Workers Compensation Law
 
STATE OF IOWA vs. RICHARD GENE SHAWHAN Man jailed for busting head open with bat

On December 21, 2014, Shawhan did not return to the Fort Des Moines
residential correctional facility. At that time, Butts and Kimberly Goemaat-Clark
(Clark) were living together in an apartment and were allowing Brian Mabrier and
Nicole Martin to stay with them. While on escape status, Shawhan occasionally
stayed with Butts and Clark.
On December 26, Butts, Clark, Ma

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Sheldon G. Adelson v. David A. Harris, Marc R. Stanley and National Jewish Democratic Council Second Circuit Court of Appeals - New York, New York

Familiarity with the facts of this case, as set forth in this
court’s decision in Adelson v. Harris, 774 F.3d 803 (2d Cir. 2014), is
assumed. This case involves defamation claims brought by
Appellant Sheldon Adelson against Appellees National Jewish
Democratic Council, its Chair, Marc Stanley, and its President and
CEO, David Harris. Appellant’s claim of defamation is based on<

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Jacqueline Lewis v. City of Union City, Georgia, Chief of Police Charles Odom Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Jacqueline Lewis, an African-American police detective in Union City,
Georgia, was terminated abruptly from her position after about ten years of service.
The ostensible reason was that Ms. Lewis was absent without leave—this
notwithstanding that the Union City Police Department (“UCPD”) only days
earlier had placed her on indefinite administrative leave pending resolution of the

More...   $0 (12-15-2017 - GA)

STATE OF NEW JERSEY v. WILLIAM BURKERT Supreme Court of New Jersey

On September 30, 2011, Halton filed three separate complaints, alleging that Burkert committed the petty disorderly persons offense of harassment on January 8, 9, and 11, 2011, in violation of N.J.S.A. 2C:33-4(c).1 A three-day trial was held in
1 A petty disorderly persons offense is punishable by up to thirty days in jail. N.J.S.A. 2C:43-8.
5
the Elizabeth

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UNITED STATES OF AMERICA v. JAMES MICHAEL WELLS United States Court of Appeals for the Ninth Circuit

Wells’ convictions arise out of the deaths of Richard W. Belisle and James A. Hopkins, federal employees and Wells’ co-workers at the United States Coast Guard (“USCG”) antenna maintenance facility, located at the USCG Communication Station (“COMMSTA”) on Kodiak Island, Alaska. COMMSTA consists of two main buildings: a large operations center, known as T1; and the antenna maintenance facility, or

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Consolidation Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor; Robert Thompson Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Consolidation Coal Company seeks review of the award to Robert Thompson
by the Department of Labor (DOL) of miner’s benefits under the Black Lung
Benefits Act (BLBA), 30 U.S.C. §§ 901-944. Consolidation’s principal legal
arguments on appeal were recently resolved against its position in Consolidation
Coal Co. v. Director, OWCP (Noyes), 864 F.3d 1142, 1144 (10th Cir. 2017)
2

More...   $0 (12-20-2017 - CO)

SECRETARY OF LABOR V. CRANESVILLE AGGREGATE COMPANIES, INC., DBA SCOTIA BAG PLANT

This appeal involves the interplay of two federal statutes: the OSH Act and the Mine Act, both administered under the authority of the Secretary of Labor. The Secretary of Labor is authorized to enforce the OSH Act, which is designed to ensure the safe working conditions for every worker in the nation. 29 U.S.C. § 651(b). When Congress enacted the OSH Act, however, certain federal agencies alre

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Jacqueline Benjamin v. B & H Education, Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Plaintiffs are students of cosmetology and hair design at
schools in California and Nevada operated by defendant B&H
Education, Inc., under the name of Marinello Schools of
Beauty. Plaintiffs claim that they are employees within the
meaning of the Fair Labor Standards Act (“FLSA”), and
under California and Nevada state law, on the ground that
much of their time is spent in

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United States of America v. James Michael Wells District of Alaska Federal Courthouse - Anchorage, Alaska

