Workers Compensation Law
 
Thomas Larsen v. Citibank, FSB Southern District of Florida Federal Courthouse - Miami, Florida

Plaintiff David Johnson filed a putative class-action suit against Defendant KeyBank National Association in 2010, alleging that KeyBank improperly manipulated the order of debit card transactions in customer accounts in order to maximize collection of overdraft fees. This appeal relates not to the substance of Johnson’s suit but to the enforceability of an arbitration provision contained in the a

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Doris Racher v. Westlake Nursing Home Limited Partnership, d/b/a Quail CReek Nursing and Rehabilitation Center Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Eryetha Mayberry was abused by two certified nursing assistants while in
the care of Quail Creek Nursing Home, operated by Westlake Nursing Home
Limited Partnership and Westlake Management Company (collectively “Quail
Creek” or “Westlake”). Mrs. Mayberry’s three daughters (collectively
“plaintiffs”) filed this diversity action against Westlake under Oklahoma law for
negligence,

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RSB Vineyards, LLC v. Bernard A. Orsi

This is a breach of warranty action in the absence of a warranty. Plaintiff RSB
Vineyards, LLC (RSB) purchased a vineyard jointly owned by the four defendants,
including a residence that defendants had renovated and converted into a wine tasting
room. RSB later learned that the renovated residence was structurally unsound for
commercial use and was forced to demolish it.
In res

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Janell Howard v. City of Coos Bay Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
I
A
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha

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Tammy D. Mahmoodjanloo v. Behrooz Mahmoodjanloo

¶1 This is an appeal by Behrooz Mahmoodjanloo, father and custodial parent of two daughters, from the trial court's order denying his post-decree effort to relocate with his children to New York. Father argues the trial court misapplied the statutory burden of proof set forth in 43 O.S. Supp. 2004, § 112.3,1 the new relocation act, and we agree. He complains of the new statute's failure to follow

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Southern Bakeries, LLC v. National Labor Relations Board United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

Some production and sanitation employees of Southern Bakeries ("Southern"
or "company") attempted several times to end their representation by the Bakery,
Confectionary, Tobacco and Grain Millers Union, Local 111 ("union"). The National
Labor Relations Board ("NLRB" or "Board") twice prevented union decertification
votes due to Southern's unfair labor practices that would have tain

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State of Oklahoma v. Montez Eugene Davis Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - Man Convicted Of Running Over His Uncle In A Parking Lot and Leaving The Scene

The State of Oklahoma charged Montez Eugene Davis, age 24, with:

Count # 1. Count as Filed: HR1, LEAVING SCENE OF FATALITY COLLISION, in violation of 47 O.S. 10-102.1
Date of Offense: 05/06/2017
Party Name Disposition Information
DAVIS, MONTEZ EUGENE Disposed: DEFERRED, 09

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United States of America v. Bob Buford Federal Courthouse - Peoria, Illinois

Peoria, IL - Former President of UAW Local 2419 Danville Sentenced to Prison for Embezzling Union Funds

A former president of United Auto Workers Local 2419, in Danville, Ill., Bob Buford, was sentenced on September 21, 2017 to a term of 21 months in federal prison for mail fraud related to embezzling union funds. Chief U.S. District Judge James E. Shadid sentenced Buford, 54, of the 100

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Raymond Severson v. Healthland Woodcraft, Inc. United States Court of Appeals for the Eighth Circuit - St. Louis, Missouri

From 2006 to 2013, Raymond Severson worked for Heartland Woodcraft, Inc., a fabricator of retail display fixtures. The work was physically demand-ing. In early June 2013, Severson took a 12-week medical leave under the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq., to deal with serious back pain. On the last day of his leave, he underwent back surgery, which
2 No. 15-3754
re

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Sargon Enterprises, Inc. v. Browne George Ross, LLP

Respondent Browne George Ross LLP (BGR) represented
appellant Sargon Enterprises Inc. (Sargon) in long-running
litigation against the University of Southern California (USC).
After that litigation concluded, Sargon filed the present legal
malpractice action against BGR. BGR petitioned to compel
arbitration, and the superior court granted the petition and
ordered the parties

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Creative Vision Resources, L.L.C. v. National Labor Relations Board Fifth Circuit Court of Appeals - New Orleans, Louisiana

Creative Vision Resources, L.L.C., succeeded another company as the staffing provider for garbage trucks in New Orleans. It set its own initial terms and conditions of employment instead of bargaining with the incumbent union. The union filed an unfair-labor-practice charge against Creative, alleging violations under Section 8(a) of the National Labor Relations Act. The administrative law judge co

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Gerardo Medina v. South Coast Car Company, Inc.

In June 2013, plaintiff and respondent Gerardo Medina (plaintiff or Medina)
purchased a used 2008 Audi A4 automobile (2008 vehicle) from defendant and appellant
South Coast Car Company, Inc. (SCCC). Defendant and appellant Veros Credit, LLC
(Veros) subsequently accepted an assignment of Medina's retail installment sales contract
(RISC) (SCCC and Veros are sometimes collectively re

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Michael Souryavong v. Lackawanna County Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

This employee-overtime appeal raises questions as to
the nature of the evidence that is sufficient to create a jury
question on the purported “willfulness” of an employer’s nonpayment
of overtime. The question matters because a finding
of willfulness expands the limitations period for claims under
the Fair Labor Standards Act (“FLSA”), in effect permitting a
plaintiff to re

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Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al. Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa

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America ex rel. Salina Savage, Savage Logistics LLC, vs. Washington Closure Hanford LLC, Federal Engineers and Constructors, Inc., Sage Tec LLC, and Laura Shikashio Federal Courthouse - Spokane, Washington

