Workers Compensation Law
 
LARRY D. LINCOLN; BRAD C. MOSBRUCKER v. BNSF RAILWAY COMPANY

On October 9, 2007, a BNSF tank car sprung a leak near where Appellants were working, exposing Appellants to 2-chlorobenzyl chloride. Following the tank car spill accident, Appellants attempted, for over two years, to negotiate a monetary settlement with BNSF as to the injuries they sustained from the accident. During that two-year period, Appellants continued to perform their duties as MOW wo

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GRANT FRITSCH, an individual v. SWIFT TRANSPORTATION COMPANY OF ARIZONA, LLC

Because the issues in this appeal arise from a defendant’s removal of a case filed in state court to federal court, we begin with the relevant background principles for such a removal. Under 28 U.S.C. § 1441(a), a defendant may remove certain actions filed in state court to a district court so long as a federal court has jurisdiction over the action, and certain procedural requirements are met. T

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UNITED STATES OF AMERICA v. KING MOUNTAIN TOBACCO COMPANY, INC.

In 2006 the late Delbert Wheeler, Sr., a lifelong-enrolled member of the Yakama Nation in Washington State, purchased “80 acres of trust property . . . from the Yakama Nation Land Enterprise, the agency of the Yakama Nation which is charged with overseeing the maintenance of real property held in trust by the United States for the benefit of the Yakama Nation and its members.” Wheeler then opened

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Eric Koty v. DuPage County, Illinois Northern District of Illinois Courthouse - Chicago, Illinois Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Eric Koty, a deputy in the DuPage
County Sheriff’s Department, requested a different model of
squad car. Notes from Koty’s physician indicated Koty
should be given a squad car with more legroom, “like an
SUV,” to accommodate a hip condition. The Department denied
Koty’s requests. Koty then submitted EEOC complaints
alleging the Department had discriminated against him in vi

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Eduardo De La Torre v. Cashcall, Inc.


Under California law, can a loan contract include an interest rate term so
high that it is “unreasonably and unexpectedly harsh,” “unduly oppressive,” or “so
one-sided as to shock the conscience”? (Sanchez v. Valencia Holding Co.,
LLC (2015) 61 Cal.4th 899, 910–911 (Sanchez).) What the Ninth Circuit asks us
to resolve in this case is a more specific version of that question: C

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UNITED STATES v. VALENTÍN VALDÉS-AYALA

To understand how Valdés exploited the bankruptcy and child support administration systems, it will help to understand the ways in which these systems have been designed to work. We use the testimony the jury heard at trial to paint the backdrop against which Valdés operated his businesses. The jury trial included testimony from a varied cast of 34 witnesses culminating with Valdés, himself

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Derek Waskul; Cory Schneider; Kevin Wiesner; Washtenaw Asociation for Community Advocacy v. Washtenaw Country Community Mental Health, et al. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

An association generally has standing if “at least one of [its] members would have standing to sue on his own.” United Food & Commercial Workers v. Brown, 517 U.S. 544, 554–55 (1996) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). In this interlocutory appeal, the Washtenaw Association for Community Advocacy identifies at least one named member who appears to have suffered an initial deprivati

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Jonathan Gaffers v. Kelly Services, Inc. Eastern District of Michigan Federal Courthouse - Detroit, Michigan

The Supreme Court recently held that the National Labor Relations Act does not invalidate individual arbitration agreements. Epic Systems Corp. v.
>
No. 16-2210 Gaffers v. Kelly Servs., Inc. Page 2
Lewis, 138 S. Ct. 1612, 1632 (2018). That holding answers half of this case. The other half, in which the plaintiffs seek to carve out a separate destiny for the Fair Labor Standards Act, me

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State of Tennessee v. Michael A. Flippen, Jr.

The Defendant shot and killed the victim, Ms. Princess Clark, andwas indicted for first degree premeditated murder, being a felon in possession of a firearm, possessing a weapon after being convicted of a domestic violence offense, and reckless endangerment. The Defendant entered a guilty plea to the lesser-included offense of second degree 08/09/2018 -2 murder. Pursuant to the plea agreement,

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State of Oklahoma v. Courtney Daron Rushing, a/k/a Damien Demetris Wright

Tulsa, OK - The State of Oklahoma charged Courtney Daron Rushing, a/k/a Damien Demetris Wright with:

Count # 1. Count as Filed: OROB, ROBBERY - 2ND DEGREE, in violation of 21 O.S. 799
Date of Offense: 02/15/2017
Party Name Disposition Information
RUSHING, COURTNEY DARON Disposed: CONVICTION, 08/07/2017. Guilty Plea
Count as Disposed: ASSAULT & BATTERY **MISDEMEANOR**

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Lara Carlson v. University of New England District of Maine Federal Courthouse - Bangor, Maine

The district court entered
summary judgment against Dr. Lara Carlson, a faculty member, on
her claim of retaliation under Title VII and the Maine Human Rights
Act (MHRA) against her employer, the University of New England
(UNE). Carlson alleges that, after she complained to UNE about
sexual harassment by her department chair and supervisor, Dr. Paul
Visich, the school retal

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Robyn Dale Murphy, Jr., aka Robin Dale Murphy, Jr. v. Exeter Finance Corp.

