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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Dorough v. Dorough - 11/23/2004
Sandra Maria Dorough appeals the reduction of her child support payments. She argues the father failed to prove he was neither voluntarily unemployed nor underemployed. We conclude credible evidence supports the trial court's...
Pinney v. Nordstrom - 11/22/2004
The Stranger, a weekly newspaper, published an article about Stacy Pinney's lawsuit against Nordstrom, Inc. and Peter Nordstrom for sexual harassment. The article featured several statements made by a representative of Nordstrom,...
Gibson v. Workers ' Compensation Appeal Board - 11/22/2004
Armco Stainless & Alloy Products (Appellant) appeals by allowance an Order of the Commonwealth Court reversing a decision of the Workers' Compensation Appeal Board (Board). The Board had reversed a decision of a Workers'...
Fries v. Workers ' Compensation Appeal Board - 11/22/2004
Frederick Fries (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the decision and order of the Workers' Compensation Judge (WCJ) granting GE Transportation System's...
Pierce v. Holiday - 11/22/2004
Jack Pierce sued John T. (Jake) Holiday for injuries Pierce allegedly sustained while cutting hay on Holiday's farm. The trial court granted Holiday's Motion for Partial Summary Judgment and later granted Holiday's full summary...
Internal Services Department of the County of Los Angeles v. Civil Service Commission of the County of Los Angeles - 11/22/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Northern California Carpenters Regional Council v. Warmington Hercules Associates - 11/22/2004
CERTIFIED FOR PUBLICATION
This appeal arises from an action for unfair business practices brought by Northern California Carpenters Regional Council (hereafter Carpenters Council) and Cliff Drescher (hereafter collectively...
General Star Indemnity Co. v. Lake Bluff School District No. 65 - 11/22/2004
Plaintiff, The General Star Indemnity Company (General Star), appeals from the trial court's ruling that it had a duty to defend defendants, Lake Bluff School District No. 65 and Mark Van Clay (Lake Bluff), against certain claims...
Schulson v. D'Ancona and Pflaum LLC - 11/22/2004
UNPUBLISHED
We are asked to decide whether a person sued for breach of contract may bring a third-party action for implied indemnity against lawyers who drafted the contract. The trial court held that a theory of implied...
Sanchez v. Santa Ana Golf Club - 11/22/2004
Plaintiff sued Defendant, the Santa Ana Golf Club, Inc., a corporation wholly owned by Santa Ana Pueblo, for wrongful discharge and defamation. Defendant filed a motion to dismiss, arguing that the district court lacked subject...
Aguilar v. Henry Marine Service - 11/22/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 17798/02)
ORDERED that the order is reversed insofar as appealed from, on the law, and...
Titan Indemnity Co. v. Hood - 11/22/2004
NATURE OF THE CASE: CIVIL - CONTRACT
DISPOSITION: REVERSED AND RENDERED - 11/22/2004
EN BANC
. The jury award in this breach of contract case from Copiah County exceeded $82 Million, $80 Million of which was punitive...
Marino v. New York City Off-Track Betting Corp. - 11/22/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 8139/03)
ORDERED that the order is modified, on the law, by deleting the provision...
Bailey v. Montefiore Medical Center - 11/22/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 44608/01)
ORDERED that the order is reversed, on the law, with costs, the motion is...
Kern v. City of Rochester - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the...
Piazza v. Frank L. Ciminelli Construction Co. - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with...
Payne v. J & T Properties - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Appeals from an order of the Supreme Court, Onondaga County (Charles T. Major, J.), entered August 29,...
Morrison v. Cellu Tissue Firm - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
ORDER
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), entered June 25, 2003. The order...
Wescott v. Associated Estates Realty Corp. - 11/19/2004
{ } Appellant, Cathryn L. Wescott, appeals from the March 19, 2003 judgment entry, in which the Lake County Court of Common Pleas granted summary judgment in favor of appellees, Associated Estates Realty Corporation ("AERC"),...
Striefel v. Striefel - 11/19/2004
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
[ ] Edward Charles Striefel appealed and Ann Kathleen Striefel cross-appealed from the judgment entered in their divorce action. We conclude that the trial court's findings of...
Bumbaca v. Township of Edison - 11/19/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 12, 2004
Plaintiff, Bruno Bumbaca, appeals from an order of summary judgment dismissing his complaint against defendants, Township of Edison,...
Ranieri v. Paincare Holdings - 11/19/2004
Ranieri appeals from the trial court's order, which granted PainCare Holdings, Inc.'s (PainCare) motion to dismiss his First Amended Complaint with prejudice. Ranieri sued PainCare, his former employer, after PainCare terminated him...
Manns v. Norstar Building Corp. - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Appeals from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered June 26, 2003....
Partridge v. Waterloo Central School District - 11/19/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered November 14,...
Thompson v. Commonwealth - 11/19/2004
AFFIRMING
The two-year limitations period for filing a workers' compensation claim is necessarily tolled for any person who is mentally incompetent. Albert G. Thompson, a former employee of the state's Transportation Cabinet,...
