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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Burrow v. Delta Container Corp. - 11/29/2005
Panel composed of Judges James L. Cannella, Marion F. Edwards, and Susan M. Chehardy
REVERSED IN PART; AFFIRMED AS AMENDED
Both plaintiff, James A. Burrow, and defendant, Delta Container Corporation, have appealed a...
Poole v. Terrell Musgrove Siding & Gutter - 11/29/2005
Panel composed of Judges Edward A. Dufresne, Jr., James L. Cannella, and James C. Gulotta, Pro Tempore
AMENDED, AND AS AMENDED, AFFIRMED
This is a workers' compensation case arising out of an injury plaintiff sustained on...
Suire v. William G. Helis Co. - 11/29/2005
Writ granted. The ruling of the court of appeal is reversed. The trial court's ruling granting GreyStar's motion for summary judgment is reinstated and the matter is remanded for further proceedings.
Plaintiff, William Suire, was...
Caesar v. Asian Rehabilitation Services - 11/29/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Graham v. Independent School District 625 - 11/29/2005
Appellant Teresa M. Graham, a former employee of respondent Independent School District 625, appeals from summary judgment dismissing her claims for negligence, breach of contract, promissory estoppel, respondeat superior, negligent...
Richards v. Treasurer of the State of Missouri As Custodian of the Second Injury Fund - 11/29/2005
Opinion Vote: AFFIRMED.
Spinden, P.J., and Holliger, J., concur.
Opinion:
Bobby Richards ("Richards") appeals from a decision of the Labor and Industrial Relations Commission ("Commission") finding that the Treasurer...
Bain v. Liberty Mutual Fire Insurance Co. - 11/29/2005
Submitted on Briefs: May 31, 2005
Pursuant to Section I, Paragraph 3(d)(v), Montana Supreme Court 1996 Internal Operating Rules, as amended in 2003, the following memorandum decision shall not be cited as precedent. Its case...
Russell v. ThyssenKrupp Elevator Manufacturing - 11/29/2005
Mr. Danny Russell was forty-four years old at the time of trial. He has a bachelor's degree in agriculture and has completed half of the course requirements for a master's degree in business administration from the University of...
Missouri Pacific Railroad Co. v. Limmer - 11/29/2005
Motion for Rehearing Granted in Part and Denied in Part; Reversed and Remanded; Opinions of October 5, 2004 Withdrawn and Opinion on Rehearing filed November 29, 2005.
OPINION ON REHEARING
Upon consideration of the motion...
Exxon Corp. v. Miesch - 11/29/2005
Before Chief Justice Valdez and Justices Hinojosa and Castillo.
This appeal follows a jury trial in an oil and gas case. Emerald Oil & Gas, L.C. ("Emerald"), a subsequent lessee, and intervening royalty interest owners...
Uninsured Employer's Fund v. Gabriel - 11/29/2005
Present: Chief Judge Fitzpatrick, Judges Benton and Bumgardner
Argued at Richmond, Virginia
OPINION
The Uninsured Employer's Fund appeals the award of death benefits to the widow and sons of Richard Gabriel. The...
Hanscom v. Advance Auto Parts and Royal Insurance Co. - 11/29/2005
Present: Judge McClanahan, Senior Judges Coleman and Annunziata
MEMORANDUM OPINION
David Hanscom appeals a decision of the Workers' Compensation Commission finding that (1) he failed to prove he remained partially...
Marder v. Board of Regents of the University of Wisconsin System - 11/29/2005
REVIEW of a decision of the Court of Appeals. Affirmed.
This is the review of a decision from the court of appeals reversing the order of the circuit court for Douglas County, Robert E. Eaton, Judge, that reversed the decision...
Brunson v. American Koyo Bearings - 11/28/2005
Submitted September 1, 2005
APPEAL DISMISSED
This is an appeal from an interlocutory order of the Workers' Compensation Commission. American Koyo Bearings and its insurance carrier, Tokio Marine and Fire Insurance...
