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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Faust v. Workers ' Compensation Appeal Board - 12/17/2004
Robert Faust (Claimant) appeals from the order of the Workers' Compensation Appeal Board (Board) which granted the modification petition of Capital City Steel (Employer), and denied his request for costs.
On July 20, 2000,...
Waste Gas Fabricating Co. - 12/17/2004
Waste Gas Fabricating Co., Inc. (Employer) petitions for review of the order of the Unemployment Compensation Board of Review (Board), which adopted and incorporated by reference the Referee's findings and conclusions and affirmed...
In re Estate of Steed - 12/17/2004
Gene E. Steed, a lawyer, prepared his own will several times. At his death, competing applications were filed to probate three different wills. His sons originally filed in Ochiltree County to probate a will dated in 1980. After...
Allstate Insurance Co. v. Vose - 12/17/2004
1. Janet Vose, Jeffrey Vose, and John Finlay, II, acting as legal representative of S.C., a minor, appeal from the trial court's order granting summary judgment to Allstate Insurance Company. The Voses sought insurance coverage after...
In re B.T. - 12/16/2004
Both Father and Mother challenge the trial court's termination of their parental rights. Both parents assert ineffective assistance of counsel claims and challenge the sufficiency of the evidence to support termination. Father also...
Ligon v. Price - 12/16/2004
This is an original action under the Arkansas Supreme Court Procedures Regulating Professional Conduct (Procedures). The Executive Director of the Arkansas Supreme Court Committee on Professional Conduct (Ligon) filed an action for...
Weyrich v. California Dep't of Corrections - 12/16/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Stiles v. Workers ' Compensation Appeal Board - 12/16/2004
ORDER
AND NOW, this 16th day of December 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Cruz v. Workers ' Compensation Appeal Board - 12/16/2004
ORDER
AND NOW, this 16th day of December 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
Canavan v. Lovett - 12/16/2004
This legal malpractice action was instituted against the Providence Law Firm of Lovett, Schefrin and Harnett (the firm) and several other named defendants arising out of a motor vehicle accident that occurred on January 27, 1988. The...
Simpson v. Omnova Solutions - 12/16/2004
Submitted October 1, 2004
AFFIRMED
The appellate panel of the Workers' Compensation Commission issued a default order pursuant to 25A S.C. Code Ann. Regs. 67-709 (2003) affirming the single commissioner's decision that...
Rhodes v. Capital City Insurance Co. - 12/16/2004
Factual Background
Danny Lee Rhodes was born on January 21, 1953. He has an eighth grade education. His entire work history has involved manual labor, predominately in the logging industry.
On June 22, 1998, Mr. Rhodes...
Aust v. Conroe Independent School Dist. - 12/16/2004
Kenneth Aust sued the Conroe Independent School District ("District") alleging the District retaliated against him after he filed a workers' compensation claim. Aust appeals the trial court's grant of summary judgment in favor of the...
Nash v. Blood and Tissue Center of Central Texas - 12/16/2004
In this employment discrimination case, Antonio Nash appeals from the trial court's summary judgment in favor of The Blood and Tissue Center of Central Texas ("BTC"). In three issues, Nash challenges the grant of summary judgment....
Salazar v. Toshiba International Corp. - 12/16/2004
Paula Salazar appeals from a summary judgment favoring Toshiba International Corporation in Salazar's gender discrimination lawsuit against it. In her petition, Salazar alleged several discrimination causes of action. On appeal, she...
Bruno v. Trinity Universal Insurance Co. of Kansas - 12/16/2004
This appeal involves the bench trial of a workers' compensation case in which the trial court found that Charles Bruno ("Charles"), deceased, was not in the course and scope of his employment at the time of his death. In two issues,...
Neufeld v. State Board of Equalization - 12/16/2004
CERTIFIED FOR PUBLICATION
Revenue and Taxation Code section 19714 (hereafter section 19714) provides in pertinent part: "Whenever it appears to the State Board of Equalization or any court of record of this state that proceedings...
Brazier v. City of Rialto - 12/16/2004
1. Introduction
Plaintiff Dennis Brazier appeals the trial court's judgment denying his petition for writ of administrative mandate challenging the final decision of the City of Rialto (City) concerning the termination of his...
Haley v. Talcott - 12/16/2004
Date Submitted: October 28, 2004
Plaintiff Matthew James Haley has moved for summary judgment of his claim seeking dissolution of Matt and Greg Real Estate, LLC ("the LLC"). Haley and defendant Gregory L. Talcott are the only...
Brown v. Cabinet for Families and Children - 12/16/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT.9 CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Westerfield v. Diversified Health Care - 12/16/2004
THIS OPINIONIS 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 NOTBE CITED OR USED AS AUTHORITY INANY OTHER...
Leaseway Motor Co. Transport v. Stump - 12/16/2004
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...
White v. Excel Mining - 12/16/2004
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...
Ford Motor Co. v. Lynn - 12/16/2004
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...
Warrior Coal Co. - 12/16/2004
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
The claimant was injured after he fell asleep at the wheel on his way to work. The accident occurred on a private access road to the defendant-employer's coal mine,...
