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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F.F.P. Operating Partners - 9/3/2004
Argued on March 5, 2003
JUSTICE O'NEILL delivered the opinion of the Court, in which CHIEF JUSTICE PHILLIPS, JUSTICE JEFFERSON, JUSTICE SCHNEIDER, and JUSTICE SMITH joined.
JUSTICE OWEN filed a dissenting opinion, in which...
State v. Green - 9/3/2004
On Certification from the Utah Court of Appeals
A jury convicted Thomas Green of criminal nonsupport and four counts of bigamy. Green appeals his bigamy convictions. He asserts that they violate the Free Exercise Clause of the...
Hudon v. West Valley School District No. 208 - 9/2/2004
This is an equal pay act dispute. A school district paid its female director of child nutrition services less than its male director of maintenance for equal work. This despite the fact that both had received equal pay for 10 years....
McAlpin v. Thyssen Krupp Elevator MFG. - 9/2/2004
The employee or claimant, Ms. McAlpin, initiated this civil action to recover workers' compensation benefits for a work-related injury. The employer, Thyssen Krupp Elevator Manufacturing, Inc., admitted liability, but questioned the...
State ex rel Fenner v. Industrial Commission of Ohio - 9/2/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Lyle Fenner, has filed this original action requesting that this court issue a writ of mandamus ordering respondent...
State ex rel Borden - 9/2/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
.Relator, Borden, Inc. (hereinafter "relator"), filed this original action in mandamus requesting this court issue a writ of mandamus...
Desert Valley Construction and Employers Insurance Co. of Nevada v. Hurley - 9/2/2004
Desert Valley Construction and Employers Insurance Company of Nevada (EICN) appeal from an order denying their petition for judicial review of a workers' compensation award in favor of respondent Keith Hurley. We affirm. ...
Hickman v. Continental Baking Co. - 9/2/2004
Factual and Procedural Background
On July 4, 1994, David Hickman, an employee of Continental Baking Company ("Continental"), was attempting to free a jammed dough control conveyor when he sustained an injury to his cervical...
People v. Cruz - 9/2/2004
INTRODUCTION
Appellant Efrain Ornelas Cruz was convicted of felony false imprisonment, felony criminal threats, misdemeanor exhibiting a deadly weapon, and misdemeanor child endangerment, and sentenced to 36 years to life,...
Westrom v. Minnesota Dep't of Labor and Industry - 9/2/2004
These consolidated appeals arise out of two separate actions that seek damages pursuant to the Minnesota Government Data Practices Act (MGDPA), Minn. Stat. §§ 13.01-.99 (2002). They are based on the release to the news media by...
Priestly v. Montefiore Medical Center/Einstein Medical Center - 9/2/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered on or about February 6, 2004, which, to the extent appealed from...
Walser v. Ohio University - 9/2/2004
DECISION
{ } Plaintiff brought this action against defendant alleging the following claims: 1) discrimination in violation of the Americans with Disabilities Act (ADA); 2) violations of the Family Medical Leave Act (FMLA); 3) age...
Sidenstricker v. Miller Pavement Maintenance - 9/2/2004
.Plaintiff-appellant, James A. Sidenstricker II, appeals from a judgment of the Franklin County Court of Common Pleas, entered on remand, in favor of defendant-appellee, Miller Pavement Maintenance, Inc., on (1) plaintiff's claim of...
Esters v. Daimlerchrysler Corp. - 9/1/2004
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-plaintiff, Buddy Esters, appeals the judgment of the...
Birchfield v. Rubbermaid - 9/1/2004
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, David Birchfield, appeals from an order of the...
Mole v. University of Massachusetts - 9/1/2004
Suffolk.
November 6, 2003.
Civil Rights, Termination of employment. Employment, Discrimination, Retaliation, Termination. Anti-Discrimination Law, Termination of employment, Prima facie case. Public Employment, Termination....
One Beacon Insurance Co. v. Hughes - 9/1/2004
In August 1994, while employed as a truck driver for Gemi Trucking Company, Charles Hughes was involved in a single vehicle accident which rendered him a quadriplegic. Gemi Trucking and its insurer, One Beacon Insurance Company...
