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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Keslosky v. Workers ' Compensation Appeal Board - 2/25/2004
Michael B. Keslosky, III (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) affirming a decision of the Workers' Compensation Judge (WCJ), which denied a claim of psychic injury under the Workers'...
McCarthy v. UT-Battle - 2/25/2004
I.
The Plaintiff, John F. McCarthy, was employed as a Distinguished Scientist at the Oak Ridge National Laboratory [hereafter "ORNL" or "Defendant"]. His employment was terminated on August 24, 2001 for "falsification of Time...
Lindeman v. Virginia Employment Commission - 2/24/2004
John H. Lindeman (claimant) appeals from a decision of the Staunton Circuit Court affirming the decision of the Virginia Employment Commission (the commission) denying his claim for unemployment benefits. On appeal, claimant contends...
[T] Wedekind v. Workers ' Compensation Appeal Board - 2/24/2004
ORDER
AND NOW, this 24th day of February, 2004, the Petition for Allowance of Appeal is hereby DENIED. ...
State ex rel Wheeler v. Industrial Commission of Ohio - 2/24/2004
(REGULAR CALENDAR)
DECISION
IN MANDAMUS ON OBJECTIONS TO THE MAGISTRATE'S DECISION
. Relator, Manuel P. Wheeler, filed this original action in mandamus. Pursuant to Civ.R. 53 and Loc.R. 12(M) of the Tenth District...
Coral Construction - 2/24/2004
CERTIFIED FOR PUBLICATION
I. INTRODUCTION
Coral Construction, Inc., (Coral) filed this action against the City and County of San Francisco and other individual defendants (collectively, City) challenging the...
Film Office v. HS Holding Corp. - 2/24/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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...
Shoemake v. Placer County Office of Education - 2/24/2004
NOT TO BE PUBLISHED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...
Levandoski v. Cone - 2/24/2004
The common-law "firefighter's rule" provides, in general terms, that a firefighter or police officer who enters private property in the exercise of his duties occupies the status of a licensee and, therefore, is owed a duty of care...
Duval County School Board v. Golly - 2/24/2004
This is a workers' compensation action originally brought by Appellee David Golly, an employee of Appellant Duval County School Board. Mr. Golly suffered a severe closed head injury when he fell on a concrete walkway at Terry Parker...
Able Body Temporary Services v. Lindley - 2/24/2004
This is an appeal of a worker's compensation order imposing penalties and interest against a carrier in receivership and calculating Claimant's AWW based on a contract-for-hire basis. The JCC was made aware that the carrier was in...
Bynum v. Horizon Staffing - 2/24/2004
Waddell Bynum appeals the trial court's dismissal of his employment discrimination action for failure to state a claim. Finding no reversible error, we affirm.
Bynum filed a pro se complaint against his former employer, Horizon...
Melton v. Frigidaire - 2/24/2004
This case began as a dispute about a recalcitrant refrigerator. It now presents us with a fee-shifting issue that is a matter of first impression in the courts of this State: whether a party to a settlement agreement is a "prevailing...
Navarro v. Hutzel Hospital - 2/24/2004
UNPUBLISHED
In this action brought pursuant to the Michigan Civil Rights Act ("CRA"), MCL 37.2101 et seq. , plaintiff appeals as of right from a judgment granting summary disposition in favor of defendants under MCR 2.116(C)(10)....
Rosin v. Lacasse - 2/24/2004
UNPUBLISHED
Plaintiff appeals as of right the order granting summary disposition pursuant to MCR 2.116(C)(10) in favor of defendant Roscommon County and defendant Dawn LaCasse, the former 911 Director for the county and...
Carlisle-Bradford v. Dep't of Corrections - 2/24/2004
UNPUBLISHED
Plaintiff appeals as of right the trial court's grant of summary disposition pursuant to MCR 2.116(C)(10) in favor of defendant on plaintiff's sexual harassment claim under the Civil Rights Act (CRA), MCL 37.2101 et...
Washington v. Payne - 2/24/2004
UNPUBLISHED
In this employment case arising out of plaintiff's discharge from Henry Ford Hospital, plaintiff appeals as of right an order granting defendants summary disposition. We affirm.