On or about June 26, 2014, Murphy entered into a written Retail Sales Contract, Simple Finance Charge Agreement with Excel Pre-Owned Super Center to purchase a 2011 Dodge Ram 1500 truck. Excel assigned the contract to Exeter. Murphy paid $17,330.00 for the truck, making a $1,000.00 down payment with the remaining principal amount of $16,330.00 to be financed at an equivalent rate of 20.6%, r

More...   $0 (08-11-2018 - TX)

John Nathan Cavaness v. The State of Texas

On May 20, 2016, eighty-seven-year-old Emmajo Wallace was turning left into a post
office when she was hit by Cavaness’s vehicle. It is undisputed that this vehicle was traveling at
approximately seventy miles per hour prior to its driver braking in an attempt to avoid the collision.
Wallace’s vehicle spun into the parking lot of the post office and was ultimately totaled due to the

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United States of America v. Erick Powell and Ahmad McCormick Northern District of Georgia Federal Courthouse - Atlanta, Georgia

Atlanta, GA - Owners/Operators of a job-staffing company sentenced to federal prison for wire fraud

Eric Powell and Ahmad McCormick, former owners and operators of National Vocation Group, who lured hundreds of job-seekers into paying for needless pre-employment certification training have been sentenced to federal prison for wire fraud.

“Powell and McCormick used their job-staf

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Michael Colaco v. Cavotec SA

Michael Colaco, and April Barry appeal from the judgment entered against them in this action
arising from Inet’s sale of its assets to respondents Cavotec SA and Cavotec Inet US, Inc.
(collectively Cavotec). Colaco was Inet’s sole shareholder and its chief executive officer
and Barry was Inet’s director of administration. After the transaction, Colaco became
Cavotec Inet US, Inc.’s

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HOWARD JOHNSON III v. U.S. FOOD SERVICE, and AMERICAN ZURICH INSURANCE CO

On October 16, 2015, Howard Johnson, who had been employed by U.S. Food Service since 2002 as a delivery driver, suffered an on-the-job injury to his neck when he tried to dislodge a partially frozen trailer door at work. Later that month, Dr. Harold Hess, a neurosurgeon, examined Johnson for the first time. Johnson complained of neck and left arm pain along with numbness and weakness in his

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United States of America v. International Marine and Industrial Applicators, LLC and Marine Equipment Supply, LLC Western District of Washington Federal Courthouse - Seattle, Washington

Seattle, WA - Two Marine Maintenance Companies Pay $2.8 Million to Settle False Claims Act Investigation - Overbilled Navy by “Renting” Equipment that was Actually Owned by Executives of the Parent Company

A marine maintenance company based in Alabama, and a rental company owned by the marine maintenance company executives, will pay the government more than $2.8 million to settle claims t

More...   $2860948 (08-09-2018 - WA)

Araceli Rodriguez v. Lonnie Swartz, Agent of the U.S. Boarder Patrol Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

A U.S. Border Patrol agent standing on American soil
shot and killed a teenage Mexican citizen who was walking
down a street in Mexico. We address whether that agent has

6 RODRIGUEZ V. SWARTZ

qualified immunity and whether he can be sued for violating
the Fourth Amendment. Based on the facts alleged in the
complaint, we hold that the agent violated a clearly
e

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Randy Kinder Excavating, Inc. v. JA Manning Construction Company, Inc. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

This construction dispute arises from a government contract to build a pumping
station for the purpose of managing water levels around parts of the lower White
River in Arkansas. As with many large-scale projects, this venture was plagued with
delays from its inception. These delays were caused by weather events, scheduling
conflicts, and other unforeseen conditions. The district c

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Jackie Stice v. City of Tulsa



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Tulsa, OK - Jackie Stice sued The City of Tulsa on a civil rights job discrimination theory c

More...   $90000 (08-08-2018 - OK)

Raymond Blech v. Richard Blech, Commercial Bank as Trustee, etc.

Arthur Blech died in 2011, leaving an estate worth in
excess of $65 million. At his death, his estate planning
documents included the Arthur Blech Living Trust, as amended,
and his will, which provided for the “pour over” of most of his
remaining assets into the Trust, to be administered as part of the
corpus of the Trust by a third party trustee. Arthur left most of
his es

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Mark McClaskey v. CWG Plastering, LLC Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Walter “Wally” Gianino owned and
operated a plastering company in St. Louis, Missouri, for over
thirty years. That business—Gianino Plastering—abruptly
closed in 2012. Around the same time, Wally’s son, Curt Gianino,
who had worked at Gianino Plastering for over a decade,
founded his own company, CWG Plastering, LLC. CWG
took on at least some of Gianino Plastering’s custome

More...   $0 (07-31-2018 - IN)

The William R. Lee Irrevocable Trust v. Lester L. Lee Southern District of Indiana Federal Courthouse - Indianapolis, Indiana Morelaw Internet Marketing National Find A Lawyer Directory 888-354-4529

Lester Lee merged two companies he controlled. A trust administered by his nephews, with a pre-merger minority interest in one of the companies, dissented from the merger pursuant to Indiana’s Dissenters’ Rights Statute and obtained a judgment against that company. Lester filed a personal bankruptcy petition. The Trust commenced an adversary proceeding in that bankruptcy action, seeking to pierce

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Monica J. Rogers v. Henry Ford Health System Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff Monica Rogers, an African-American woman in her sixties, has been employed by defendant Henry Ford Health System (“HFHS”) for over thirty years. In late 2012, Rogers was working as a consultant in HFHS’s Organizational Human Resources Development (“OHRD”) Department. After she was denied reclassification as a Senior OHRD Consultant, Rogers made an internal complaint of racial and age dis

More...   $0 (08-06-2018 - MI)

Lavar Monte Thompson vs State of Florida

Bill and Connie Couch lived in Lake Butler. Their property comprised a mobile home, several outbuildings, and a camper trailer Mr. Couch called his “man cave.” The Couches’ daughter,
Chloe, and Mrs. Couch’s son from a previous relationship lived with them on the property. In January 2012, Ronald Griffis knocked on the Couches’ front door, offering to pave their driveway. After some negotiati

More...   $0 (08-05-2018 - FL)

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