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.
Page
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
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
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
Hann v. Perkins Township - 6/30/2004
DECISION AND JUDGMENT ENTRY
. Rebecca Hann appeals the decision of the Erie County Court of Common Pleas to grant a directed verdict to Perkins Township Board of Trustees and Timothy R. McClung, Chief of Perkins Township Police...
State v. Jackson - 6/30/2004
DECISION AND JUDGMENT ENTRY
. This is an appeal from a judgment of the Huron County Court of Common Pleas which, following the entry of a no contest plea, sentenced appellant, Kenneth A. Jackson, to a term of imprisonment. For...
Fillmore v. Brush Wellman - 6/30/2004
DECISION AND JUDGMENT ENTRY
Richard Fillmore, Terry Jacobs, Steven Musser, Ralph Whitaker, and Richard Knauss, Sr. appeal the decision of the Ottawa Court of Common Pleas to dismiss their complaint. Because we conclude that...
Nova v. State Farm Mutual Automobile Insurance Co. - 6/30/2004
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:
Appellants, Thomas Nova III and Sherri Nova, appeal from the...
ABF Freight Systems - 6/30/2004
ABF Freight Systems, Inc. (Employer) and Paula M. Klinger (Claimant) cross-petition for review of the October 21, 2003 order of the Workers' Compensation Appeal Board (Board) that affirmed the January 29, 2003 order of the Workers'...
Jones v. Cracker Barrel Old Country Store - 6/30/2004
I. Factual Background
Ronald E. Jones, the employee, was forty-six years old when this cause was tried. He left high school in the eleventh grade, has no general equivalency diploma and has no other formal training or...
Brown v. Purodenso Co. - 6/30/2004
Ms. Eva Brown was 45 years old at the time of trial. She has worked in factories since graduating from high school in 1975. She is divorced and the mother of 2 children over the age of 18. In October of 1996 she began working for...
Ballinger v. Decatur County General Hospital - 6/30/2004
FACTS
The facts of this case are not in dispute. On November 16, 1999, Employee entered a joint petition for approval of a settlement of her workers' compensation claim relating to a low back injury that occurred while she was...
Air Force Village Foundation - 6/30/2004
REVERSED AND REMANDED
Air Force Village II ("AFV") appeals from the trial court's modification of the arbitrator's award, arguing that the trial court had no authority to modify the arbitrator's award. We agree and reverse the...
General Shelters of Texas - 6/30/2004
Allen Hicks, Appellee, sued his employer, General Shelters of Texas, Ltd., and two of its affiliates, Fred Wulf Management, L.L.C., and James Campbell Management, L.L.C., Appellants (collectively, GST), for damages proximately caused...
Hutchinson Technology - 6/30/2004
Oral Argument: April 27, 2004
Concurred: SYKES, J., concurs (opinion filed). WILCOX, J., joins concurrence.
Dissented: ROGGENSACK, J., dissents (opinion filed). PROSSER, J., joins dissent.
REVIEW of a decision of the...
Virginia Employment Commission/Commonwealth of Virginia v. Hale - 6/29/2004
The Virginia Employment Commission/Commonwealth of Virginia (employer) appeals a decision of the Workers' Compensation Commission awarding disability compensation and medical benefits to Rhonda Hale (claimant). On appeal, employer...
Manola v. Fairfax County School Board - 6/29/2004
Susan Elaine Manola (claimant) appeals a decision of the Workers' Compensation Commission finding that she failed to prove the medical treatment rendered by Dr. Stephen M. Levin from November 2000 through July 16, 2001, constituted...
Perdue Farms - 6/29/2004
Perdue Farms, Inc., (employer) appeals a decision of the Workers' Compensation Commission holding that the carpal tunnel syndrome of former employee Robert S. Thomas (claimant) was causally related to his compensable injury by...