Lester v. Dags Branch Coal Co. Inc. - 11/19/2004
AFFIRMING
The two-year limitations period for filing workers' compensation claims may be tolled where the employer or its workers' compensation insurance carrier make false representations or fraudulent concealments that lull a...
Estes v. Carpenter Co. - 11/19/2004
1. AFFIRMING DIRECT APPEAL NO. 2003-CA-000090-MR
2. DISMISSING CROSS-APPEAL NO. 2003-CA-000190-MR AS MOOT
Coren Estes appeals following a directed verdict entered in favor of his former employer, Carpenter Company...
Superior Essex Cable v. Price - 11/19/2004
AFFIRMING
Kentucky's Workers' Compensation law provides income benefits for employees disabled by occupational hearing loss. Occupational hearing loss may be classified as either an "injury" or an "occupational disease" and is...
Kimberly-Clark Corp. v. Sawyer - 11/19/2004
On January 9, 1997, Janie Sawyer ("Sawyer"), as the widow and dependent of Bobby Mack Sawyer ("the employee"), sued Kimberly-Clark Corporation, seeking workers' compensation benefits pursuant to ยง 25-5-60, Ala. Code 1975, following the...
Miller and Miller Construction Co. - 11/19/2004
The saga continues. For the fifth time, we are confronted with an appeal in which it is contended that the trial court has erred in determining a claim made by Miller and Miller Construction Company, Inc. ("the employer"), to...
Thrasher v. Carrier Corp. - 11/19/2004
Mr. Larry Thrasher is a 30 year employee of Carrier Corporation, whose job duties required him to stand on his feet for long periods of time. On September 10, 1999, Mr. Thrasher filed a complaint for workers' compensation benefits...
Short v. Community Memorial Hospital - 11/18/2004
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...
Quinn Company - 11/18/2004
THE COURT
Quinn Company (Quinn) petitions for a writ of review contending the decision of the Workers' Compensation Appeals Board (WCAB) awarding Eddie Coble, Jr. (Coble) temporary disability benefits after he retired and...
Brown v. Buster - 11/18/2004
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...
Torres v. U.S.A. Waste of California - 11/18/2004
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...
USF Distribution Services - 11/18/2004
ORDER AFFIRMED
Taubman and Vogt, JJ., concur
In this workers' compensation proceeding, USF Distribution Services, Inc. (USF), and its insurer, Travelers Insurance Company (insurer) (collectively respondent), seek review of...
Pena v. Industrial Claim Appeals Office of the State of Colorado - 11/18/2004
ORDER SET ASIDE AND CASE REMANDED WITH DIRECTIONS
Casebolt and Metzger, JJ., concur
Claimant, Susan Pena, appeals the final order of the Industrial Claim Appeals Office (Panel) reversing the general penalty awarded by the...
American Cold Storage v. Sinegra - 11/18/2004
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...
Kitchen v. City of Brighton - 11/18/2004
UNPUBLISHED
Defendants Brighton Area Fire Authority (BAFA) and Brighton Fire Chief Larry Lane appeal from the trial court's order denying the imposition of sanctions on plaintiff for frivolous actions under MCL 600.2591 and...
Hardaway Co. v. Bradley - 11/18/2004
ON WRIT OF CERTIORARI
NATURE OF THE CASE: CIVIL - WORKERS' COMPENSATION
DISPOSITION: REVERSED AND RENDERED - 11/18/2004
EN BANC.
. Harvey Bradley filed a workers' compensation claim after suffering a...
New Directions Housing Authority v. Walker - 11/18/2004
TO BE PUBLISHED
OPINION OF THE COURT
AFFIRMING
An Administrative Law Judge (ALJ) granted the employer's motion to dismiss the claimant's application for benefits on the ground that she failed to introduce any proof...
Sidney Coal Co. v. Stump - 11/18/2004
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...
Chalcoff v. Project One - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 22, 2004
William Chalcoff died in the course of his employment at the World...
Rodd v. Coram Fire District - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 10, 2004
On March 13, 1993, decedent was killed while performing his duties...
Deich v. City of White Plains - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 19, 2004
Claimant injured his right shoulder in a work-related accident and...
Carroll v. Barbara Brennan - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: October 21, 2004
Claimant was injured after falling at work on September 17, 1996 and...
Davidson v. Ambrozewicz - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 8, 2004
Plaintiff was employed by Pestech Exterminating, Inc., which had...
Buffum v. Syracuse University - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: September 15, 2004
After sustaining work-related injuries to her right arm in 1999,...
Doucoure v. Atlantic Development Group - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered April 8, 2004, which, inter alia, denied plaintiff's motion...
Lantry v. State - 11/18/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND JUDGMENT
Calendar Date: September 7, 2004
Proceeding pursuant to CPLR article 78 (initiated in this Court...
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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
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