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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Alter v. Oppenheimer & Co. Inc. - 6/30/2005
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This opinion is uncorrected and will not be published in the printed Official Reports.
Discussion
There are three separate actions...
Charnoff v. Baldwin Realty Group - 6/30/2005
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This opinion is uncorrected and will not be published in the printed Official Reports.
This motion, by defendant, for an order:
a)...
Buck v. Graphic Arts Mutual Insurance Co. - 6/30/2005
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:...
Crowningshield v. Kim - 6/30/2005
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:...
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,...
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...
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...
In re Hartford Underwriters Insurance Co. - 6/30/2005
Original Mandamus Proceeding
In the underlying proceeding, the real parties in interest filed an action in Ector County seeking judicial review of a Texas Workers' Compensation Commission appeals panel decision that vacated the...
Martinez v. Media-Paymaster Plus - 6/30/2005
For Official Publication
Original Proceeding in this Court
Before Judges Billings, Greenwood, and Jackson.
Enrique Martinez appeals from the Labor Commission's order, denying his claim for permanent total...
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...
People v. Bray - 6/29/2005
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...
Hohol v. Transtar Industries - 6/29/2005
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Frontier Medical - 6/29/2005
Defendant Ronald Weinstock challenges a $3 million jury award in favor of plaintiff Frontier Medical, Inc. (Frontier), for profits Frontier would have earned under a contract for the purchase, lease and distribution of an electronic...
Bates v. Workers ' Compensation Appeal Board - 6/29/2005
Claimant Barry Bates petitions for review of the order of the Workers' Compensation Appeal Board (Board), affirming the decision of a Workers' Compensation Judge (WCJ), which, inter alia, granted claimant's penalty petition against...
McBride v. Gemini Air Cargo - 6/29/2005
Before GERSTEN, RAMIREZ and SUAREZ, JJ.
The Appellants, Reed McBride, Jesus Pietri, Omar Tejada, and Homero Herrera, appeal the trial court's order dismissing their Florida Whistleblower Act ("FWA") complaints with prejudice. We...
In re Discipline of Ortner - 6/29/2005
ORIGINAL PROCEEDING
Considered on Briefs May 24, 2005
[ .] Following the release of this Court's decision in Reaser v. Reaser, 2004 SD 116, 688 NW2d 429, the Disciplinary Board of the State Bar of South Dakota generated a...
Doege v. Sid Peterson Memorial Hospital - 6/29/2005
Sitting: Alma L. López, Chief Justice, Sandee Bryan Marion, Justice, Phylis J. Speedlin, Justice
AFFIRMED IN PART AND REVERSED AND REMANDED IN PART
This is an appeal from the trial court's order rendering summary judgment...
Barlow v. Winkelman - 6/28/2005
Clinton C. Barlow (claimant) appeals a decision of the Workers' Compensation Commission finding that (1) the commission lacked jurisdiction to consider claimant's July 30, 2004 letter filed on August 2, 2004, because it did not...
Barchus v. State Farm Fire & Casuality Co. - 6/28/2005
Appellant, Kenneth Barchus, appeals the trial court's judgment in favor of appellee, State Farm Fire & Casualty Company, in his appeal from the Texas Workers' Compensation Commission's (the "Commission") decision denying him...
Chayoon v. Sherlock - 6/28/2005
The plaintiff, Joseph Chayoon, appeals from the trial court's judgment dismissing his wrongful termination action against several defendants who were at all relevant times employed by the Mashantucket Pequot Gaming Enterprise at...
Riopelle v. Dep't of Financial Services - 6/28/2005
Susie Riopelle, owner of Yellow Jacket Construction, Inc., appeals two orders of the Department of Financial Services, affirming two stop- work and penalty-assessment orders issued against her for failing to provide...
Florida Retail Rederation Self-Insured Fund-Summit Claims Center v. Quintero - 6/28/2005
Appellant, an insurance carrier, appeals an order finding that the workers' compensation policy issued by it to the employer below was in full force and effect on the date of the industrial accident suffered by the claimant. The order...
Allen v. Protel - 6/28/2005
This is the second time this workers' compensation case has been before us. On the prior appeal, we reversed the order holding that claimant was not permanently and totally disabled "because the findings recited in the order re so...
Marsh v. Workers ' Compensation Appeals Board - 6/28/2005
Stanley Marsh (Marsh) petitions this court to review the lawfulness of an opinion of the Workers' Compensation Appeals Board (WCAB). (Lab. Code, § 5950; Cal. Rules of Court, rule 57.) We are called upon to determine the applicability...
Tilley v. CZ Master Association - 6/28/2005
Donald Tilley, a security guard employed by BonaFide Security Services, Inc., sued CZ Master Association, a homeowner's association which had contracted with BonaFide for security services, because of injuries he suffered from an...
Jones v. Dep't of General Services - 6/27/2005
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Poe v. Neeley - 6/27/2005
I.
The plaintiff worked for SDS for some 12 years plus, from April 15, 1991, to October 21, 2003, when he was discharged for "violation of attendance policy."
The relevant attendance policy first took effect on August 1,...