Building Materials Corp. v. Coleman - 11/28/2005
The employee filed this action seeking benefits for shoulder injuries. At the time of trial, he was forty-eight years old with a ninth grade education. In May of 2001, he experienced a sharp pain in his left shoulder while raising...
Leidenfrost v. Wal-Mart Stores - 11/28/2005
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 July 25, 2005,...
Ernsting v. Gerald N. Shelley - 11/28/2005
I. Introduction
We dismiss this appeal because the appellant clearly waived his right to appeal on the record in the trial court below. Indeed, he went so far as to immediately satisfy all liability against him pursuant to both...
Kiski v. Workers ' Compensation Appeal Board - 11/28/2005
Alex Kiski (Claimant) petitions this Court for review of a Workers' Compensation Appeal Board (Board) order that reversed the decision of a Workers' Compensation Judge (WCJ) entered in April, 2004 denying BethEnergy Mines, Inc.'s...
Amster v. Workers ' Compensation Appeal Board - 11/28/2005
Steven L. Amster (Claimant) petitions for review of the July 18, 2005, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) denying Claimant benefits. We affirm. ...
Doors v. Workers ' Compensation Appeal Board - 11/28/2005
Keystone Shower Doors (Employer) appeals from the order of the Workers' Compensation Appeal Board (Board) which affirmed the Workers' Compensation Judge's (WCJ) decision to grant the Penalty Petition of Christina McCloskey...
Tower v. SC Dep't of Corrections - 11/28/2005
Submitted November 1, 2005
AFFIRMED
In this workers' compensation case, Michelle Tower appeals a circuit court order affirming the full commission's denial of her claim for benefits. Tower, an administrative assistant for...
Yogi v. City and County of Honolulu - 11/28/2005
NOT FOR PUBLICATION
By: Lim, Acting C.J., Foley and Fujise, JJ.
In this workers' compensation case, Bert Yogi (Yogi) appeals the April 9, 2003 order entered in a consolidated appeal before the Labor and Industrial Relations...
Obszanski v. Koko Contracting - 11/25/2005
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 action for violations of Labor Law 240 (1),...
Foote v. Lyonsdale Energy Limited Partnership - 11/23/2005
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:...
Gomez v. Windows On the World - 11/23/2005
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:...
Merante v. Director of Job & Family Services - 11/23/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant Joseph Merante appeals from the Lorain County...
Batiste v. Cuyahoga County Sheriff's Dep't - 11/23/2005
{ } Plaintiff-appellant J. Marie Batiste appeals from the trial court's decision to grant summary judgment to her former employer, defendant-appellee the Cuyahoga County Sheriff's Department, on her claims of disability...
Pintur v. Republic Technologies International - 11/23/2005
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } Appellant, Sylvia Pintur, appeals from the judgment of the...
In re Compensation of Godfrey - 11/23/2005
Argued and submitted February 14, 2005.
Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.
Reversed and remanded for reconsideration.
Armstrong, J., concurring.
ORS 656.265(1)...
In re Compensation of Ainsworth - 11/23/2005
Argued and submitted July 25, 2005.
Before Schuman, Presiding Judge, and Brewer, Chief Judge, and Landau, Judge.
Reversed and remanded.
Claimant in this workers' compensation case challenges an administrative rule...
Uber v. Slippery Rock University of Pennsylvania of the State System of Higher Education - 11/23/2005
Clair T. Uber (Uber) appeals an Order of the Court of Common Pleas of Butler County that granted Slippery Rock University of Pennsylvania of the State System of Higher Education's (the University) Motion for Summary Judgment with...
Spivey v. Carolina Crawler - 11/23/2005
Heard October 11, 2005
AFFIRMED IN PART and DISMISSED IN PART
Chris Spivey brought this action against Carolina Crawler, his employer, and Travelers Property and Casualty Co., insurance carrier for Carolina Crawler,...
Caliber Bodyworks - 11/23/2005
CERTIFIED FOR PUBLICATION
The State's labor law enforcement agencies -- the Labor and Workforce Development Agency (LWDA) and its constituent departments and divisions -- are authorized to assess and collect civil penalties for...
