Workers Compensation Law
 
City of Fontana v. California Department of Tax and Fee Administration, City of Ontario, Real Parties in Interest

If a municipality imposes a sales tax, the State Board of Equalization (Board or
BOE) has the statutory authority to collect and then remit the tax back to the
municipality. But what if more than one municipality claim that the taxable sale occurred
within its jurisdiction? Included in the Board’s authority is the power to determine where
sales of personal property occur, and the c

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Derrick Allen v. Envirogreen Landscape Professionals, Inc.

Derrick Allen appeals the summary judgment dismissal of his retaliation claim based on Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and the denial of his motion for reconsideration of the judgment. For the following reasons, we AFFIRM.
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent e

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UNITED STATES OF AMERICA v. CALEB GRAY-BURRISS UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Defendant Caleb Gray-Burriss founded the National Association of Special Police and
Security Officers (“NASPSO”) in the 1990s and served the labor union in various high-ranking
positions. The government’s 19-count Second Superseding Indictment, filed in August 2012,
charged Gray-Burriss with “two distinct schemes to steal from the union and its members.”
United States v. Gray

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Samuel Topchain v. JPMorgan Chase Bank, N.A. Missouri Court of Appeals - Western District Courthouse - Kansas City, Missouri

Samvel Topchian appeals the judgment of the Circuit Court of Jackson County, Missouri,
granting summary judgment to JPMorgan Chase Bank, N.A. (Chase), Martin, Leigh, Laws &
Fritzlen, PC (MLLF), and Select Portfolio Servicing, Inc. (SPS) on Topchian’s claims of breach
of contract (against Chase), violations of the Missouri Merchandizing Practices Act (MMPA)
(against Chase, MLLF, and

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United States of America v. Ronald David Johnson District of Minnesota Federal Courthouse - Minneapolis, Minnesota

Minneapolis, MN - Corcoran Man Sentenced To More Than 10 Years In Prison For Multi-Million Dollar Fraud In The Bakken Oil Fields

Ronald David Johnson, 51, was sentenced to 126 months in prison for stealing more than $2.1 million from victims who were hoping to invest successfully in the North Dakota oil boom. On June 19, 2017, following a five-day trial, a jury convicted JOHNSON on nine c

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Malissa Julian v. Glenair, Inc.

Appellant Glenair, Inc., challenges the denial of its motion to
compel arbitration of respondents’ claim under the Labor
Code Private Attorneys General Act of 2004 (PAGA; Lab.
Code, § 2698 et seq.). Glenair contends an agreement
respondents executed during their employment with the
company was an enforceable postdispute agreement
obligating them to arbitrate the claim. We h

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Village of Bedford Park, et al. v. Expedia, Inc., et al. Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Thirteen Illinois municipalities
(“the municipalities”) assert that the Appellees‐Cross‐Appellants,
which are online travel agencies (“OTAs”), have withheld
money owed to them under their local hotel tax ordinances.

The OTAs operate their online travel websites under
the “merchant model”; customers pay an OTA directly to reserve
rooms at hotels the OTA has

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Arnetia Joyce Robinson v. Federal Housting Finance Agency Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Appellant Arnetia Joyce Robinson is a
stockholder in the Federal National Mortgage Association (“Fannie Mae”) and the Federal Home
Loan Mortgage Corporation (“Freddie Mac”; collectively, the “Companies”). During the
economic recession in 2007–2008, Congress enacted the Housing and Economic Recovery Act
of 2008 (“HERA”), which created an agency, Appellee Federal Housing Finance Agen

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Citizens of Humanity v. Applied Underwriters, Inc.

Defendants and appellants Applied Underwriters, Inc.
(Applied Underwriters), California Insurance Company (CIC),
Continental Indemnity Company (CNI), Applied Risk Services,
Inc., Joan Sheppard, Westin Fredrick Penfield, and Michael Scott
Wichman (collectively, defendants) appeal from an order denying
their petition to compel arbitration of a dispute with plaintiffs
and resp

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State of Louisiana v. Robert Matthews. State of Louisiana Court of Appeal, Fourth Circuit

Officer Calvin Banks testified that on June 20, 2011, he and his partner, Officer Watson, responded to a call of three suspicious people, all of whom were wanted by police, selling drugs at 1517 Franklin Avenue. When the officers arrived at 1517 Franklin Avenue, they observed two unknown black females and one unknown black male, the defendant. Officer Banks requested that the subjects provide him

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Ronald J. Schilling, Jr. v. Schmidt Baking Company, Inc. District of Maryland Federal Courthouse - Baltimore, Maryland

In this appeal, we consider whether the district court erred in dismissing a complaint filed by three individuals against their former employer, Schmidt Baking Company, Inc., under the Fair Labor Standards Act (the FLSA), 29 U.S.C. § 201 et seq., the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl. Art. § 3-401 et seq., and the Maryland Wage Payment and Collection Law, Md. Code Ann., Lab. &

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Rebeca D. Balderas-Ramirez v. Anthony Carl Felder Travis County Courthouse - Austin, Texas

Rebeca D. Balderas-Ramirez appeals a final summary judgment that she take nothing
on claims she had asserted against Anthony Carl Felder following an automobile collision. The
pivotal issues on appeal concern whether Balderas-Ramirez presented any competent evidence of
property damages—including several years’ worth of claimed loss-of-use damages—and whether
any such damages exceed

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The Ninetieth Minnesota State Senate, et al. vs. Mark B. Dayton,  in his official capacity as Governor of the State of Minnesota Minnesota Gov. Mark Dayton

