Workers Compensation Law |
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Tracey K. Kuehl v. Pamela Sllner
Northern District of Iowa Federal Courthouse - Cedar Rapids, Iowa
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Tracey K. Kuehl (Tracey), Lisa K. Kuehl (Lisa), Kris A. Bell, Nancy A.
Harvey, John T. Braumann, and the Animal Legal Defense Fund (plaintiffs) brought
suit against Pamela Sellner, Tom Sellner, and Cricket Hollow Zoo (defendants) under
1The Honorable Richard W. Goldberg, United States Court of International
Trade, sitting by designation.
-2-
the Endangered Species Act, 16 U
More... $0 (04-18-2018 - IA)
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Achikam Shapira v. Lifetech Resources
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Appellant Achikam Shapira sued his former employer,
Lifetech Resources, LLC, for breach of an employment contract.
The case proceeded to a bench trial; the parties presented their
evidence and rested. The parties and court agreed that the
parties would submit closing arguments in written briefs. Before
Shapira submitted his closing argument brief, he requested that
the cour
More... $0 (04-18-2018 - CA)
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CHRISTOPHER L. WAISNER v. STATE OF KANSAS
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In 2011, Waisner was convicted of various sex crimes in Shawnee County District Court. The underlying facts relating to the criminal case were summarized by this court in Waisner's direct appeal:
"This case involves allegations of sexual abuse lodged against Waisner by his daughter, T.G. Specifically, T.G. alleged that when she lived with Waisner during a period between May 2008 and J
More... $0 (04-17-2018 - KS)
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ESTATE OF WAYNE KENNETH DUCHENEAUX vs. DOUGLAS D. DUCHENEAUX
SUPREME COURT OF THE STATE OF SOUTH DAKOTA
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A detailed summary of the facts underlying this case are outlined in Estate of Ducheneaux v. Ducheneaux, 2015 S.D. 11, 861 N.W.2d 519. Wayne Ducheneaux died testate on November 18, 2011, leaving six children. On January 6, 2009, Wayne executed a will dividing his estate equally among his five
daughters1 while “intentionally making no provisions . . . for [his] son Douglas Ducheneaux,” with
More... $0 (04-17-2018 - SD)
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Andrew Castillo v. Glenair, Inc.
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In a joint employer arrangement, can a class of workers
bring a lawsuit against a staffing company, settle that lawsuit,
and then bring identical claims against the company where they
had been placed to work. We answer no.
This wage and hour putative class action involves the
relationship between a temporary staffing company (GCA
Services Group, Inc. (GCA)), its employees (
More... $0 (04-17-2018 - CA)
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James P.Teufel v. The Northern Trust Company, et al.
Northern District of Illinois Courthouse - Chicago, Illinois
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In 2012 Northern Trust
changed its pension plan. Until then it had a defined-benefit
plan under which retirement income depended on years
worked, times an average of each employee’s five highestearning
consecutive years, times a constant. Example: 30
years worked, times an average high-five salary of $50,000,
times 0.018, produces a pension of $27,000. (We ignore sev2
N
More... $0 (04-11-2018 - IL)
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David M. Hopper v. Phil Plummer, et al.
Southern District of Ohio Federal Courthouse - Dayton, Ohio
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Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrai
More... $0 (04-16-2018 - OH)
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ARKANSAS COMMUNITY CORRECTION V. ANNETTE BARNES
Arkansas Supreme Court
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Barnes alleged in her complaint that she was terminated from her position with the
ACC for protesting discriminatory actions on behalf of her employer and participating in
an investigation designed to discover further discrimination. She alleged that her
termination was a violation of the Arkansas Whistle-Blower Act (“AWBA”) and asked for
damages, reinstatement, attorneys’ fees
More... $0 (04-15-2018 - AR)
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STATE OF KANSAS v. PATRICK A. MEEKS
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Patrick Meeks pleaded guilty to one count of felony theft over $1,000 but less than $24,999 for the theft of a vehicle belonging to Monica and Christopher Taylor. Meeks borrowed the vehicle with permission but never returned it. He asserted that the vehicle was stolen from him and never recovered.
