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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Wyly v. Preservation Dallas - 6/22/2005
Before Justices Morris, Whittington, and O'Neill
This case involves proceedings in which the Wyly defendant-appellants sought a certificate to demolish a house in the historic Swiss Avenue district in Dallas. After an initial...
Lewis v. Dallas Soundstage - 6/22/2005
Before Justices Morris, Francis, and Mazzant
In this case brought under Title III of the Americans with Disabilities Act of 1990 (ADA), William Lewis, Howard Knieriem, and Steve Holley (collectively, appellants) appeal the...
Sukala v. Heritage Mutual Insurance Co. - 6/22/2005
Review of a decision of the Court of Appeals. Reversed.
Heritage Mutual Insurance Company (Heritage) and Western National Mutual Insurance Company (Western) seek review of a court of appeals decision reversing the circuit...
Labor Ready - 6/21/2005
Before Fine, Curley and Kessler, JJ.
This is an appeal by a temporary help agency, Labor Ready, Inc., and its insurance carrier, Lumbermen's Mutual Casualty Co. (collectively, "Labor Ready") from an order of the circuit court...
Dash v. Coalfield Services - 6/21/2005
Jimmy Ralph Dash, Jr. appeals a decision of the Workers' Compensation Commission finding that the applicable statute of limitations barred his March 13, 2003 claim seeking an award of permanent total disability benefits pursuant to...
Browne v. Kroger Co. - 6/21/2005
Appellant Margaret T. Browne filed suit against her employer, Kroger Company, seeking damages for a neck injury she alleges resulted from Kroger's negligence in requiring her to perform certain tasks even though she informed Kroger...
Gunn v. Independent Radiology Assoc. - 6/21/2005
Background
The issue in this appeal is which of three insurance carriers is liable for the payment of workers' compensation benefits to Ms. Gina Gunn ("Ms. Gunn") for a work-related injury she sustained while employed by...
Lad General Contractors v. Workers ' Compensation Appeal Board - 6/21/2005
Lad General Contractors (Employer) and Westfield Group petition for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting the Claim Petition of...
Conley v. Regents of the University of California - 6/21/2005
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...
Parisi v. Yale University - 6/21/2005
The plaintiff, Mark Parisi, appeals from the decision of the workers' compensation review board (board) affirming the dismissal of his claim by the workers' compensation commissioner (commissioner). On appeal, the plaintiff claims...
Joy Global - 6/21/2005
Joy Global, Inc. (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) granting the claim petition of David Hogue (Claimant)...
White Engineering v. Workers ' Compensation Appeal Board - 6/20/2005
White Engineering petitions for review of both the April 8, 2004 order of the Workers' Compensation Appeal Board (Board) at Docket No. 862 C.D. 2004, affirming the decision of Workers' Compensation Judge Joseph E. McManus that...
City of Philadelphia v. Civil Service Commission - 6/20/2005
The issue in this case is whether the Commonwealth Court erred in affirming the trial court's ruling that the Civil Service Commission (the "Commission") could rely on hearsay evidence in the form of unsworn medical records in...
Anglin v. Workers ' Compensation Appeal Board - 6/20/2005
Peter J. Anglin (Petitioner) filed a pro se petition for review of the October 27, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of Workers' Compensation Judge (WCJ) Bruce K. Doman following...
City of Providence School Dep't v. Rhode Island State Labor Relations Board - 6/20/2005
DECISION
This case comes before the Court on appeal from a decision of the Rhode Island State Labor Relations Board ("Board"), finding that substitute clerks who work more than sixteen weeks in a year for the City of Providence...
Alexander v. Forklifts Unlimited - 6/20/2005
Opinion
Heard May 11, 2005
REVERSED
Forklifts Unlimited and Zurich American Insurance Company ("Appellants") appeal a circuit court order awarding benefits under the South Carolina Workers' Compensation Act. We...
Keith v. River Consulting - 6/20/2005
Opinion
Heard April 5, 2005
REVERSED AND REMANDED
A.J. Concrete Pumping, LLC (A.J. Concrete), appeals the grant of summary judgment to Hightower Construction Company, Inc. (Hightower Construction), arguing the...
