("plaintiff") compensation...
Jameson v. Jameson - 7/5/2005
Irwin, Carlson, and Moore, Judges.
INTRODUCTION
Steven J. Jameson appeals from an order of the district court for Douglas County adopting the referee's recommendation to dismiss the application to modify the decree of...
Safeco Insurance Co. v. Brink - 7/5/2005
Chad Brink served alcohol to a minor and then had nonconsensual sexual intercourse with her. The victim sued Brink for damages, and he tendered the claim to his homeowner's insurance company. Because there was no occurrence within...
Uninsured Employer's Fund v. Mendes - 7/5/2005
The Uninsured Employer's Fund ("the Fund") appeals a decision of the Workers' Compensation Commission finding that Joseph C. Mendes proved he (1) cured his previous unjustified refusal of vocational rehabilitation services; (2) made...
Campbell Gibbons & Associates - 7/5/2005
Campbell Gibbons & Associates, Inc. and its insurer (hereinafter referred to as "employer") appeal a decision of the Workers' Compensation Commission finding that Larry Young (claimant) proved his September 11, 2003 injury by...
Smith-Hunter Construction Company - 7/5/2005
Heard Filed April 19, 2005
AFFIRMED
Both parties have appealed the trial court's order in this action concerning the construction of a house. This matter was certified from the Court of Appeals pursuant to Rule 204(b),...
Alley v. Quebecor World Kingsport - 7/5/2005
In this action the Trial Court overruled defendant's Motion to Dismiss, and defendant filed an Application for Interlocutory Appeal which was granted by the Trial Court and this Court.
Plaintiffs' action alleged that Quebecor...
Speedway SuperAmerica - 7/1/2005
Speedway SuperAmerica, LLC ("Speedway") appeals from a judgment awarding Erma Dupont $80,740.54 following a jury verdict in this lawsuit for sexual harassment and hostile work environment. We reverse the trial court's denial of...
Bratcher v. Conopco - 7/1/2005
REVERSING AND REMANDING
BEFORE: GUIDUGLI AND VANMETER, JUDGES; EMBERTON, SENIOR JUDGE.
Steven L. Bratcher was injured while working as a laborer and employee of Mechanical Consultants, Inc., an industrial plumbing company...
Eason v. Hornback Cabinet Co. - 7/1/2005
AFFIRMING
BEFORE: BUCKINGHAM, DYCHE, AND TAYLOR, JUDGES.
The sole question in this Workers' Compensation petition for review is the appropriate method for assessment of Petitioner Marty Lee Eason's spinal injury, and its...
Tri County Operations v. Surgener - 7/1/2005
AFFIRMING
BEFORE: TACKETT AND TAYLOR, JUDGES; HUDDLESTON, SENIOR JUDGE.
Tri County Operations petitions this Court to review a December 3, 2004, opinion of the Workers' Compensation Board affirming the Administrative Law...
Frank v. Meadowlakes Development Corp. - 7/1/2005
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.
PRESENT: GREEN, J.P., HURLBUTT, KEHOE, PINE,...
In re Marriage of Crosby - 7/1/2005
On review from the Iowa Court of Appeals.
Appeal from dissolution decree. DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT AFFIRMED AS MODIFIED; CASE REMANDED.
The respondent in this case, Clayton Crosby,...
McCombs v. Cimato Enterprises - 7/1/2005
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.
PRESENT: PIGOTT, JR., P.J., GREEN, GORSKI,...
Leon E. Wintermyer - 7/1/2005
Leon E. Wintermyer, Inc., and Penn National Insurance Company (Wintermyer/PNI) petition for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed Workers' Compensation Judge Charles Clark's decision that...
Brooks v. Workers ' Compensation Appeal Board - 7/1/2005
Joseph Brooks (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) denying Claimant's request for reinstatement of total disability compensation benefits. In doing so, the Board...
Mullarkey v. Workers ' Compensation Appeal Board - 7/1/2005
Mary Mullarkey (Petitioner) petitions for review of an order of the Workers' Compensation Appeal Board (Board), which affirmed an order of a Workers' Compensation Judge (WCJ) granting New Tech Associates, Inc.'s (Employer)...
Pittsburgh Board of Education v. Workers ' Compensation Appeal Board - 6/30/2005
The Pittsburgh Board of Education (Employer) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) denying Employer's Review Petition....
Trout v. Workers ' Compensation Appeal Board - 6/30/2005
Patricia Trout (Claimant) petitions for review of the October 13, 2004, order of the Workers' Compensation Appeal Board (WCAB) affirming the decision of a workers' compensation judge (WCJ) to grant the suspension petition filed by...
GTech Corp. v. Pizzitola - 6/30/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division on the respondent/employee's appeal from an adverse decision of the trial judge which discontinued the employee's weekly benefits based upon a...
Futura Agency - 6/30/2005
Futura Agency, Inc. (Employer) petitions for review from a decision of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) which granted the penalty petition and...
McClain v. Workers ' Compensation Appeal Board - 6/30/2005
Linda McClain (Claimant) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which affirmed the decision of a Workers' Compensation Judge (WCJ) granting the Review Petition filed by BethEnergy Mines,...
Watterson v. Thielsch Engineering Inc. - 6/30/2005
ORDER OF REMAND FROM THE APPELLATE DIVISION
This matter is before the Appellate Division on the appeal of the respondent/employer.
The employee filed an original petition on February 17, 2004 alleging that he sustained a...
Hearst Communications - 6/30/2005
JUSTICES: Concurring: James Johnson Barbara A. Madsen Bobbe J Bridge Charles W. Johnson Gerry L Alexander Richard B. Sanders Susan Owens Mary Fairhurst
En Banc
We are asked to interpret the Joint Operating Agreement between...
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101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150
151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200
201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250
251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300
301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350
351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400
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