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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Goh v. American President Lines - 5/2/2005
When a terminated employee agrees to release the employer from all claims arising from employment in exchange for severance payments, the release bars the employee from pursuing a discrimination claim unless it is shown to be invalid...
Nacaroglu v. D. B. Kelly Associates - 4/30/2005
DECISION OF THE APPELLATE DIVISION
This matter is before the Appellate Division pursuant to an order issued to the parties to show cause why the appeal should not be summarily decided on the grounds that the issue on appeal...
Ely v. Deroyal Industries - 4/29/2005
Facts
On September 10, 1997, Wanda Ely filed her complaint for workers' compensation benefits alleging occupational asthma.
Ms. Ely first suffered from asthma as a child and later began having additional problems with her...
Warner v. Potts - 4/29/2005
The employee-appellant, Robert Warner, initiated this civil action to recover workers' compensation benefits arising out of a November 1, 2001, accident in which he fell from a roof, sustaining severe injuries. The issue presented...
Pillers v. Josten's Printing & Publishing - 4/29/2005
The employee-appellant, Margie Pillers, initiated this civil action to recover workers' compensation benefits for a work-related injury consisting of an exposure rash to her forearms. The only issue presented for trial was the extent...
In re J.P. Morgan Chase & Co. - 4/29/2005
I.
In 2004, two banks agreed to a business combination that was expected to create the second largest financial institution in the country. One bank paid a premium over the market share price for the other bank, effectively...
Cintas Corp. No. 2 v. Schwalier - 4/29/2005
This is an appeal from a non-final order denying a motion to compel arbitration. We conclude that the employment contract containing the arbitration clause was valid and enforceable and therefore hold that the trial court erred in...
Fort James Operating Co. - 4/29/2005
This is the third time that these parties have been before this court.
Originally, after ore tenus proceedings, the trial court found William F. Irby, Jr., to be permanently, totally disabled and awarded benefits accordingly....
Bryant v. State - 4/29/2005
On Return to Remand
The appellant, Jerry Devane Bryant, was convicted of murder made capital because it occurred during a kidnapping in the first degree. See § 13A-5-40(a)(1), Ala. Code 1975. In accordance with the jury's...
Comegys v. Generations Home Care - 4/29/2005
Clara Comegys ("the claimant") has filed this appeal from a decision of the Industrial Accident Board ("the Board"). In its decision, the Board determined that the claimant's weekly wages, calculated pursuant to 19 Del. C. § 2302,...
Westinghouse Electric Corp. v. Workers ' Compensation Appeal Board - 4/28/2005
Petitioners Westinghouse Electric Corporation (Employer) and Gates McDonald & Company petition for review of an order of the Workers' Compensation Appeal Board (Board), dated August 26, 2004, which affirmed a decision and order...
Williamson v. A.O. Smith Corp. - 4/28/2005
This workers' compensation case involves the award of permanent and total disability benefits to the employee and the apportionment of those benefits between her employer and the Second Injury Fund.
Background
Alice...
Troglen v. Troglen - 4/28/2005
Procedural History and Background
Stephanie Ann Troglen and Vincent Lamar Troglen were married in Hamilton County, Tennessee on October 10, 1993. There was one child born of this marriage, Madison Nicole Troglen (d.o.b....
Rodriguez v. U.S. Security Associates - 4/28/2005
Appellant Steve Rodriguez, third-party defendant below, brought cross-claims against appellee U.S. Security Associates, Inc. (USSA) and others who allegedly represented to his health care providers that he was an employee of USSA...
Herchman v. DP Solutions - 4/28/2005
Rebecca Herchman initially filed suit against DP Solutions, Inc. and DP Solutions Software and Consulting, Inc., under premises liability for injuries allegedly sustained while working at her employer's premises when she tripped,...
Silsbee Hospital - 4/28/2005
In this case, an employee of a nonsubscriber to workers' compensation insurance voluntarily elected to participate in an employee benefit plan that provided specified benefits in lieu of a common law remedy. The employer, Silsbee...