On May 25, 2017, the Ninetieth Minnesota State Senate and the Ninetieth Minnesota
State House of Representatives (collectively, the Legislature) each adjourned sine die,
ending the special session that began on May 23, 2017. On May 30, 2017, the Governor
vetoed line-item appropriations to the Legislature for its biennial budget. The Legislature
commenced this action, contendi

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United States of America, ex rel. Anthony R. Spay v. CVS Caremark Corporation Third Circuit Court of Appeals - Philadelphia, Pennsylvania

We are asked to consider the viability of two potential defenses to an alleged False Claims Act violation that arise in the context of the Medicare Part D Program: the government knowledge inference, which can defeat a finding of scienter in certain circumstances, and the element of materiality.1 The District Court relied upon the government knowledge inference doctrine in dismissing the claims. A

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Cody Allen Waters v. The State of Texas Fight that left woman shot in head started over bathroom

At approximately 1:30 a.m. on January 24, 2014, Waters was at a restaurant and bar located
in a shopping center in north San Antonio. Waters was sitting at the bar visiting with one of the
bartenders, Jennifer Kirk. The bar was not crowded at that time; however, a group of six people,
Debbie and Jaime Arredondo, John and Yvonne Smithwick, Liliana Bergholtz, and Jeff Hoot, were

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KAMO ELECTRIC COOPERATIVE, INC. v. CURTIS L. NICHOLS and LORI D. NICHOLS

Kamo and K-Powernet sought a power line/telecommunications easement across approximately 3.9 acres of rural land that was used primarily for cattle. The parties were unable to agree on a negotiated price, and a condemnation proceeding ensued. The appointed commissioners found that the value of the property taken, plus damages to the remainder, totaled $20,000. Both parties objected, and the matter

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Eileen Bransten v. State of New York New York Court of Appeals Hall - Albany, New York

The issue presented on this appeal is whether Civil Service Law § 167 (8), as amended, authorizing a reduction of the State's contribution to health insurance benefits for State employees, including members of the State judiciary, violates the Judicial Compensation Clause [*2]of the State Constitution (NY Const, art VI, § 25 [a]). We conclude the State's contribution is not judicial compensation p

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GLORIA J. JACKSON, et al. v. THE UNITED STATES

In September 1889, the Georgia legislature granted the Eatonton & Machen Railroad Company a charter to “construct, lay out, maintain, equip and operate a line of railroad from the town of Eatonton, in Putnam county, to the town of Machen, in Jasper county, in this State . . . .” Pls.’ Mot. Summ. J. App. C, at C-4. The railroad’s charter incorporated Section 1689(l) of the Georgia Code, stating: <

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STATE OF OHIO - vs - MICHAEL S. WORKMAN

This is a consolidated case involving two victims of Workman's sexual abuse.
The first case involved allegations of sexual abuse committed against R.C., a 13-year-old
Clermont CA2016-12-082 CA2016-12-083

- 2 -
friend of Workman's stepson. Following the disclosure of this incident, another victim, E.Z.,
came forward with allegations that Workman had

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Mary Anna Whitehall v. County of San Bernardino San Bernardino County Courthouse - San Bernardino, California

Plaintiff, Mary Anna Whitehall, was a social worker for the San Bernardino
County Children and Family Services (CFS or the County) who sought legal advice
pertaining to any liability she might have for submitting misleading information and
doctored photographs to the juvenile court at the direction of her superiors. Her counsel
2
prepared a filing for the juvenile court to app

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Kristy Douglas v. Xerox Business Services, L.L.C. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

In this appeal, we address an issue of first impression in
our circuit regarding the minimum-wage provision of the
Fair Labor Standards Act (“FLSA”). Specifically, we
consider whether the relevant unit for determining
minimum-wage compliance is the workweek as a whole or
each individual hour within the workweek. Although the
statutory text and context do not conclusively an

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STATE OF CONNECTICUT v. EDDIE N. C.* Richard C. Lee United States Courthouse, New Haven, CT

The defendant, Eddie N. C., appeals from the judgment of conviction, rendered after a jury trial, of three counts of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (2); three counts of risk of injury to a child in violation of General Statutes § 53-21 (a) (2); and one count of risk of injury to a child in violation of General Statutes § 53-21 (a) (1). The defendan

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Amber Gascho v. Global Fitness Holdings Sixth Circuit Court of Appeals Courthouse - Cincinnati, Ohio

The contempt power ensures that the judiciary’s mandates are
authoritative rather than advisory. But an imperious judiciary is just as problematic as a
powerless one. So the contempt power is limited: A party cannot be held in contempt unless it
has violated a definite and specific court order. Exactly when a court order becomes definite and
specific is the question of this appeal.

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Dwayne Younger v. The State of Texas SECOND COURT OF APPEALS, FORT WORTH, TEXAS

According to testimony by L.W. (Lacy),3 in the fall of 2015, she and
Younger began living together in a recreational vehicle behind the home of
Younger’s mother, C.Y. (Carol). Younger and Lacy fought frequently, and Lacy
“stayed away from him as much as [she] could to avoid conflict.”
One early morning in November 2015, Lacy became concerned about
Carol’s health; accord

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David Smith v. Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas and POS Card Services, LLC Harris County Courthouse - Houston, Texas

In two issues in this contractual dispute, appellant David Smith challenges the trial court’s denial of his motion to transfer venue and grant of final summary judgment in favor of appellees, Brian Smith, Cash Register Sales and Service of Houston d/b/a CRS Texas, and POS Card Services, LLC. The trial court rendered summary judgment against David on his breach of contract claim and in favor of

More...   $0 (11-09-2017 - TX)

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