Alberte v. Anew Health Care Services - 6/29/2004
. Lisa K. Alberte appeals from an amended judgment entered following the trial court's refusal to include in that amended judgment her reasonable attorney's fees following acceptance by Anew Health Care Services, Inc., of her offer to...
Beecher v. Labor & Industry Review Commission - 6/29/2004
Oral Argument: January 15, 2004
ABRAHAMSON, C.J., concurs (opinion filed). BRADLEY, J., joins concurrence. BRADLEY, J., concurs (opinion filed).
REVIEW of a decision of the Court of Appeals. Affirmed.
. In this case...
[W] Coastal Terminal Operators v. Essex Crane Rental Corp. - 6/29/2004
This is a breach-of-contract case in which an equipment lessor was awarded summary judgment against the equipment lessee and its president, whom the equipment lessor claimed was liable under a personal guaranty. We find that the...
Silvestri v. Workers ' Compensation Appeal Board - 6/29/2004
Michael Silvestri (Claimant) worked as a union carpenter and received an assignment from Stephey Contracting (Employer). In the course and scope of his employment on October 7, 1993, Claimant fell from a ladder at a height of about...
Scalice v. Pennsylvania Employees Benefit Trust Fund - 6/29/2004
1 This is an appeal from the March 12, 2003 Order granting summary judgment and/or judgment on the pleadings in favor of the defendant/appellee, Pennsylvania Employees Benefit Trust Fund (PEBTF), dismissing plaintiff/appellant Robert...
State ex rel Markus v. Industrial Commission of Ohio - 6/29/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTION TO THE MAGISTRATE'S DECISION
.Relator, Christine Markus, has filed an original action requesting that this court issue a writ of mandamus ordering respondent,...
Kerbyson v. Kerbyson - 6/29/2004
DECISION AND JUDGMENT ENTRY
. This is an appeal from a Washington County Common Pleas Court judgment that modified the child support obligation of Brian J. Kerbyson, plaintiff below and appellee herein. Nora G. Kerbyson,...
Deanda v. AIU Insurance - 6/29/2004
__ P.3d __
CERTIFIED QUESTION OF LAW FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA
The United States Court for the Northern District of Oklahoma certified the following question pursuant to...
State ex rel Advantage Tank Lines v. Industrial Commission of Ohio - 6/29/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Advantage Tank Lines, filed this original action in mandamus. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District...
Serrano v. 432 Park South Realty Co. - 6/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered January 30, 2004, which, to the extent appealed from, inter...
In re Weiner (N.Y.App.Div. 06/29/2004)
[1]
NEW YORK SUPREME COURT - 6/29/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
M-939
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department....
Thomas and King - 6/29/2004
AFFIRMED
Thomas and King, Inc. ("T&K;) appeals from the superior court's judgment affirming the City of Phoenix Development Advisory Board's ("Board") denial of T&K;s Application for Modification from the Construction...
Opong-Mensah v. Stracener - 6/29/2004
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...
Gordon v. Pacific Component Xchange - 6/29/2004
Plaintiffs and cross-defendants (collectively appellants) Dana Gordon and California D & S Technologies (D & S) appeal from an order denying a motion for summary adjudication, and following a subsequent bench trial, a...
Nationwide Mutual Insurance Co. v. Allen - 6/29/2004
The defendants, James Allen, doing business as Allen Landscaping, and William Shaw, appeal from the declaratory judgment rendered by the trial court in favor of the plaintiff, Nationwide Mutual Insurance Company. The defendants claim...
Hill v. State Employees Retirement Commission - 6/29/2004
Under specified circumstances, General Statutes ยง 5-192p authorizes the state employees retirement commission (commission) to grant a disability retirement pension to a person in state service. An applicant who has been in state...
[T] Flax v. State - 6/29/2004
Submitted: April 2, 2004
ORDER
This 29th day of June 2004, upon consideration of the parties' briefs and the record below, it appears to the Court that:
(1) The appellant, William Flax, filed this appeal from the...