Warne v. Chaco - 11/23/2005
Nita Warne appeals the district court decision denying her sexual harassment claims against her former employer. AFFIRMED.
Considered by Zimmer, P.J., and Miller and Vaitheswaran, JJ.
I. Background Facts & Proceedings ...
Holland v. Sheaffer Pen Corp. - 11/23/2005
Larry Holland appeals the district court's ruling affirming the workers' compensation commissioner's decision denying him workers' compensation benefits. REVERSED AND REMANDED WITH DIRECTIONS.
Heard by Mahan, P.J., Hecht, J., and...
Keith v. Plastics - 11/23/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
It is undisputed that the claimant's work-related injury occurred when she was 68 years old and eligible for Social Security retirement benefits. Leaving an argument that...
Lane v. S & S Tire - 11/23/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
Douglas Lane sustained a work-related injury on July 28, 2000, and died of a self-inflicted gunshot wound in March, 2001. Priscilla Lane filed an application for benefits...
Double L Construction - 11/23/2005
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
An Administrative Law Judge (ALJ) determined that an injury to the claimant's eye while performing carpentry resulted in a period of temporary total disability (TTD) that...
Morris v. W.A. Kendall & Co. - 11/23/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Lankford v. Addington Enterprises - 11/23/2005
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Williams v. Wal-Mart Stores - 11/23/2005
TO BE PUBLISHED
AFFIRMING
I. INTRODUCTION
Linda Williams ("Williams") brought suit against Wal-Mart Stores, Inc. ("Wal-Mart") and two individual Wal-Mart management employees. Williams alleged that she had been...
In re McCarty's Case - 11/23/2005
Suffolk.
September 8, 2005
Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.
Workers' Compensation Act, Average weekly wages. Statute, Construction.
This case concerns the proper...
Gilbert v. Municipality of Anchorage - 11/23/2005
NOTICE Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d). Accordingly, this memorandum decision may not be cited for any proposition of law or as an example of the proper resolution of...
Kerns Trucking - 11/23/2005
This is a workers' compensation case. This appeal concerns whether Kathy Whiteside ("the worker") was an employee of Kerns Trucking, Inc. ("the company"), at the time she was injured. Specifically, the issue is whether the company is...
R.S.M. v. State - 11/23/2005
On August 4, 2004, the appellant, R.S.M., pleaded guilty in the Baldwin Juvenile Court to contributing to the delinquency of a minor, a violation of § 12-15-13, Ala. Code 1975. He was sentenced to one year's imprisonment; the sentence...
Squires v. City of Saraland - 11/23/2005
This appeal, transferred from the Supreme Court pursuant to Ala. Code 1975, § 12-2-7(6), concerns whether a municipality may properly require a resident of that municipality who seeks to provide day care for no more than five children...
Waxahachie Independent School District v. Johnson - 11/23/2005
Waxahachie Independent School District (WISD) files this appeal arguing that the trial court erred in denying its plea to the jurisdiction under newly-enacted section 101.106(b) because the plaintiffs, Tim Johnson and Ed White, filed...
In re Malone - 11/23/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
APPROVED FOR PUBLICATION
Argued October 12, 2005
Before Judges Wefing, Fuentes and Graves.
This matter commenced as a disciplinary proceeding...
City of San Antonio v. Summerglen Property Owners Association - 11/23/2005
Sitting: Alma L. Lopez, Chief Justice, Sarah B. Duncan, Justice, Phylis J. Speedlin, Justice.
REVERSED AND DISMISSED
In this interlocutory appeal we consider the issue of whether appellees, a homeowners association and...
Patton v. Harris County Community Supervision and Corrections Dep't - 11/23/2005
This appeal arises from a final judgment dismissing Shawn Patton's Texas Whistleblower Act claims against Harris County Community Supervision and Corrections Department ("HCCSCD"). The final judgment is based on HCCSCD's plea to the...
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