Stanhope v. Workers ' Compensation Appeal Board - 6/17/2005
Robert M. Stanhope (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), affirming the decision of the Workers' Compensation Judge (WCJ), denying Claimant's claim petitions. The Board's order...
Fain v. CNA Insurance Co. - 6/17/2005
The plaintiff is a fifty-year old, high school graduate lady, in good health, and essentially unskilled, whose right hand was pulled into a machine and squeezed. She sustained a minor laceration requiring six surface sutures, which...
Sterling Trust Co. v. Roderickadderley - 6/17/2005
Argued September 29, 2004
JUSTICE JOHNSON did not participate in the decision.
The Texas Securities Act (TSA) imposes liability on a person who sells securities "by means of an untrue statement of a material fact or an...
Superior Lawn Care v. Workers ' Compensation Appeal Board - 6/17/2005
Superior Lawn Care and State Workers' Insurance Fund (collectively referred to as Petitioners) petition for review of an order of the Workers' Compensation Appeal Board (Board), dated December 13, 2004, reversing an order of a...
Dougherty v. Workers ' Compensation Appeal Board - 6/17/2005
Robert Dougherty (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that suspended Claimant's benefits and dismissed his review petition. In doing so, the Board affirmed the decision of the...
People v. Espinosa - 6/17/2005
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...
Baker v. El Dorado Union High School Dist. - 6/17/2005
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...
Scott v. Scott - 6/17/2005
Trudie Hayes Scott ("the mother") appeals from a divorce judgment that, she claims, improperly "stayed" the child-support obligation of Joe F. Scott ("the father"). The father cross-appeals and asserts that the trial court's judgment...
Arizona Property and Casualty Insurance Guaranty Fund v. Martin - 6/17/2005
In this declaratory relief action (DRA) that involves a Morris agreement, appellants Bunny Martin and her husband appeal from the trial court's grant of summary judgment in favor of appellee Arizona Property and Casualty Insurance...
Law Offices of Thomas L. Plumb v. Workers ' Compensation Appeals Board - 6/16/2005
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...
Aguilera v. Inservices - 6/16/2005
We have for review Inservices, Inc. v. Aguilera, 837 So. 2d 464 (Fla. 3d DCA 2002), which expressly and directly conflicts with and also misapplies our decision in Sibley v. Adjustco, Inc., 596 So. 2d 1048 (Fla. 1992). We have...
Ancira Enterprises - 6/16/2005
This is an appeal from a judgment on a jury verdict finding Ancira Enterprises, Incorporated (Ancira Enterprises) and Ancira GMC Trucks and Motor Homes, Inc. (Ancira GMC) liable for retaliatory discharge in violation of the Texas...
Attieh v. University of Texas at Austin - 6/16/2005
Appellant, Aman Attieh, appeals the trial court's grant of summary judgment in favor of appellee, University of Texas at Austin (the University). Attieh claims that her position as Senior Lecturer was eliminated and that she was...
Cage v. Yasuda Fire & Marine Insurance Co. of America - 6/16/2005
This workers' compensation case involves the award of permanent and total disability benefits to the employee for an aggravation of his respiratory ailment and the determination that the employer shall provide medical coverage for...
Campbell v. State - 6/16/2005
Concurring: Frank L. Kurtz, John A. Schultheis
PUBLISHED OPINION - Opinion ordered published August 23, 2005
Meredith Campbell began working as a custodian for Eastern Washington University (EWU) in 1999. In 2001, she...
McDonnell v. Texas Workers ' Compensation Commission - 6/16/2005
Appellant Mark F. McDonnell, M.D., filed an unopposed motion to dismiss this appeal. Accordingly, we grant the motion to dismiss this appeal. See Tex. R. App. P. 42.1(a).
Before Justices B. A. Smith, Patterson and Pemberton ...
In re Big 8 Food Stores - 6/16/2005
Relator, Big 8 Food Stores, Ltd. ("Big 8"), asks this Court to issue a writ of mandamus against Respondent, the Honorable Javier Alvarez, Judge of the County Court at Law Number Three, El Paso County, Texas. For the reasons stated,...