Defendant-Appellant James Michael Wells (“Wells”) appeals from his jury trial convictions for two counts of First Degree Murder, in violation of 18 U.S.C. § 1111(a), (b); two counts of Murder of a Federal Employee, in violation of 18 U.S.C. §§ 1114, 1111; and two counts of Use of a Firearm in Relation to a Crime of Violence Resulting in Death, in violation of 18 U.S.C. § 924 (c), (j). Wells was se

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State of Oklahoma v. Blake Kenneth Hagin, Gordon Rollins McAuliff and Sevey Silva Price Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - The State of Oklahoma charged Blake Kenneth Hagin, Gordon Rollins McAuliff and Sevey Silva Price with:

Count # 1. Count as Filed: WE1, USE OF A VEHICLE IN DICHARGE OF A WEAPON, in violation of 21 O.S. 652
Date of Offense: 03/10/2017
Party Name Disposition Information
Mcauliff, Gordon Rollins Disposed: CONVICTION, 12/18/2017.
Count as Disposed: USE OF A VEH

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Saul M. Kaufman and J.G. Goodman v. American Express Travel Related Services Company, Inc. Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

aul Kaufman, as lead plaintiff in a
class action, sued American Express Travel Related Services
2 No. 16‐1691
Company, Inc. (“Amex”), alleging claims for breach of contract,
unjust enrichment, and statutory fraud related to
Amex’s general‐use, prepaid gift cards. Just over two years
after Kaufman filed the class action, Kaufman (on behalf of
the class) and A

More...   $0 (12-07-2017 - IL)

Denise Michelle Duncan v. Wal-Mart Stores, Inc.

Respondent Denise Michelle Duncan sued Wal-Mart Stores, Inc.
(Wal-Mart) for personal injuries she sustained at one of Wal-Mart’s stores while acting
within the course and scope of her employment with Acosta, Inc. (Acosta). The trial
court entered judgment finding Wal-Mart liable for Duncan’s injuries. Under Labor
Code sections 3852 and 3856,1
appellant Hartford Accident & Indem

More...   $0 (12-17-2017 - CA)

Rodger Hartnett v. San Diego County Office of Education

Appellants and defendants San Diego County Office of Education (Office) and
Randolph E. Ward appeal from a judgment in favor of plaintiff and respondent Rodger
Hartnett reinstating his employment and awarding him $306,954.99 in back pay, benefits,
and prejudgment interest. Defendants contend (1) collateral estoppel precluded the trial
court from granting Hartnett's requested relief

More...   $0 (12-15-2017 - CA)

Damon Lavelle Asberry v. The State of Texas TENTH COURT OF APPEALS, WACO, TEXAS

Damon Lavelle Asberry was convicted of murder and sentenced to life in prison.
Five years after his conviction, Asberry filed a motion for DNA testing. Based on
the motion and the agreement of the parties, the trial court ordered post-trial DNA
testing. After the results were obtained and a hearing held regarding those results, the
trial court made a finding unfavorable to A

More...   $0 (12-14-2017 - TX)

Melanie Kaye Smith v. The State of Texas Court of Appeals Ninth District of Texas at Beaumont

In April 2014, police arrested two individuals on warrants from another
county charging them with credit card abuse. The man worked for a traveling
carnival, which at that time was being operated at the Montgomery County
fairgrounds. The other person who was arrested was the man’s girlfriend, who was
living with him. Department of Public Safety Sergeant Josh Pullen interviewed

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David Richard Sizemore v. Nancy A. Berryhill United States Court of Appeals for the Third Circuit

David Sizemore applied for disability benefits from the Social Security
Administration in July 2011, claiming that he was disabled due to diabetes and bipolar
disorder. After his application was denied by an administrative law judge (“ALJ”), who
found that Sizemore was not disabled, and review was denied by the Appeals Council, he
commenced this action in the district court. The di

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Pacific Gas and Electric Company v. Hart High-Voltage Apparatus Repair and Testing Co., Inc.