Lloyd v. Drake University - 9/1/2004
Security guard appeals dismissal of wrongful discharge, defamation, and fraudulent misrepresentation claims against employer. AFFIRMED.
A Drake University security guard tried to forcibly subdue a black football player at a...
Linton v. Arkansas Department of Correction - 9/1/2004
Appellant Jimmy Linton appeals the Workers' Compensation Commission's ("Commission") decision affirming and adopting the Administrative Law Judge's ("ALJ") findings and denying him compensation on the basis that he failed to prove by a...
SDS Transportation Services - 9/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant SDS Transportation appeals an award of workers' compensation benefits to appellee Joseph Garrett, a former truck driver for the company. The Workers' Compensation Commission based its...
Lansdell v. Georgia Pacific - 9/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant, Alvin R. Lansdell, appeals from the Workers' Compensation Commission's denial of benefits upon finding that appellant failed to prove by a preponderance of the evidence that he sustained...
Tidwell v. Four Thirteen - 9/1/2004
NOT DESIGNATED FOR PUBLICATION
Appellant James Tidwell appeals the decision of the Arkansas Workers' Compensation Commission, which reversed the Administrative Law Judge's (ALJ's) decision, finding that he failed to establish by...
Allensworth Transmissions v. Rodgers - 9/1/2004
NOT DESIGNATED FOR PUBLICATION
The appellee in this workers' compensation case, Johnny Rodgers, was employed by appellant on February 28, 2002. On that day, appellee became involved in a fight with a co-worker. Appellee...
Arkansas Electric Cooperative v. Ramsey - 9/1/2004
John Ramsey worked for appellant Arkansas Electric Cooperative. While cutting a tree on May 22, 2001, Ramsey sustained severe injuries that ultimately led to his death. His wife, appellee Leigh Ramsey, sought benefits. The...
Capers v. Nunn - 9/1/2004
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Wolford v. Ace Trucking Inc. - 9/1/2004
The employee or claimant, Michael Ray Wolford, initiated this civil action against the employer, Ace Trucking, Inc., to recover workers' compensation benefits for a job-related back injury that occurred on July 14, 2000. The Second...
Bartman - 9/1/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
Plaintiffs William Bartman ("Bartman") and Art Resources Transfer, Inc. ("ART") filed a complaint against defendants Gregg L....
Bifalco v. Workers ' Compensation Appeal Board - 9/1/2004
Debra Bifalco (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board), reversing the decision of the Workers' Compensation Judge (WCJ), granting Claimant's claim petitions. We now reverse. ...
Prince v. Workers ' Compensation Appeal Board - 9/1/2004
Curtis Prince (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) denying his claim petition because he was not injured in the course and...
Ajayi v. Jatoft-Foti Insurance Agency - 8/31/2004
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...
Fidelity Express Network - 8/31/2004
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...
Fair v. Bakhtiari - 8/31/2004
CERTIFIED FOR PARTIAL PUBLICATION
Plaintiff R. Thomas Fair appeals the trial court's denial of his motion to compel arbitration. The motion was based on an arbitration clause in a document that was signed at the conclusion of...
Mele v. City of Hartford - 8/31/2004
The dispositive issue in this appeal is whether there is sufficient evidence in the record to support the determination of the workers' compensation commissioner for the first district (commissioner) that the defendant discriminated...
Commission on Human Rights and Opportunities v. Board of Education of the Town of Cheshire - 8/31/2004
The principal issue in these two appeals is whether the commission on human rights and opportunities has subject matter jurisdiction pursuant to General Statutes § 46a-58 (a), to adjudicate a claim of racial discrimination brought by...
Cheryl Terry Enterprises - 8/31/2004
In Cheryl Terry Enterprises, Ltd. v. Hartford, 262 Conn. 240, 242, 811 A.2d 1272 (2002), the plaintiff, Cheryl Terry Enterprises, Ltd., appealed from the judgment of the trial court setting aside the jury's verdict for the plaintiff...