Ogden City Corp. v. Harmon - 6/16/2005
For Official Publication
Original Proceeding in this Court
Before Judges Jackson, Orme, and Thorne.
Ogden City (the City) appeals the Ogden Civil Service Commission's (the Commission) order reversing the City's...
Clayton v. Wisener - 6/15/2005
In six issues, Appellant Tom Clayton, M.D. challenges the trial court's entry of a judgment awarding $91,488.00 in actual damages and $200,000.00 in exemplary damages to Appellee Susan Wisener. We affirm in part and reverse and...
Bon Homme County Commisson v. American Federation of State - 6/15/2005
Argued on April 27, 2004
[ .] These are appeals in two separate unfair labor practice cases primarily regarding public employer insistence on a "management rights clause" in their negotiated agreements. In both cases, the...
Stacey v. Workers ' Compensation Appeal Board - 6/15/2005
William Stacey (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a workers' compensation judge (WCJ) denying his Challenge Petition, Penalty Petition and...
Grundfest v. Cedars Sinai Medical Center - 6/14/2005
Respondent’s petition for rehearing was denied July 14, 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...
In re Brendan C. - 6/14/2005
In separate appeals, now consolidated, the respondent parents challenge the judgment of the trial court terminating their parental rights as to their minor child. In AC 25327, the respondent mother's sole claim is that the court...
Biddle v. Kraft Foods - 6/14/2005
Submitted: June 8, 2005
Before STEELE, Chief Justice, BERGER and JACOBS, Justices.
ORDER
This 14th day of June 2005, upon consideration of the briefs of the parties and the record in this case, it appears to the Court...
Williams v. Workers ' Compensation Appeal Board - 6/14/2005
Donna Williams (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that denied her petition to reinstate compensation benefits. In doing so, the Board reversed the decision of the Workers'...
DeCamp v. Dollar Tree Stores - 6/14/2005
The plaintiff, Maria L. DeCamp (plaintiff), appeals from the entry of summary judgment in favor of the defendants, Dollar Tree Stores, Inc. (Dollar Tree), and the plaintiff's supervisor, Kenneth Braz (Braz) (collectively defendants),...
Hudson v. Aerostructures Corp. - 6/14/2005
I. FACTUAL BACKGROUND
Elton Lee Hudson was, at the time of trial, sixty-fours years of age and had completed the twelfth grade of high school. He had worked in a chicken hatchery, for the City of Lebanon Water Department...
Alaiyan v. Insightful Corp. - 6/13/2005
Appellant Wajih Alaiyan would have us pose the issue in this case very broadly: Is there a clear mandate of public policy against deceptive accounting practices at publicly traded companies? Respondent Insightful Corporation would...
Arpryazhka v. State of Washington Employment Security Dep't - 6/13/2005
Vi Arpryazhka was denied unemployment benefits on grounds she was terminated for disqualifying misconduct. We find the evidence sufficient, and affirm.
FACTS
Vi Arpryazhka worked for the Tulalip Casino as an observer in...
Employees of Intalco Aluminum Corp. v. Employment Security Dep't of the State of Washington - 6/13/2005
Employees who accepted voluntary severance packages were denied unemployment benefits. Because there was no written layoff announcement and the employer did not take the final action to grant the severance, the employees do not...
Pyles v. Pacific Coast Feather Co. - 6/13/2005
I. FACTUAL BACKGROUND
Aileen Pyles was fifty-two years of age at the time of trial and had been married for thirty-five years. She completed the eighth grade at Clinton Elementary School. Her work experience primarily has been...
Baldassare v. Jacksonville Sheriff's Office - 6/10/2005
Petition for Writ of Certiorari - Original Jurisdiction.
DENIED.
WEBSTER, DAVIS and THOMAS, JJ., CONCUR. ...
Cassidy v. State Civil Service Commission - 6/10/2005
John P. Cassidy (Cassidy) petitions for review from the decision of the State Civil Service Commission (Commission) which dismissed Cassidy's appeal challenging his removal from regular Workers' Compensation Judge (WCJ) employment...
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51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100
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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