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Disability Law
 
Elise Hilton v. Catherine Mish Sixth Circuit Court of Appeals for the Sixth Circuit

Elise and Ed Hilton, individually, and as next friends of their
developmentally-disabled daughter, EH (collectively, the “Hiltons”), appeal the district court’s
dismissal of their complaint. They argue that the district court erred in three respects. They
allege that Catherine Mish, City Attorney for Grand Rapids, was acting under color of state law
when she sent two emails from he... More...
   $0 (01-05-2018 - MI)

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (01-04-2018 - LA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

STATE OF OHIO v. JARELLE N. GUICE

Late one evening, Mr. Guice ignored a police officer’s signal to stop his car and
led the officer on a brief car chase. At the time, Mr. Guice was the subject of a BOLO (“be on
the lookout”) because he had threatened his ex-girlfriend several hours earlier. The chase ended
when Mr. Guice, having driven to the duplex community where his ex-girlfriend was staying,
crashed his c... More...
   $0 (01-01-2018 - OH)

David M. Cox v. Provident Life & Accident Insurance Company Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

David Cox challenges a summary judgment in favor of Provident Life & Accident Insurance Company (“Provident”) on breach-of-contract and tortious-breach-of-contract claims stemming from two disability insurance policies that Provident issued to Cox. Under the policies, Cox is entitled to receive disability benefits for life if, and only if, his disability resulted from injury rather sick-ness. The ... More...   $0 (01-01-2018 - MS)

STATE OF OHIO v. KYLE MCDOWELL

On October 13, 2014, HB reported that she had been raped by
McDowell on October 11, 2014. Trial Tr. 296-298. HB and McDowell had both
attended the same high school and had known each other for some time. Id. at 413,
417. On the evening of October 11, 2014, McDowell was house sitting for his
neighbors and invited HB to come visit with him at his neighbor’s house. Id. at 744... More...
   $0 (12-31-2017 - OH)

STATE OF OHIO v. TONY L. SCOTT

This case arises from the September 30, 2013, shooting death of Dominque
Gentry. On that date, Gentry and his friend, David Banks, were in Gentry’s vehicle.
Gentry was driving a black Chevrolet Tahoe and Banks was in the passenger seat. At
approximately 7:28 p.m., they arrived at the All-in-One gas station located in Dayton.
Gentry went into the building, made a purchase,... More...
   $0 (12-31-2017 - OH)

STEVEN DEAN MCLAREN v. THE STATE OF WYOMING McLaren Sentenced For Five Felony Counts

Mr. McLaren owned 57 cats. He and his girlfriend, Jennifer Evans, referred to the cats as their “kids” or “the kid.” On March 10, 2014, one of Mr. McLaren’s exotic Savannah kittens, Cameo, was sick, so he and Ms. Evans took it to a veterinary clinic for treatment. Mr. McLaren testified that he had injected “somewhere between a quarter and a third of a gram” of methamphetamine right before he no... More...   $0 (12-30-2017 - WY)

Melissa Koch v. Mack Trucks, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Eston, PA - Jury Finds In Favor of Mack Employee and Awards Her $675,000

Melissa Koch, age 50, sued Mack Trucks, Inc. on an employment discrimination theory under 42 U.S.C. 2000e claiming that she was discriminated against because of her sex and disability at Mack where she worked for 20 years. She claimed that she was passed over for more than 60 promotions that she applied for.
More...
   $675000 (12-30-2017 - )

STATE OF KANSAS v. BRADLEY S. STANLEY

In the early hours of August 14, 2015, Womack was receiving treatment at the Ottawa County Health Center after being beaten by her boyfriend at the time, Stanley. When Deputy Aaron Zeigler arrived at the hospital, he was initially unable to recognize Womack due to the bruising and swelling of her face. In assessing Womack, Zeigler noted her nose was bleeding, her mouth had blood around it, and th... More...   $0 (12-29-2017 - KS)

Christopher Steven Painter v. The State of Texas Man arrested for sex assault of a disabled person