Mariculture Products Ltd. v. Those Certain Underwriters at Lloyd's of London Individually Subscribing to Certificate No. 1395/91 - 8/31/2004
In this protracted insurance claim dispute that arose after Hurricane Bob hit the coast of Maine in 1991, we are asked to interpret and apply Maine insurance law. The defendants, Those Certain Underwriters at Lloyd's of London...
Scotty's Hardware - 8/31/2004
Appellants, Scotty's Hardware, Inc. and United Self Insured Services, Inc. (E/C), appeal from a final workers' compensation order granting retroactive attendant care benefits to appellee, Benjamin Northcutt (claimant). Because the...
Dixie Growers - 8/31/2004
Eriberto Mendez, a Florida workers' compensation claimant, filed a petition for benefits which sought authorization of a Spanish-speaking psychiatrist for his evaluation and treatment. Later, Mendez moved for an independent medical...
Cromartie v. City of St. Petersburg - 8/31/2004
In this workers' compensation case, the claimant seeks review of an order denying his petition requesting psychological and/or psychiatric care. Because we agree with the claimant that the record does not contain competent and...
Smith v. Del Webb Corporation - 8/31/2004
NOT TO BE PUBLISHED
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 977(b). This opinion has...
Buckhorn v. St. Jude Heritage Medical Group - 8/31/2004
Defendants St. Jude Heritage Medical Group (Medical Group) and St. Jude Heritage Health Foundation (Health Foundation) appeal from an order denying their motions to compel arbitration in a wrongful termination action filed by Carl...
In re Davidson - 8/31/2004
Disciplinary Action
The Disciplinary Commission has charged the respondent, Clifton Bruce Davidson, Jr., with six counts of attorney misconduct. Specifically, the Commission alleges that clients hired the respondent to represent...
Jones v. Gilbert Southern Corp. - 8/31/2004
REVERSED IN PART, AMENDED IN PART, AND AFFIRMED AS AMENDED
The Defendant, Gilbert Southern Corporation, appeals from a workers' compensation judgment in favor of the Plaintiff, Sidney Jones. We reverse in part, amend in part, and...
Koszegi v. Erickson - 8/31/2004
Reporter of Decisions
Submitted On Briefs: May 27, 2004
[ ] Donald A. Erickson Jr. appeals from post-judgment orders entered by the District Court (Caribou, Griffiths, A.R.J.), which (1) modified primary residence of a...
Joliet v. Pitoniak - 8/31/2004
UNPUBLISHED
Defendants appeal by leave granted the trial court's order denying their motion for summary disposition, and concluding that the statute of limitations did not bar plaintiff's claims of age and gender discrimination,...
Architectural Heritage Association v. County of Monterey - 8/31/2004
Petition for rehearing denied September 30, 2004
CERTIFIED FOR PUBLICATION
Opinion ordered published September 30, 2004.
This appeal presents a challenge to the adoption of a mitigated negative declaration under CEQA,...
Haislar v. Haislar Construction Co. - 8/31/2004
Opinion Vote: DISMISSED. Crahan and Norton, JJ., concur.
Opinion:
Michael Haislar (Claimant) appeals the Labor and Industrial Relations Commission's decision denying his application for review. Because Claimant's...
Ruhd v. Liberty Northwest Insurance Corp. - 8/31/2004
Argued: March 24, 2004
Submitted: April 27, 2004
Appellants/Intervenors, Fisch, Frost, and Rausch, and their respective counsel, Mr. Monte Beck, Mr. Stephen Roberts, and Mr. Lon Dale, appeal a decision of the Workers'...
In re Application for Disciplinary Action Against McGuire - 8/31/2004
Application for disciplinary action.
SUSPENSION ORDERED.
[ ] This is a disciplinary proceeding against Michael O. McGuire, Judge of the District Court for the East Central Judicial District. We conclude there is clear and...
Baucom v. Drivers Management - 8/31/2004
I. INTRODUCTION
Drivers Management, Inc. (DMI), appeals from an order of the Nebraska Workers' Compensation Court awarding Antonio Fernandez Baucom benefits for an injury incurred on November 6, 2000. DMI argues that the trial...
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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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