Brady v. Worker's Compensation Appeal Board - 4/27/2005
James Brady, D.C. (Provider) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed a decision of the Workers' Compensation Judge (WCJ) denying Provider's petition for review of utilization...
Cortina v. State - 4/27/2005
Claimant, Gladys Cortina, challenges a final order of the Judge of Compensation Claims (JCC) denying benefits. Claimant raises three issues on appeal: 1) whether the JCC erred by finding that no dispute existed for which appellant was...
FCCI Insurance Co. v. Cayce's Excavation - 4/27/2005
FCCI Insurance Company (FCCI) and the Florida Employers Insurance Service Corporation (FEIS) challenge the final summary judgment entered in favor of Cayce's Excavation, Inc., which required FCCI and FEIS to pay Cayce's the sum of...
Cloverleaf Express v. Fouts - 4/27/2005
Appellee Lyle Fouts suffered a cardiac episode on December 15, 2000, while employed by appellant Cloverleaf Express. In an opinion entered on February 20, 2002, the administrative law judge (A.L.J.) found that appellee failed to...
Phillips v. Alpharma - 4/27/2005
NOT DESIGNATED FOR PUBLICATION
The appellant is the estate of an employee who was killed in an explosion while employed by appellee Alpharma Animal Health Co., Inc. (Alpharma Animal). Alpharma Animal is an Arkansas corporation....
Roach v. Dolgencorp - 4/27/2005
NOT DESIGNATED FOR PUBLICATION
Appellant Hazel Roach appeals from a decision of the Arkansas Workers' Compensation Commission (Commission) denying her claim for benefits. On appeal, she asserts that the Commission's finding that...
Taylor v. B & B Disposal - 4/27/2005
NOT DESIGNATED FOR PUBLICATION
Appellant, Clarence Taylor, was employed by appellee B&B Disposal when he had an on-the-job, motor-vehicle accident on November 15, 2001. The other appellee in this case is Zenith Insurance...
Buchanan v. Director of Arkansas Employment Security Dep't - 4/27/2005
In this unbriefed employment security case, Sanford Buchanan appeals the Board of Review's denial of his claim for unemployment benefits. The Board determined that appellant was not eligible for benefits because he did not have...
Collins v. Los Angeles County Office of Education - 4/26/2005
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...
Carpenter v. Jack in the Box Corporation - 4/26/2005
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...
Agee v. A.H. Robins Co. - 4/26/2005
Helen L. Agee appeals a decision of the Workers' Compensation Commission finding that she failed to sustain her burden of proving she was entitled to an award of permanent total disability benefits. We have reviewed the record and...
Wellborn v. Spurwink/Rhode Island - 4/25/2005
The defendant, Spurwink/Rhode Island, appeals from a Superior Court judgment in favor of the plaintiff, Angelina M. Wellborn. Spurwink argues that the trial justice should have granted its motion for judgment as a matter of law...
Asplundh Tree Expert Co. v. Pacific Employers Insurance Co. - 4/22/2005
In this appeal, we consider whether the chancellor erred in determining that the trial court retained jurisdiction in a pending declaratory judgment action brought by an insurer to determine its obligations under its business motor...
Catholic Cemeteries v. RI Laborers Dist. Council - 4/22/2005
DECISION
Before this Court is an arbitrator's reinstatement of an employee who was terminated by his employer for making a series of threats of violence and intimidation directed at his supervisors during an unexplained eight...
DeNardo v. Calista Corp. - 4/22/2005
No. 5890
BRYNER, Chief Justice, dissenting.
I. INTRODUCTION
Plaintiff filed three state and federal lawsuits against his former employer. After the first two actions were dismissed, the superior court dismissed his...
Clements v. Workers ' Compensation Appeal Board - 4/22/2005
Theresa Clements (Claimant) petitions for review of an August 5, 2004 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) granting the petition to terminate...
People v. Lassek - 4/21/2005
SENTENCE AND ORDER AFFIRMED
Graham and Ney, JJ., concur
Defendant, Hilary Lassek, appeals the sentence imposed and restitution order entered following his guilty plea to leaving the scene of an accident involving death, §...