At the time the vehicle was stolen, its fair market value was $13,856.21, but there was a
More... $0 (04-14-2018 - KS)
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Association for Accessible Medicines v. Brian E. Frosh, et al.
District of Maryland Federal Courthouse - Baltimore, Maryland
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The Association for Accessible Medicines (“AAM”) appeals the district court’s dismissal of its dormant commerce clause challenge to a Maryland statute prohibiting price gouging in the sale of prescription drugs. AAM also appeals the district court’s refusal to enjoin enforcement of the statute on the basis that it is unconstitutionally vague. We hold that the statute violates the dormant commerce
More... $0 (04-13-2018 - MD)
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Philadelphia Taxi Association, Inc., et al. v. Uber Technologies, Inc.
Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania
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Philadelphia taxicab drivers, aggrieved by the influx of
taxis hailed at the touch of an app on one’s phone, brought
this antitrust action to protest the entry of Appellee Uber
Technologies, Inc. (“Uber”) into the Philadelphia taxicab
4
market. The Philadelphia Taxi Association (“PTA”), along
with 80 individual taxicab companies (collectively,
“Appellants”), appeal the
More... $0 (04-13-2018 - PA)
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STATE OF OHIO v. JOHN LEHMAN
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The victims in this case are a married couple who reside in a single-family home
in Richfield. On the morning of September 14, 2016, someone burglarized their home while
they were at work. The wife homeowner discovered the break-in when she came home at
lunchtime to care for their dogs. Video surveillance taken from the home, in conjunction with
further investigation, led to
More... $0 (04-11-2018 - OH)
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STATE OF OHIO v. MICHAEL CHAPMAN
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On December 17, 2015, Mr. Chapman and his brother were at Legends Sports
Pub for a holiday gathering with some of his brother’s co-workers. One of the co-workers, T.C.,
was transgender. Towards the end of the night, Mr. Chapman was involved in a fight in the
bathroom. Mr. Chapman admits that he punched the victim, G.H., during that fight. He contends,
however, that he acted in
More... $0 (04-11-2018 - OH)
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United States of America v. Joe Harry Pegg
Middle District of Florida Federal Courthouse - Tampa, Florida
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Tampa, FL - Prolific Marijuana Smuggler Sentenced To Six More Years In Prison For Attempting To Buy A Reduction In Sentence
U.S. District Judge Susan C. Bucklew has sentenced Joe Harry Pegg (70, Ft. Lauderdale) to six years in federal prison for conspiracy to obstruct justice, obstruction of justice, and lying to federal law enforcement officers. The court ordered him to serve this senten
More... $0 (04-10-2018 - FL)
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STATE OF OHIO v. LEONDRE HARRIS
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One night in August of 2016, Mr. Harris and his girlfriend (“A.W.”) were staying
at the Days Inn in Elyria to celebrate their friend’s birthday. There was testimony at trial from
several witnesses that Mr. Harris repeatedly referred to A.W. throughout the evening as his wife
and noted that she was pregnant. A group of six workers from Indiana were also staying at the
same hot
More... $0 (04-10-2018 - OH)
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The People of the State of Colorado v. Franck Armand Belibi
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Franck Belibi was charged with a number of felony and misdemeanor counts
following an incident in which he struck and killed a pedestrian with his car. He
ultimately entered into a plea arrangement, in which he agreed to plead guilty to one
count of attempt to influence a public servant and to pay $4,728 to the Victim’s
Compensation Fund to offset payments made for the deceden
More... $0 (04-10-2018 - CO)
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Katherine K. Morgan v. Baker Hughes Incorporated
District of Wyoming Federal Courthouse - Cheyenne, Wyoming
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Katherine Morgan, as wrongful death representative of her deceased husband
David Morgan, appeals the district court’s grant of judgment as matter of law
(“JMOL”) in favor of Baker Hughes Incorporated, issued after trial but before the
case was submitted to the jury. Because material disputes in the evidence remain for
resolution by the jury, we conclude that JMOL was inappropriate.