I. Standard of Review
We...
Klinefelter v. Crum and Forster Insurance Co. - 2/24/2004
Appellant insurance company challenges the judgment entered on the district court's order denying its motion to vacate an arbitrator's award and affirming the award of no-fault benefits to respondent, who was injured in an automobile...
Nodaway Valley Bank v. E.L. Crawford Construction - 2/24/2004
Opinion Vote: AFFIRMED.
Spinden and Howard, J.J., concur.
Opinion:
Nodaway Valley Bank appeals the granting of summary judgment in favor of E.L. Crawford Construction, Inc., and Contractors Crane & Erection...
Loeffelman v. Board of Education of the Crystal City School District - 2/24/2004
Opinion Vote: AFFIRMED.
Hoff, and Draper III, JJ., concur.
Opinion:
Introduction
Jendra Loeffelman (Teacher) appeals from the judgment of the trial court upholding the decision of the Board of Education of the...
Herrera v. Herrera - 2/24/2004
Submitted on Briefs: March 13, 2003
Teresa Herrera (Teresa) petitioned for dissolution of her marriage to Richard Herrera (Richard) in the First Judicial District Court, Lewis and Clark County. Following a non-jury trial, the...
Cahill v. Triborough Bridge and Tunnel Authority - 2/24/2004
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Order, Supreme Court, New York County (Edward Lehner, J.), entered June 11, 2003, which granted plaintiff's motion for summary...
Lin v. Holy Family Monuments - 2/24/2004
This opinion is uncorrected and subject to revision before publication in the printed Official Reports.
The following papers have been read on this motion:
Notice of Motion/Order to Show Cause/Papers Numbered ...
Brown v. Liebert Corp. - 2/24/2004
. Plaintiff-appellant John Joseph Brown (hereinafter "appellant") appeals from the decision and judgment entry of the Franklin County Court of Common Pleas granting summary judgment in favor of defendant-appellee Liebert Corporation...
Prairie Township Board of Trustees - 2/24/2004
(REGULAR CALENDAR)
.Rodney F. Ross, Sr., defendant-appellant, appeals from a judgment of the Franklin County Municipal Court, Environmental Division, granting the application for injunctive relief and motion in contempt filed...
[T] Shapiro v. Rockville Country Club - 2/23/2004
This opinion is uncorrected and will not be published in the printed Official Reports.
Plaintiffs move for summary judgment on the issue of liability on the first, second and third causes of action of their second amended...
Barber Brothers Contracting Co. - 2/23/2004
This is an appeal from the Office of Workers' Compensation Administration, District 5, brought by the employer-appellant, Barber Brothers Contracting Company, LLC (Barber Brothers), challenging the judgment of the workers' compensation...
Forrester v. New Orleans Iron Works - 2/23/2004
AFFIRMED
Shane Forrester (Forrester) was injured in the course and scope of his employment with New Orleans Iron Works while installing metal flashing on a fan house atop a building at the Lockheed Martin facility. While working...
Widder v. Durango School Dist. No. 9-R - 2/23/2004
JUDGMENT AFFIRMED IN PART, REVERSED IN PART AND REMANDED WITH INSTRUCTIONS
EN BANC
Opinion modified, and as modified, Petition for Rehearing DENIED. EN BANC.
JUSTICE KOURLIS delivered the Opinion of the Court. ...
Ripley v. Bureau of Employment Services - 2/20/2004
JUDGMENT ENTRY
{ } Plaintiff filed this action alleging claims of sexual harassment, denial of due process and constitutional rights, and intentional infliction of emotional distress. The issues of liability and damages were...
Truszka v. Workers ' Compensation Appeal Board - 2/20/2004
William Truszka (Claimant) petitions for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge's (WCJ) denial of Claimant's claim petitions.
On June...
Gadsden v. Workers ' Compensation Appeal Baord - 2/20/2004
Shanda Gadsden (Claimant) worked as a machine operator for Techneglas, Inc. (Employer). On May 3, 2002, Employer issued a notice of temporary compensation payable for traumatic effusion of the left knee after Claimant slipped on oil...
