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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Nokes v. Aspen Aviation - 6/17/2004
ORDER VACATED AND CASE REMANDED WITH DIRECTIONS
In this dispute concerning federal preemption of employment termination claims, plaintiff, Irvin M. Nokes, Jr. (pilot), appeals the trial court's order dismissing his action against...
In re Approval of Form for Use by Clerks of the Circuit Courts Pursuant to Rule 10-2.1(A) of the Rules Regulating the Florida Bar - 6/17/2004
In 2004, the Legislature amended section 27.52, Florida Statutes, Determination of Indigence, to provide that the circuit court clerks shall use "a form developed by the Supreme Court" to determine indigency for purposes of...
City of Owensboro v. Adams - 6/17/2004
TO BE PUBLISHED
AFFIRMING
Upon reopening a previously settled award in this workers' compensation case, KRS 342 .125(1)(d), the administrative law judge (ALJ) found that Gary Dewayne Adams was totally disabled as a result...
Kentucky Bar Association v. Griffith - 6/17/2004
This matter, against Respondent, Caroline Laurie Griffith, of Louisville, Kentucky, involves six default disciplinary cases, KBA files 8206, 8301, 8668, 9069, 9467, and 9782 . At the time of their joint consideration by the Board of...
McKellery v. Disney Tire Co. - 6/17/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED. " PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
City of Henderson Fire Dep't v. Stone - 6/17/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Big Fist Coal Co. v. O'Quinn - 6/17/2004
THIS OPINION IS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Walmart Stores - 6/17/2004
THIS OPINIONIS DESIGNATED "NOT TO BE PUBLISHED." PURSUANT TO THE RULES OF CIVIL PROCEDURE PROMULGATED BY THE SUPREME COURT, CR 76.28 (4) (c), THIS OPINION IS NOT TO BE PUBLISHED AND SHALL NOT BE CITED OR USED AS AUTHORITY IN ANY...
Lewis v. Lantech - 6/17/2004
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...
Bearings v. Crum - 6/17/2004
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...
Million v. Raymer - 6/17/2004
TO BE PUBLISHED
Reversing
In November 1998, Appellee, Donald Raymer, an inmate at the Kentucky State Penitentiary (KSP), was placed in administrative segregation pending an investigation into whether he had introduced...
Williams v. General Electric Company - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 19, 2004
Appeal from an order of the Supreme Court (Reilly Jr., J.), entered...
Betro v. Barney - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: June 3, 2004
Appeal from a decision of the Workers' Compensation Board, filed January...
Brown v. Verizon New York - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 22, 2004
Appeals from six decisions of the Workers' Compensation Board, filed...
Isaacs v. Fleet Financial Services - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: June 2, 2004
Appeal from a decision of the Workers' Compensation Board, filed May 16,...
Rodrigues v. N & S Building Contractors - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: April 19, 2004
Appeal from an order of the Supreme Court (Connor, J.), entered...
In re Claim of Romain - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 7, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board, filed...
Rochez v. Travelers Casualty and Surety Company of America - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered November 26, 2003, which denied the motion of defendant-appellant...
In re Claim of Burey - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 7, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board, filed...
In re Claim of Caron - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: May 7, 2004
Appeal from a decision of the Unemployment Insurance Appeal Board, filed...
In re Kretchmer - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
MEMORANDUM AND ORDER
Calendar Date: June 3, 2004
Appeals (1) from a decision of the Unemployment Insurance Appeal Board,...
Guerrero v. Carva - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Plaintiffs appeal from an order of the Supreme Court, New York County (Barbara R. Kapnick, J.), entered April 17, 2002, and the...
O'Connor v. Church of St. Ignatius Loyola - 6/17/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 31, 2003, which granted defendants' motion for summary...
Corley v. Detroit Board of Education - 6/17/2004
PER CURIAM
In this sexual harassment action, plaintiff claims to have suffered an adverse employment action as a consequence of a prior romantic relationship with one of the defendants, MCL 37.2103(i)(ii), and a hostile work...
Mountbatten Surety Co. - 6/17/2004
Defendants, Szabo Contracting, Inc., Szabo Construction, LLC, Frank Szabo, Jr., James C. Szabo, Carla Szabo, and Carl F. Szabo appeal the order of the circuit court of Du Page County granting summary judgment in favor of plaintiff, the...
Flynn v. Industrial Commission - 6/17/2004
Docket No. 96884-Agenda 9-March 2004.
The sole issue in this case is the amount an employer is obligated to compensate an injured employee under the Workers' Compensation Act (820 ILCS 305/1 et seq. (West 1996)). The resolution...
[T] Clearpointe Capital - 6/17/2004
. Rickey Townsend appeals a small claims replevin judgment entered in favor of Clearpointe Capital, Inc., granting it the right to possession of a manufactured home that had secured a retail installment contract on which Townsend had...
Roper Contracting v. Industrial Commission - 6/16/2004
UNPUBLISHED
Roper Contracting (Roper) appeals from a circuit court order confirming a decision of the Industrial Commission (Commission), awarding permanent partial disability (PPD) benefits, temporary total disability (TTD)...
Pilkington v. Bally's Park Place - 6/16/2004
Argued April 26, 2004
In this employment action brought pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, June Pilkington, a fifty-nine-year-old casino pit manager alleged that her employer, Bally's...