More... $0 (04-09-2018 - WY)
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Glenn Allen Chesney, et al v. Entergy Louisiana, L.L.C., et al
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On August 31, 2010, Glenn Chesney (“Chesney”) arrived at the
Magnolia Landfill (“the landfill”) hauling a removable trash container on a
10-wheel flatbed truck owned by his employer, Waste Management of
Louisiana, L.L.C (“Waste Management”). Due to a power outage, the weigh
scale at the landfill was not working, and truck drivers had to wait in line for
the scale to reope
More... $0 (04-09-2018 - LA)
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Charles A. Jones and Josh Watson v. Royal Administration Services, Inc.
District of Nevada Federal Courthouse - Las Vegas, Nevada
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Charles Jones and Josh Watson seek to hold Royal
Administration Services, Inc. (“Royal”) liable for several
telephone calls made in violation of the Telephone Consumer
Protection Act (“TCPA”), 47 U.S.C. § 227, by telemarketers
employed by All American Auto Protection, Inc. (“AAAP”).
Though a broad range of agency theories may form the basis
4 JONES V. ROYAL ADMIN. SVCS.
More... $0 (04-09-2018 - NV)
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Lisa Demargee v. Laura Pederson; Amy Van Ness
District of Arizona Federal Courthouse - Phoenix, Arizona
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As this court has stated repeatedly, families have a “wellelaborated
constitutional right to live together without
governmental interference.” Wallis v. Spencer, 202 F.3d
1126, 1136 (9th Cir. 2000); accord Kirkpatrick v. Cty. of
Washoe, 843 F.3d 784, 789 (9th Cir. 2016) (en banc); Burke
v. Cty. of Alameda, 586 F.3d 725, 731 (9th Cir. 2009); Rogers
v. Cty. of San Joaquin, 48
More... $0 (04-09-2018 - AZ)
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American Insurance Company v. Lazaro Rodriguez
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Amerisure Insurance Company seeks certiorari review of the trial court’s
order denying its motion to dismiss or abate the spoliation of evidence claim
asserted by the plaintiff, Lazaro Rodriguez. Because Amerisure has failed to meet
the threshold requirement of showing that the trial court’s order creates irreparable
harm, we dismiss the petition for lack of jurisdiction.
Backg
More... $0 (04-04-2018 - FL)
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Raad Al-Shaikh v. State Department of Health Care Services
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When Dr. Raad Al-Shaikh, an orthopedic surgeon, moved his Fremont practice a
couple of miles from its original location, he applied to the Department of Health Care
Services (DHCS), pursuant to Medi-Cal regulations, for approval of his new office as an
“established place of business.” He had been an approved Medi-Cal provider at his prior
location for six years. Much to Dr. Al-Shai
More... $0 (04-08-2018 - CA)
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SHATANI BUCK JR. vs. STATE OF IOWA
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Ignoring his own misconduct, Shatani Buck Jr. blames his current plight on
his plea counsel and asks that his felon-in-possession-of-firearm conviction be
tossed. We affirm the district court’s denial of Buck’s application for postconviction
(PCR) relief.
In December 2012, Buck was charged by trial information with Count I, felon
in possession of a firearm, in violation
More... $0 (04-06-2018 - IA)
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Margaret Herster; Scott Sullivan v. Board of Supervisors of Louisiana State University, et al.
Middle District of Louisiana Federal Courthouse - Baton Rouge, Louisiana
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Margaret Herster (“Herster”) and her husband Scott Sullivan
(“Sullivan”) appeal the dismissal of their claims against the Board of
Supervisors of Louisiana State University (“LSU”) related to alleged gender
discrimination. Prior to the jury trial for this case, the district court granted
LSU’s motion for summary judgment dismissing Herster’s Louisiana state law
spoliation claim
More... $0 (04-05-2018 - LA)
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New Cingular Wireless PCS, LLC v. Public Utilities Commission of the State of California, The Utility Reform Network, Real Party in Interest
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Following our decision in New Cingular Wireless PCS, LLC v. Public Utilities
Com. (2016) 246 Cal.App.4th 784 (New Cingular), the California Public Utilities
Commission (CPUC), on remand, issued Decision No. 17-04-0071
and Decision No. 17-
11-0382
(collectively, the Remand Decisions), awarding intervenor compensation to The
1 Order Instituting Investigation on the Commi
More... $0 (04-04-2018 - CA)
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