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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Graham v. DaimlerChrysler Corporation - 12/2/2004
(this opn. should precede companion case filed same date, S112943)
In this case defendant offered to repurchase a truck that had been marketed with false statements about its towing capacity. This offer came after a lawsuit...
Clinimetrics Research Associates - 12/2/2004
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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...
Tipton-Whittingham v. City of Los Angeles - 12/2/2004
(this opn. should follow companion case filed same date, S112862)
We granted the request of the United States Court of Appeals for the Ninth Circuit to answer two related questions of law. (Cal. Rules of Court, rule 29.8.) (1)...
Turner v. Industrial Claim Appeals Office of the State of Colorado - 12/2/2004
ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS
Terry L. Turner (claimant) seeks review of a final order of the Industrial Claim Appeals Office (Panel) determining that an injury he sustained while driving home from a...
Division of Child Support Enforcement v. Industrial Claim Appeals Office of the State of Colorado - 12/2/2004
ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS
In this workers' compensation proceeding, the Division of Child Support Enforcement (CSE) seeks review of the final order issued by the Industrial Claim Appeals Office (Panel)...
In re Amendments to the Florida Rules of Workers ' Compensation Procedure - 12/2/2004
Original Proceeding - Florida Rules of Workers' Compensation Procedure
The Florida Bar's Workers' Compensation Rules Committee has filed its regular-cycle report asking this Court to consider amendments to the Florida Rules of...
Malloy v. Madison Forty-Five Co. - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Plaintiff was injured during the course of a demolition project at a building owned by defendant Madison Forty-Five Co. (Madison). At...
In re Claim of Johnson - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 12, 2004
Appeal from a decision of the Workers' Compensation Board, filed...
Tonking v. Port Authority of New York and New Jersey - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
This case involves a dispute over the scope of an indemnification clause in a renovation contract between the owner of a building and...
Gaisor v. Gregory Madison Avenue - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
On Sunday, February 20, 2000 at approximately 7:00 A.M., plaintiff, a journeyman ironworker employed by nonparty subcontractor DCM...
Maza v. University Avenue Development Corp. - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The general contractor was correctly found liable under Labor Law § 200 based on its employee's deposition testimony that it had...
New York City Transit Authority v. New York State Division of Human Rights - 12/2/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Upon the foregoing papers, petitioner New York City Transit Authority (the Transit Authority) seeks a judgment, pursuant to Article 78, (a)...
Medina v. MSDW 140 Broadway Property - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
The window washing rig, which moves around the building on rails, consists of a carriage with five or six permanently affixed metal...
Nash v. City Universit of New York - 12/2/2004
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.
This is the motion of Luke Nash for permission to file...
In re Claim of Feldman - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: November 3, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board,...
In re Claim of Bobian - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: November 3, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board,...
In re Claim of Plotnik - 12/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: November 3, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board,...
CitiFinancial Mortgage Co. - 12/2/2004
{ } Defendants-appellants, Kenneth J. Carson (individually, "defendant") and Janet Carson, appeal from the February 26, 2004 judgment of the Franklin County Court of Common Pleas confirming an arbitration award issued October 16,...
Dinardo v. Workers ' Compensation Appeal Board - 12/2/2004
ORDER
AND NOW, this 2nd day of December, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
State v. Harrison - 12/2/2004
I. Facts
This case arises out of the Defendant's conviction for sexual battery, a class E felony. On June 5, 2003, the Defendant was indicted by the Shelby County Grand Jury on one count of rape, and he pled guilty to sexual...
Union Pacific Railroad Co. v. Loa - 12/2/2004
This is an appeal from a jury verdict in a case arising under the Texas Commission on Human Rights Act ("TCHRA") and claiming damages for the tort of intentional infliction of emotional distress. The jury awarded $800,000 in...
In re Mexican Restaurants - 12/2/2004
Original Mandamus Proceedings
Elizabeth Kamali and Tab Kamali, as next friend of Priscilla Kamali, filed suit against Mexican Restaurants, Inc. d/b/a Casa Ole Restaurant, Diamond Vinson, and Jerry McCord alleging sexual...
Bell v. Schell - 12/2/2004
[ ] These unrelated cases were consolidated for argument on appeal because they involve the same legal issue: the requirements for a valid notice of claim under the Wyoming Governmental Claims Act (the WGCA). In both cases, we affirm...
Preston v. Transportation Insurance Co. - 12/1/2004
Submitted on Briefs: March 27, 2003
Laurie Preston (Preston) appeals the judgment of the Workers' Compensation Court denying her petition to set aside the settlement Preston entered into with Transportation Insurance Company...
DuBois v. Brookdale University Hospital - 12/1/2004
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.
Upon the foregoing papers, defendants The Brookdale...
Valley Rehabilitation and Medical Offices - 12/1/2004
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 printed Official Reports.
ISSUES
Can a medical provider...
Dorf v. Ohio Bureau of Workers ' Compensation - 12/1/2004
MEMORANDUM DECISION
{ } Plaintiff, Michael D. Dorf, an attorney licensed to practice law in Ohio, represented a person identified as Steven Mueller-Null in a Workers' Compensation (claim #00-497251) matter before the Industrial...
Gavrilov v. Slinim - 12/1/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Upon the foregoing papers, defendants Eddie Slinim (Slinim), Advantage Advertising (Advantage), Nora Orezzoli (Orezzoli) and Scott Belodoff...