Montgomery Insurance v. Deyo - 6/29/2004
In this workers' compensation case, the employer and carrier seek review of a final order directing them to reimburse the claimant for the cost of a new "handicap-accommodated" van. Based upon Caron v. Systematic Air Services, 576 So....
Walker v. J.P. and Sons Incorporated - 6/29/2004
AFFIRMED
The plaintiffs, Mary Walker, Michael Walker, Kimberly Klein and Christopher Walker, appeal from the trial court's ruling granting summary judgment in favor of Gray Insurance Company, Michael Shields, J.P. & Sons...
Wunderlin v. Western Michigan University Board of Trustees - 6/29/2004
UNPUBLISHED
Plaintiff appeals by right from a judgment dismissing plaintiff's wrongful discharge and due process claims after defendant moved for summary disposition pursuant to MCR 2.116(C)(8) and (C)(10). We affirm.
This...
Woolley v. Panek - 6/29/2004
This is an appeal from a district court judgment dismissing appellant's complaint for lack of subject-matter jurisdiction and, in the alternative, granting respondent's motion for summary judgment. The action arose out of...
Peterson v. Camilia Rose Convalescent Center - 6/29/2004
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed March 17, 2004,...
Schmidt v. Arrowhead Electric - 6/29/2004
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed March 12, 2004,...
DeGraw v. Zenith Exteriors - 6/29/2004
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed March 8, 2004,...
Publicover v. Voltelcon - 6/29/2004
Considered and decided by the court en banc.
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed March 12, 2004,...
Hugill v. Benton County - 6/29/2004
ORDER
Based upon all the files, records and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed March 10, 2004, be, and the same is, affirmed without opinion. See...
Production Resource Group - 6/29/2004
Appellant Thomas J. Van Hercke challenges the district court's decision (1) granting respondents' motion for summary judgment; (2) dismissing appellant's counterclaims; and (3) awarding damages to respondents. Respondents Production...
Peters v. Montana State Fund - 6/29/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held in Helena, Montana, on June 25, 2004. Petitioner, Stephen M. Peters, was present and represented himself. Respondent was represented by Thomas...
Bruno v. Gale - 6/29/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 26, 2004
Although the caption in this case relates to a civil action for damages, the issue presented on appeal involves an application...
Velez v. City of Jersey City - 6/29/2004
Argued November 17, 2003
The issue in this appeal is whether the notice of claim requirements under the New Jersey Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, apply to common law intentional tort claims. The Appellate...
Royal Indemnity Company v. Salomon Smith Barney - 6/29/2004
Unpublished
This opinion is uncorrected and will not be published in the printed Official Reports.
Shirley Werner Kornreich, J.
[Edited for publication]
I. FACTUAL AND PROCEDURAL BACKGROUND:
In this...
Lozado v. Felice - 6/28/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
DECISION & ORDER
(Index No. 31166/00)
In an action to recover damages for personal injuries, the plaintiff appeals,...
Hill v. Omni Hotel - 6/28/2004
Joyce Hill appeals from the order of the superior court affirming the award of the Georgia Board of Workers' Compensation, which denied her request for workers' compensation benefits.
The employer in this case is Omni Hotels at...
Bill v. Board of Education of Cicero School District 99 - 6/28/2004
Defendant, the Board of Education of Cicero School District 99 (District 99 or district), appeals the trial court's order granting plaintiff, Marie Bill's motion for summary judgment on the grounds that District 99 failed to give Bill...
Hanke v. California Auto Dealer's Exchange - 6/28/2004
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...
AMS Staff Leasing NA - 6/28/2004
Petitioners AMS Staff Leasing NA, Inc. (AMS), E-Z Bookkeepers, Inc., doing business as Professional Business Solutions (PBS), Doug Hasty, and Charles David Wood (collectively defendants) seek a writ of mandate compelling the trial...
Page
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
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
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
|