Winkle v. New Jersey Dep't of Corrections - 6/16/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE PPELLATE DIVISION
Argued: May 3, 2004
Petitioner Charles Van Winkle appeals from a decision of respondent Department of Corrections (D.O.C.) denying him work credits for the...
Kirby v. Tad Resources International - 6/16/2004
Plaintiff was denied long-term disability benefits under her employer's group insurance policy. The gut issue is whether, under ERISA, she can seek judgment against the ERISA plan itself as an entity when the disability insurer in...
In re Massri - 6/16/2004
ORDER OF A THREE-COMMISSIONER PANEL
{ } The applicant filed a reparations application seeking reimbursement of expenses incurred with respect to an August 24, 2001 assault and robbery incident. On June 25, 2003, the Attorney...
Airborne Express - 6/16/2004
Airborne Express, Inc. (Employer) petitions for review of the November 4, 2003 order of the Workers' Compensation Appeal Board (Board) that affirmed the order of the Workers' Compensation Judge (WCJ) granting the claim petition of...
Campbell v. Workers ' Compensation Appeal Board - 6/16/2004
In this workers' compensation case, Helen Campbell (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) which affirmed a Workers' Compensation Judge's (WCJ) order granting Employer's Petition to Suspend...
Wyant v. Workers ' Compensation Appeal Board - 6/16/2004
Stacey R. Wyant petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge (WCJ) that granted the modification petition of Cherry Hill Division...
Fleming v. Workers ' Compensation Appeal Board - 6/16/2004
David E. Fleming appeals from an order of the Workers' Compensation Appeal Board (Board) that reversed the decision of a Workers' Compensation Judge (WCJ) granting the reinstatement petition filed by Fleming and denying the...
Smurfit Stone Container Corp. v. Worker's Compensation Appeal Board - 6/16/2004
This is an appeal by Smurfit Stone Container Corporation (Employer) from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of a Workers' Compensation Judge (WCJ) to grant Ronald Benton's (Claimant)...
Mogel v. Unemployment Compensation Board of Review - 6/16/2004
Michele Dee Mogel (Claimant), a pro se litigant, petitions for review of the December 18, 2003 order of the Unemployment Compensation Board of Review (Board) that affirmed the order of the referee denying Claimant's application for...
Bohanan v. City of Knoxville - 6/16/2004
Background
The appellee, Arthur M. Bohanan ("employee"), was fifty-eight years of age at the time of trial and had recently retired from his employment as a police officer with the City of Knoxville ("employer"). The employee...
Texas Mutual Insurance Co. v. Lerma - 6/16/2004
REVERSED AND RENDERED
Cresencio Lerma died on July 27, 1999. A jury found that Lerma sustained a minor cut to his arm on May 13, 1999, which was the producing cause of his death. Appellant, Texas Mutual Insurance Company...
Thompson v. Coushatta Education Dep't - 6/16/2004
PUBLISHED
REVERSED AND RENDERED.
Sullivan, J., dissents. I find no manifest error in the decision of the Workers' Compensation Judge.
FACTS
Deretha Thompson worked as a receptionist at the Coushatta Education...
Rants v. Vilsack - 6/16/2004
Appeal from a district court ruling upholding the Governor's exercise of his item veto power. REVERSED AND REMANDED.
In this appeal, we consider whether Governor Thomas J. Vilsack (Governor) properly exercised the item veto power...
Barreca v. Nickolas - 6/16/2004
Teen dance club and one of its owners challenge dismissal of defamation and intentional infliction of emotional distress claims. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.
While presiding at a...
In re Marriage of Martin - 6/16/2004
On review from the Iowa Court of Appeals.
A person who cohabitated with another person challenges the authority of the district court to award attorney fees and property he acquired during the period of cohabitation to the other...
Iowa Supreme Court Board of Professional Ethics and Conduct v. McKittrick - 6/16/2004
On review of the report of the Grievance Commission.
Grievance Commission reports that respondent has committed ethical misconduct and recommends a public reprimand. LICENSE SUSPENDED.
The Iowa Supreme Court Board of...
Buckley v. Pactiv Corp. - 6/16/2004
NOT DESIGNATED FOR PUBLICATION
Appellant, Janice Buckley, was employed by appellee Pactiv Corporation when she claims to have suffered a compensable injury. She began working for Pactiv through a temporary-employment agency in...
Michael v. Keep & Teach - 6/16/2004
REVERSED AND REMANDED
Appellant Judy Michael appeals the decision of the Arkansas Workers' Compensation Commission. Appellant contends that the Commission's decision, denying her claim for the nine percent permanent anatomic...
Acuff v. Superior Wheels - 6/16/2004
NOT DESIGNATED FOR PUBLICATION
Appellant Lonnie Acuff appeals from a decision of the Workers' Compensation Commission (Commission) denying his claim for benefits. On appeal, he argues that the Commission erred when it found that...
Webb v. Taylor - 6/16/2004
NOT DESIGNATED FOR PUBLICATION
In this paternity action, both parties have appealed, raising issues about the trial court's calculation of appellant's income for support purposes. We affirm.
Appellee Vicki Taylor filed a...
In re Leonard - 6/15/2004
CERTIFIED FOR PUBLICATION
A father had been paying child support for many years. In January 2003, he was laid off from his job as a software salesman due to the economic downturn in the high technology field. Accordingly, he...
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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
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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