Harig v. Burns International Security Services - 6/27/2005
The Board of Industrial Insurance Appeals found that the noise level of the alarm indicator, which Trina Harig claimed caused her industrial injury, did not exceed 55 decibels (dB), and noise at that level could not cause injury. The...
Shugart v. OEA - 6/27/2005
Respondent’s petition for rehearing was denied July 22, 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...
Double Ace Inc. v. Pope - 6/24/2005
Presenting 13 issues, Double Ace, Inc. appeals the judgment following a jury trial, denying it any relief on its claims for damages and awarding Bennie Dale Pope and Michael Deardorff damages and attorney's fees sought by their...
Order List - 6/24/2005
03-0938 LARRY MEYER v. JOHN CATHEY; from McLennan County; 10th district (10-99-00326-CV, 115 SW3d 644, 08-04-03) 2 petitions
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petitions for review and...
Theesfeld v. Image Electrolysis & Skin Care - 6/24/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Sherrie Theesfeld sued Image Electrolysis & Skin Care, Inc. d/b/a Image Spa alleging that she was injured on the Image Spa premises while working as an invitee independent contractor for...
Peck v. Tanner - 6/24/2005
Summary of Facts & Proceedings Below
The complaint alleged breach of a partnership agreement and fraud and sought an accounting and damages. The plaintiff, Jerry W. Peck, asserted that he and the defendant, William B....
Holtzman v. Workers ' Compensation Appeals Board - 6/24/2005
THE COURT
Herbert Holtzman petitions this court for a second writ of review (Lab. Code, § 5952) arising out of a 1992 industrial injury suffered by an employee of his uninsured corporation, American Oak Products, Inc....
Reed Manufacturing Co. v. Workers ' Compensation Appeal Board - 6/24/2005
Reed Manufacturing Co. (Employer) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) that granted Kevin Kaday's (Claimant) penalty...
Massey v. Krispy Kreme Doughnut Corp. - 6/24/2005
Alicia Massey appeals from a summary judgment entered in favor of Krispy Kreme Doughnut Corporation ("Krispy Kreme") as to her claims alleging retaliatory discharge in violation of Ala. Code 1975, § 25-5- 11.1, breach of contract, and...
Waste Management and Transportation Insurance Co. v. Estridge - 6/23/2005
05-16Waste Management has petitioned for review from the court of appeals' denial of its motion for rule on the clerk to accept an untimely record. We granted Waste Management's petition to consider the interpretation of Ark. Code...
Blue Cross/Blue Shield of Rhode Island v. State of Rhode Island Dep't of Business Regulation - 6/23/2005
DECISION
The petition before the Court was brought by Blue Cross/Blue Shield of Rhode Island (BCBS) and (1) seeks review of a final decision and order of the Department of Business Regulation (DBR) pursuant to the provisions of...
McClure v. Service Partners - 6/23/2005
Submitted May 1, 2005
AFFIRMED
Service Partners, LLC, and Travelers Indemnity Company appeal the circuit court's decision reversing the Workers' Compensation Appellate Panel (Full Commission) and finding Karen McClure...
Western Steel Co. - 6/23/2005
Before Justices Yanez, Castillo, and Garza.
Appellee, Hank Altenburg, sued appellant, Western Steel Company, Inc. ("Western"), for injuries sustained in a work-related accident. Following a jury trial, the jury found (1)...
Ackerson v. Clarendon National Insurance Co. - 6/23/2005
Appellant was injured on the job and submitted a claim against appellee, his employer's insurance carrier, to the Texas Workers' Compensation Commission ("Commission"). After the Commission granted partial relief, the Commission's...
Ricks v. Nationwide Insurance Co. - 6/22/2005
1 We decide whether the Motor Vehicle Financial Responsibility Law (MVFRL) prohibits an injured motorist from pleading, proving and recovering the amount of benefits he received from his employer's workers' compensation carrier in...
Vowell v. Clinton Home Center - 6/22/2005
I. FACTUAL BACKGROUND
At the time of trial Bryan Vowell was twenty-two years of age, married and had completed the eleventh grade. He dropped out of school and started working at the Clinton Home Center in June of July 1999. ...
In re Toys "R" US - 6/22/2005
Date Submitted: June 17, 2005
Date Corrected: June 24, 2005
I. Introduction
This opinion addresses a motion to enjoin a vote of the stockholders of Toys "R" Us, Inc. (the "Company") tomorrow to consider approving a...
Pinero v. Specialty Restaurants Corp. - 6/22/2005
CERTIFIED FOR PUBLICATION
Appellant Alberto Pinero sued his former employer, respondent Specialty Restaurants Corporation (SRC), for retaliation. Pinero claimed that SRC forced him to resign after learning Pinero had filed an age...
Teasley v. Hermann Companies - 6/22/2005
This one-brief appeal arises from a decision of the Workers' Compensation Commission denying appellant and appellees' joint motion that the Commission approve a twenty-five percent attorney's fee to be paid by appellant's medical...
Banks v. Arkansas Dep't of Human Services - 6/22/2005
NOT DESIGNATED FOR PUBLICATION
Teresa and Patrick Banks appeal from an order of the Sebastian County Circuit Court terminating their parental rights to their two children, D.B. and B.B. On appeal, Teresa argues that the trial...
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