Spokane, WA - Hanford DOE Subcontractor Agrees to Pay $2.0 Million to Settle Allegations of Small Business Fraud

Federal Engineers & Constructors (FE&C), a subcontractor at the Department of Energy’s (DOE) Hanford Site, has agreed to pay $2 Million ($2,000,000) to resolve allegations that it violated the False Claims Act (FCA) in connection with a number small business subcontracts with D

More...   $2000000 (09-25-2017 - WA)

Vallejo Police Officers Association v. City of Vallejo

The Vallejo Police Officers Association (VPOA) petitioned the superior court for
a writ of mandate alleging that the City of Vallejo (City) engaged in bad-faith bargaining
in violation of state law and then unilaterally imposed contract terms that impaired
VPOA members’ vested rights to retiree medical benefits that covered insurance
premiums up to the full cost of a Kaiser health

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Midland Funding LLC v. Rosa Gonzales

Midland Funding LLC appeals the trial court’s denial of a motion for new
trial, which Midland Funding filed after the trial court entered a post-answer, default
judgment against it because it failed to appear at trial. Attached to Midland
Funding’s motion for new trial was the affidavit of Brian Staley, one of five attorneys
listed as counsel for Midland Funding on its petition. In

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Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R&D International v. Alliance Riggers & Constructors, LTD El Paso County Courthouse - El Paso, Texas

Appellants, Linda S. Restrepo and Carlos E. Restrepo d/b/a Collectively RDI Global Services and R & D International, appeal from a judgment awarding damages in the amount of $125,775 to Appellee, Alliance Riggers & Constructors, Ltd. (Alliance Riggers).1 We affirm.
FACTUAL SUMMARY
Alliance Riggers has been in operation since 1978, and its business includes crane service as well as pre-cast

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Edward Bujnoch v. National Oilwell Varco, L.P. Harris County Courthouse - Houston, Texas

Amanda Bujnoch was a passenger in a vehicle that slid off the roadway and
rolled over after the vehicle encountered some oil-based mud cuttings. Amanda was
ejected from the vehicle and killed. National Oilwell Varco, L.P (NOV) had loaded
the mud into an open-top dump trailer that
2
company (Big Red). Neither Big Red nor NOV ensured that the truckload of mud
had been secured

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United States of America v. David H. Brooks Federal Courthouse - Albany, New York

13 On September 14, 2010, David H. Brooks was convicted in the United
14 States District Court for the Eastern District of New York (Seybert, J.) after a jury
15 trial on multiple counts of offenses relating to securities fraud, mail and wire
16 fraud, and obstruction of justice. He was also convicted of related tax offenses
17 based on his guilty pleas, which occurred after the ju

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Donadl Dewayne Moore v. Warr Acres Nursing Center, LLC

¶1 We retained this cause to address the dispositive issue of whether terminating a licensed practical nurse for missing work in a nursing center based on vomiting on the job and a doctor's note admitting that he should not work for three days due to an infection with influenza would violate public policy.1 We hold that it would. The public policy behind precluding a nursing home employee from wor

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THOMAS C. KENKEL, M.D. and ROBERT GOLD, M.D., Plaintiffs/Appellees, v. JOSEPH PARKER a/k/a JOSEPH G. PARKER, Defendant/Appellant, and ROBERT BLANKENSHIP, M.D., CHRIS M. BOXWELL, M.D., WILLIAM BURNETT, M.D., JOHN CATTANEAO, M.D., ERIC ENGLES, M.D., MARSHA HOWERTON, M.D., FRANK FORE, M.D., BARBARA FRIES M.D., E. BRADLEY GARBER, M.D, ROBERT GARRETT, M.D., JOEY MANDUANO, D.O., WILLIAM SAWYER, M.D., VICKI BAKER, M.D., LANCE MILLER, M.D., Plaintiffs/Third Party Defendants/Intervenors.

¶1 The issue presented is whether shareholders, uninvolved in the management of a bankrupt corporation which was without workers' compensation insurance, may be held personally liable for a workers' compensation court award to an employee. We hold that, under such circumstances, shareholders cannot be held personally liable for the payment of the employee's workers' compensation award.

AL

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Robert Jude Wilber v. Robert Curtis; Brian Kinsella; Michael Rogers Federal Courthouse - Boston, Massachusetts

This appeal concerns a challenge
to a summary judgment ruling that dismissed a lawsuit that a
Massachusetts property owner brought against three police
officers. The suit addressed the owner's arrest for actions that
he took in connection with his objection to the clearing of
vegetation on his property by the work crew for an electrical
utility, which held an easement to th

More...   $0 (09-21-2017 - MA)

Christopher A. Brown v. LaFerry's LP Gas Co., Inc. United States Court of Appeals for the Tenth Circuit Denver, Colorado

Christopher A. Brown sued LaFerry’s LP Gas Company, Inc. (“LaFerry’s”) for
race discrimination and retaliation in violation of Title VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000e to 2000e-17 (2012). The district court dismissed Brown’s
complaint for failure to state a claim. Exercising jurisdiction under 28 U.S.C.
§ 1291, we affirm.
2
I
Mr. Brown alleges as fo

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Cynthia A. Casalina v. Rick Perry United States Court of Appeals for the Tenth Circuit Denver, Colorado

In this pay discrimination case, brought under the Equal Pay Act (EPA), 29 U.S.C.
§ 206(d), Cynthia A. Casalina appeals from a district court order that entered summary
judgment in favor of the Secretary of Energy. We exercise jurisdiction under 28 U.S.C.
§ 1291 and affirm.
2
BACKGROUND
Because the parties are familiar with the factual contours of Casalina’s
employment,

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