In re A.J.J. - 4/21/2005
In this child support modification case, Robert Paul J. appeals from an adverse judgment for Jean Zanker J. In three issues, Robert contends that the trial court abused its discretion by denying his request to reduce his child...
Fritts v. Safety National Casualty Corp. - 4/21/2005
Connie Fritts was thirty-nine years old at the time of trial. She completed eight years of education and has no special job training or skills. Her employment history includes working as a presser and clipper in a sewing factory, as...
Hayes v. First Source Furniture Group - 4/21/2005
I. Factual Procedural Background
Randy Lee Hayes ("Mr. Hayes") worked for First Source Furniture Group ("First Source") and its predecessor from 1983 until December of 2002. At all times relevant to these proceedings Travelers...
Waters v. Statewide Maintenance - 4/21/2005
Submitted: January 14, 2005
ORDER
Arthur Waters ("Claimant"), appeals a decision of the Industrial Accident Board ("the Board"), terminating Claimant's total disability benefits. Because the Court finds that the Board...
Rodriguez v. McCabe Union School District - 4/21/2005
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...
Naslund v. Industrial Commission of Arizona - 4/21/2005
AWARD SET ASIDE
Arizona Revised Statutes ("A.R.S.") section 23-1044(A) (Supp. 2004) was amended in 1999 to require that "fifty per cent of retirement and pension benefits received from the insured or self-insured employer...
In re Starflite Management Group - 4/21/2005
Relator, StarFlite Management Group, Inc., d/b/a/ StarFlite Aviation ("StarFlite"), has filed a petition for writ of mandamus alleging an abuse of discretion by the trial court in the signing of a discovery order that granted the...
Forbes v. ABM Industries - 4/21/2005
Cheryl Forbes sued American Building Maintenance (ABM) for employment sex discrimination, creating a hostile work environment, and retaliation. A jury awarded her $4 million. On appeal, ABM's contentions include the trial court erred...
Brown v. Zimmerman - 4/20/2005
Medina Evelina Littlejohn Brown is the ex-wife of Samuel Mort Zimmerman who is the founder and President of Interfederal Capital, Inc. She appeals the judgment rendered by the trial court on the jury verdict awarding Interfederal...
King v. Tri-City Medical Center - 4/20/2005
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...
State v. Shinall - 4/20/2005
The State of Florida seeks review of a trial court order denying all restitution after appellee David Shinall entered a plea of no contest to workers' compensation insurance fraud and agreed to pay restitution as determined by the...
Woolf v. Woolf - 4/20/2005
ON MOTION FOR REHEARING AND MOTION FOR REHEARING EN BANC
We deny Cynthia R. Woolf's motion for rehearing and motion for rehearing en banc. However, we withdraw our previous opinion and substitute this opinion in its place. ...
Glasco v. Specialty Laboratories - 4/19/2005
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...
Khan v. HMC Group - 4/19/2005
Mohammed Arif Khan, the plaintiff in this employment discrimination action, appeals from a summary judgment in favor of the defendants -- HMC Group, Inc., his former employer; and Laura Amiri, his former supervisor.
We will...
Walborn v. City of Chino - 4/19/2005
Plaintiff and appellant Rozanne Walborn (Walborn) appeals from an order dismissing her complaint for workplace harassment following a successful demurrer by defendant and respondent City of Chino (city or defendant). We affirm,...
Spears v. Walgreens - 4/19/2005
I. INTRODUCTION
Plaintiff Violetta Spears appeals from judgment following the granting of motions for summary judgment in favor of defendants Walgreens, Inc., her employer, and Steven Berchenko, her former supervisor. She...
Mendoza v. Town of Ross - 4/19/2005
CERTIFIED FOR PARTIAL PUBLICATION
I. Introduction
Appellant Peter T. Mendoza (Mendoza) sued the respondents Town of Ross (the Town) and David Fairbrother, its former director of public safety, for wrongful termination in...
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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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