Selman v. FCB Worldwide Inc. - 12/1/2004
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...
Rodgers v. Lomanco - 12/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Thomas Rodgers brought a workers' compensation claim against appellee Lomanco, Inc., arguing that he sustained a work-related injury to his lower back that entitled him to related medical...
Ramirez v. LDS - 12/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant, Felix Ramirez, appeals the Workers' Compensation Commission's denial of attorney's fees for successfully refuting the employer's motion seeking dismissal for failure to prosecute. We do...
Moody v. Farm Bureau Mutual Insurance Co. - 12/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Billy Joe Moody appeals from the entry of summary judgment in favor of appellees. We dismiss the appeal for lack of a final order.
Moody was hired in 1981 to serve as the Sebastian...
Williams v. Golf Cars of Arkansas - 12/1/2004
This is a one-brief appeal from a default judgment entered against David R. Williams & Associates and Nina Williams. The brief is divided into two parts. Part A is styled Superior Products USA v. Golf Cars of Arkansas, Inc., and...
Glisson v. Rooms to Go - 12/1/2004
WHOLE COURT
Not knowing that she was entitled to receive workers compensation income benefits for time she lost due to a compensable injury, Phyllis Glisson used more than seven weeks of vacation, personal, and sick leave when...
Cooper Tire & Rubber Co. v. Merritt - 12/1/2004
WHOLE COURT
D. K. Merritt, an employee of Georgia Electric Company ("Georgia Electric") who worked at Cooper Tire and Rubber Company's manufacturing plant ("Cooper Tire") pursuant to an independent contractor agreement between...
Nascote Industries v. Industrial Commission - 12/1/2004
PUBLISHED
Nascote Industries (Nascote) appeals from a circuit court order confirming a decision of the Industrial Commission (Commission) awarding temporary total disability (TTD) benefits, permanent partial disability (PPD)...
Lee v. Alton Ochsner Medical Foundation - 11/30/2004
AFFIRMED
This is an appeal by Johnnie Lee, a workers' compensation claimant, from a judgment dismissing his claims for payment of medical expenses incurred, but not paid for, prior to his forfeiture of benefits due to fraud. For...
Chabert v. Mothe Life Insurance Co. - 11/30/2004
AFFIRMED
Plaintiff/Appellant, Kim Chabert, appeals from a trial court ruling which granted summary judgment in favor of defendants, Mothe Life Insurance and Nick Beninate, on the issue of whether Chabert's cause of action...
Perret v. Cytec Industries - 11/30/2004
AFFIRMED
Plaintiffs appeal from a decision of the trial court granting summary judgment in favor of defendants, dismissing their cause of action. For the reasons that follow, we affirm the decision of the trial court.
The...
Payne v. Tonti Realty Corp. - 11/30/2004
REVERSED AND RENDERED
This is an appeal from a jury verdict rendered in favor of plaintiff James R. Payne, Sr. and against Tonti Realty Corporation. For the reasons which follow, we reverse the verdict of the jury and render...
Sequeira v. Sequeira - 11/30/2004
JUDGMENT OF PARTITION OF COMMUNITY PROPERTY AFFIRMED; JUDGMENT DENYING MOTION TO REDUCE CHILD SUPPORT AFFIRMED
Defendant/appellant Louis Sequeira ("Louis") appeals two judgments of the district court, one in the community...
Sims v. Cefolia - 11/30/2004
Chehardy, Clarence E. McManus, and Walter J. Rothschild CHEHARDY, J., CONCURS IN PART; DISSENTS IN PART AND ASSIGNS WRITTEN REASONS.
AFFIRMED.
The plaintiffs, Adam Sims, Sr. and Jacqueline Sims, individually, and on behalf...
Gillies v. 24th Dist. Court - 11/30/2004
UNPUBLISHED
Plaintiff appeals as of right from a circuit court order granting defendant's motion for summary disposition. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Plaintiff...
Miller v. Miller - 11/30/2004
FOR PUBLICATION
I. NATURE OF THE CASE
After unsuccessful efforts to settle this divorce case, the trial court entered a stipulated order for binding arbitration under Michigan's Domestic Relations Arbitration Act ("DRAA"). ...
Huntsman v. Huntsman - 11/30/2004
On appeal after remand in this dissolution dispute, pro se appellant husband argues that (a) the child support magistrate (CSM) lacked jurisdiction to address a cost-of-living adjustment (COLA) where the only county service requested...
Select Personnel Services v. Workers ' Compensation Appeals Board - 11/30/2004
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...
Wallace v. Fashion 21 - 11/30/2004
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...
In re Marriage of Lam - 11/30/2004
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...
Miami-Dade County v. Lovett - 11/30/2004
In this workers' compensation case, the employer appeals the Judge of Compensation Claims' (JCC) order which held that, because Claimant's average current earnings (ACE) were greater than his average weekly wage (AWW), the amount of...
Cooper v. Buddy Freddy's Restaurant and Travelers Insurance Co. - 11/30/2004
In this case, the Judge of Compensation Claims (JCC) denied claimant's petition for impairment benefits under section 440.15(3)(a), Florida Statutes (1999), because claimant had not yet reached maximum medical improvement (MMI) for her...
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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
401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428
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