Case v. Case - 12/16/2004
Suffolk.
October 12, 2004.
Workers' Compensation Act, Recreational activities.
The issue before the Department of Industrial Accidents and this court is whether the employee was engaged in a "purely voluntary"...
City of Bowie - 12/16/2004
Wilner, J., Concurs
This case arises from a Petition for Judicial Review filed by the City of Bowie, Maryland, (hereinafter "City" or "Bowie") petitioner, in the Circuit Court for Prince George's County of the decision of the...
Vance v. Covenant Medical Center - 12/16/2004
UNPUBLISHED
In this wrongful termination case, plaintiff appeals as of right the trial court's entry of a judgment of no cause of action in favor of defendant, following a jury verdict that defendant had just cause to terminate...
In re Ozark - 12/16/2004
UNPUBLISHED
Respondents appeal as of right from the trial court order terminating their parental rights to the minor children under MCL 712A.19b(3)(c)(i), (g), and (j). Because the ADA and PWDCRA did not require any further...
Tidwell v. Walker Construction - 12/16/2004
Opinion Vote: AFFIRMED.
Shrum and Barney, JJ., concur
Opinion:
Gene Tidwell (claimant) appeals a final award of the Labor and Industrial Relations Commission (the commission) denying compensation. This court affirms. ...
Carty v. Port Authority of New York and New Jersey - 12/16/2004
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.
The motion by defendant Port Authority of New York and...
In re Claim of Passari - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: November 18, 2004
Appeals from a decision and an amended decision of the Workers' Compensation...
In re Claim of Duff - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: October 19, 2004
Appeals (1) from a decision of the Workers' Compensation Board, filed September...
In re Claim of Coursey - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: October 13, 2004
Appeal from a decision of the Workers' Compensation Board, filed July 30, 2003,...
In re Claim of Miller - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: November 17, 2004
Appeal from a decision of the Workers' Compensation Board, filed July 23, 2003,...
In re Claim of Adamo - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: November 15, 2004
Appeal from a decision of the Workers' Compensation Board, filed September 4,...
In re Claim of Dinneny - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: October 22, 2004
Appeal from a decision of the Workers' Compensation Board, filed July 3, 2003,...
McLaughlin v. Malone & Tate Builders - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
MEMORANDUM AND ORDER
Calendar Date: October 15, 2004
Appeal from an order of the Supreme Court (Cannizzaro, J.), entered October 29,...
Pataki v. New York State Assembly - 12/16/2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Since 1927, the New York Constitution has provided for executive budgeting. Under this system, the State's budget originates with the Governor, and...
Maracz v. United Parcel Service - 12/16/2004
{ } Defendants-appellants/cross-appellees, United Parcel Service, Inc., Kristy Littlefield, Joseph Perillo and James Grant, appeal the judgment of the Cuyahoga County Common Pleas Court, entered on a jury verdict, awarding...
Foster v. Cleveland Clinic Foundation - 12/16/2004
{ } In 2001, Monica Leon was employed as a nurse at the Cleveland Clinic Foundation (the "Clinic"). On December 1, 2001, her husband, Ricardo Leon, fatally shot her in the lobby of the Clinic. Lewis Foster, as administrator of...
State ex rel Findlay Industries v. Industrial Commission of Ohio - 12/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS
{ } Relator, Findlay Industries, has filed an original action in mandamus requesting this court to issue a writ of mandamus to order respondent, Industrial Commission of Ohio...
State ex rel Asti v. Ohio Dep't of Youth Services - 12/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO MAGISTRATE'S DECISION
{ } Relator, Tony Asti, filed this original action in mandamus. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District Court of...
State ex rel Park Poultry - 12/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO THE MAGISTRATE'S DECISION
{ } Relator, Park Poultry, Inc., has filed this original action requesting that this court issue a writ of mandamus ordering respondent...
State ex rel Lambert v. Pike County Community Action Agency - 12/16/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO THE MAGISTRATE'S DECISION
{ } Relator, Cavin J. Lambert, has filed this original action requesting that this court issue a writ of mandamus ordering respondent...
Eddy v. Workers ' Compensation Appeal Board - 12/16/2004
Thomas Eddy (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming a decision of a workers' compensation judge (WCJ) denying the claim petitions filed by Claimant pursuant to the...
Kobak v. Workers ' Compensation Appeal Board - 12/16/2004
Ronald Kobak appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a workers' compensation judge (WCJ) dismissing Kobak's claim petition. Kobak questions whether the Board erred in...
United Parcel Service - 12/15/2004
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...
Waste Management and Transportation Insurance Co. v. Estridge - 12/15/2004
Appellants, Waste Management and Transportation Insurance Company, have filed a motion for rule on the clerk, seeking an order directing the clerk to docket the record tendered in connection with this appeal. The facts giving rise to...
J.D. & Billy Hines Trucking - 12/15/2004
J.D. & Billy Hines Trucking, Inc., appeals a January 23, 2004, decision of the Workers' Compensation Commission that awarded benefits to Danny Hebert, a former short-haul driver for the company. The Commission's decision reversed...
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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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