Sisco v. Workers ' Compensation Appeal Board - 2/20/2004
Doris Sisco (Claimant) petitions for review of an order of the Workers' Compensation Board (Board) affirming a Workers' Compensation Judge's (WCJ) decision that her reinstatement petition was time-barred. We affirm.
Claimant...
In re Lacobee - 2/20/2004
ATTORNEY DISCIPLINARY PROCEEDINGS
This disciplinary matter arises from two consolidated sets of formal charges filed by the Office of Disciplinary Counsel ("ODC") against respondent, Jean Marie Lacobee, an attorney licensed to...
In re Pathmark Stores - 2/20/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 2, 2003
This appeal involves interpretation of the provision in the Employers' Liability Insurance Law, N.J.S.A. 34:15-70 to -93, which...
McKeehan v. American Family Life Assurance Co. of Columbus - 2/20/2004
DECISION.
Judgment Appealed From Is: Reversed and Cause Remanded
. Plaintiff-appellant Grace McKeehan appeals from the trial court's judgment declaring that she is not entitled to benefits under an accidental-death,...
Ram Montana - 2/20/2004
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT
The trial in this matter was held on October 7 and 8, 2002, in Missoula, Montana. Petitioner, RAM Montana, Incorporated (RAM), was represented by Mr. Julio K. Morales. The...
Nielson v. Montana State Fund - 2/20/2004
DECISION AND JUDGMENT AFTER REMAND
This case is on remand from the Supreme Court following its decision in Nielson v. State Compensation Ins. Fund, 2003 MT 95, 315 Mont. 194, 69 P.3d 1136. The Supreme Court reversed my...
Docksteiner v. Industrial Commission - 2/20/2004
UNPUBLISHED
The claimant, Allan Docksteiner, appeals from an order of the circuit court confirming a decision of the Industrial Commission (Commission) to deny him benefits under the Workers' Occupational Diseases Act (Act) (820...
Lourdes Hospital v. Wininger - 2/20/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Lourdes Hospital has petitioned for review of an opinion of the Workers' Compensation Board (the Board) entered July 30, 2003, in which the Board affirmed the Administrative Law Judge's...
Boggs v. Rite Aid Drug Stores - 2/20/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
Betty Boggs (hereinafter "Boggs") has petitioned this Court for review of the May 28, 2003, opinion of the Workers' Compensation Board, which reversed and remanded the Administrative...
AK Steel Corp. v. Allen - 2/20/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING IN PART AND REVERSING IN PART
AK Steel Corporation (AK Steel) seeks review of an opinion of the Workers' Compensation Board (Board) upholding the determination of the Administrative Law...
Yancey v. Sheriff of Jefferson County - 2/20/2004
NOT TO BE PUBLISHED
OPINION AFFIRMING
This action began as one based on claims of racial discrimination and harassment by multiple plaintiffs against appellee, James Vaughn, who was Jefferson County Sheriff from 1994 to...
Metzger v. DaRosa - 2/20/2004
Docket No. 95913-Agenda 34-September 2003.
This case is before us on questions of Illinois Law certified by the United States Court of Appeals for the Seventh Circuit. 145 Ill. 2d R. 20. The certified questions are:
"1....
Sanchez v. Woerner Management - 2/20/2004
Claimant, Victor Sanchez, challenges the reasonableness of an attorney fee awarded him in a workers' compensation case in which the judge of compensation claims (JCC) reduced by nearly half the hours that claimant's counsel represented...
People v. Rigby-Fene - 2/20/2004
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...
Ford v. Jefferson County - 2/20/2004
Three Jefferson County probation officers, Tom Ford, Michele Wells, and Cynthia Bunton-Welch ("the officers"), appeal from a summary judgment entered against them and in favor of Jefferson County and Jefferson County Juvenile Services...
Skinner v. Raffaella De Laurentiis - 2/20/2004
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...
Lane v. Rolls-Royce Engine Services-Oakland Inc. - 2/20/2004
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...
Manila School District No. 15 v. Wagner - 2/19/2004
This is an interlocutory appeal from an order of the Mississippi County Circuit Court granting a preliminary injunction prohibiting Appellant Manila School District No. 15 (the District) from hiring a new school superintendent. The...
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