Plaintiff Pacific Gas and Electric Company (PG&E) sued defendant HART HighVoltage
Apparatus Repair and Testing Co., Inc. (HART) for negligently servicing a large
transformer at a hydroelectric power plant and for damages under Public Utilities Code1
section 7952. PG&E alleged it incurred dirct and indirect costs of approximately $8.1
million.
HART filed a motion for summary adj

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James L. Joyce v. Maersk Line, Ltd. District of New Jersey Federal Courthouses

Today we stop swimming against the tide of opinion on an important question of maritime law. Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer – a contract that includes rates of maintenance, cure, and unearned wages – will not be reviewed piecemeal by courts unless there is evidence of
3
unfairness in the collective bargai

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State of Oklahoma v. Christina Calhoun Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Woman Sentenced To Life In Prison For Abusing Her Daughter

The State of Oklahoma charged Christina Calhoun, age 27, with child neglect in violation of 21 O.S. 843.5 (C) for failing to property care of her daughter. The child has cerebral palsy and weighed less than 20 pounds at age 5.

Title 21 O.S. Section 843.5 (C) provides:

C. Any parent or other person wh

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Brian Christopher Keith v. The State of Texas Murder trial of Hardin man accused of revenge killing of baby ends with hung jury

The complainant N.K., born on May 31, 2013, was the infant daughter of S.K.1
While Keith was listed on N.K.’s birth certificate as the father, it was uncontroverted
that he was not the biological father of the child. During an extended period of
absence from the home by Keith, S.K. had an affair with another man, which
produced the child. There was testimony at trial that Keith

More...   $0 (12-12-2017 - TX)

Kathy Nguyen and Tho Nguyen v. Samantha Lee Luster and Evelyn Vellecia Williams

Tulsa, OK - Kathy Nguyen and Tho Nguyen sued Samantha Lee Luster Evelyn Vellecia Williams and Central State Community Services of Oklahoma, Inc. claiming to have been injured or damaged in a car wreck which defendant admitted liability.

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: NGUYEN, KATHY
Filed Date: 07/03/2014
Party Name Disposition Information
Defen

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Debvra Cherkaoui v. City of Quincy District of Massachusetts Federal Courthouse - Boston, Massachusetts

Debra Cherkaoui ("Cherkaoui"
or "Plaintiff") appeals from the district court's grant of summary
judgment in favor of her former employer, the City of Quincy,
Massachusetts ("City" or "Defendant"), on her claims of employment
discrimination, retaliation, and constructive discharge. She
argues that the district court erred by adopting the magistrate
judge's Report and Recomme

More...   $0 (12-04-2017 - MA)

Town of Westport v. Monsanto Company, Solutia, Inc. and Pharmacia Corporation District of Massachusetts Federal Courthouse - Boston, Massachusetts

This is an appeal from the entry
of judgment for the defendants in a products liability case brought
by the plaintiff, Town of Westport ("Westport"). The defendants
are Monsanto Company, Solutia, Inc., and Pharmacia Corporation
(collectively "Pharmacia"). Westport filed suit under
Massachusetts law against Pharmacia, seeking to recover the cost
of remediating Westport Middl

More...   $0 (12-12-2017 - MA)

Virgil Jensen v. U-Haul Company of California

In this tort action, plaintiffs and respondents Virgil Jensen and Glenda Jensen
contend that they suffered damages caused by a negligently maintained rental truck,
which blew a tire while Virgil Jensen was driving it. Defendant and appellant U-Haul
Co. of California (UHCA) appeals from the trial court’s denial of its motion to compel
1
arbitration. UHCA contends that plaintiffs

More...   $0 (12-11-2017 - CA)

Mary Beth Mantiply v. Richard D. Horne and Patricia Nelson Horne Eleventh Circuit Court of Appeals - Elbert P. Tuttle Federal Courthouse - Atlanta, Georgia

Mary Mantiply appeals the district court’s order awarding Richard and Patricia Horne1 the attorneys’ fees and costs that they incurred because of her unsuccessful appeal of the damages award to the Hornes for her violation of the Bankruptcy Code’s automatic stay provision. This case involves an issue of first impression in this Circuit: whether the Bankruptcy Code authorizes payment of attorneys’

More...   $0 (12-11-2017 - AL)

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