In Appellant’s first issue, he argues that the evidence is insufficient to sustain his conviction because there was insufficient evidence to prove that Appellant used force or that the victim was unable to comprehend or resist the assault. In his second issue, Appellant contests the constitutionality of Section 22.011(b)(4) of the Texas Penal Code, which he argues is unconstitutional both on its ... More...   $0 (12-28-2017 - TX)

Gustavo Wahlenberg v. The State of Texas Jury convicts Montgomery County man, 73, of murder in self-defense trial

Wahlenberg was charged by indictment for killing Patrick Kelly by shooting
him with a firearm. Wahlenberg pleaded not guilty to the charge and the case was
tried to a jury, where Wahlenberg asserted self-defense and defense of a third party.
Wahlenberg lived with his disabled long-term girlfriend, Brenda1, in a mobile
home on a large rural tract of property in Montgomery Count... More...
   $0 (12-28-2017 - TX)

Michael J. Biestek v. Commissioner of Social Security Eastern District of Michigan Federal Courthouse - Detroit, Michigan

Plaintiff-Appellant Michael J. Biestek (“Biestek”) alleges that he became disabled on October 28, 2009, for purposes of receiving Disability Insurance Benefits and Supplemental Security Income under the Social Security Act. An Administrative Law Judge (“ALJ”) issued a partially favorable decision finding Biestek disabled beginning May 4, 2013, some three-and-a-half years short of the time he claim... More...   $0 (12-27-2017 - MI)

United States of America v. William R. Jones Central District of Illinois Federal Courthouse - Rock Island, Illinois

Rock Island, IL - Geneseo Man Sentenced to Eight Months in Prison for Stolen Valor Offenses

U.S. District Judge Sara L. Darrow today ordered William R. Jones, 68, of Geneseo, Ill., to serve eight months in federal prison for theft of government funds and making false statements about his military service to the U.S. Department of Veterans Affairs. Jones was also ordered to pay a fine of $... More...
   $0 (12-27-2017 - IL)

JORDY ROUSSE Vs. UNITED TUGS, INC

In this maritime personal injury case, plaintiff/appellant, Jordy Rousse
(“Rousse”), appeals the district court’s April 19, 2017 judgment granting the
motion for partial summary judgment filed by defendant/appellee, United Tugs,
Inc. (“United”), and dismissing Rousse’s claims for maintenance and cure. For the
reasons that follow, we convert the appeal to an application for supe... More...
   $0 (12-26-2017 - LA)

STATE OF LOUISIANA V. RALPH L. WILLIE Louisiana Fifth Circuit Court of Appeal

On October 17, 2013, the Jefferson Parish District Attorney filed a bill of
information charging defendant with one count of intentional possession of
pornography involving juveniles where the victim is under 13 years of age in
violation of La. R.S. 14:81.1(5)(a) [sic].1 Defendant was arraigned on December
11, 2013, and pled not guilty.
On July 25, 2014, pursuant to a ... More...
   $0 (12-26-2017 - LA)

Dale A. Wilkerson v. University of North Texas, et al. Eastern District of Texas Federal Courthouse - Beaumont, Texas

A Texas university declined to renew a lecturer’s contract. After several extensive but unsuccessful administrative appeals, that lecturer sued the school and its administrators, alleging a deprivation of his property interest in his job without due process and tortious interference with his employment con-tract. The district court denied summary judgment to the administrators on their immunity de... More...   $0 (12-25-2017 - )

Todd M. Babin v. Quality Energy Services, Inc. Eastern District of Louisiana Federal Courthouse - New Orleans, Louisiana

Todd M. Babin worked for Quality Energy Services, Inc., until he became disabled in 2012. He applied for short-term disability benefits through Quality Energy’s employee benefit plan. His application was denied in February 2013. In February 2014, he requested documents regarding both the short- and long-term disability plans, but he alleges that Quality Energy never sent those documents to him. Ba... More...   $0 (12-25-2017 - LA)

STATE OF IOWA vs. MARK BERNARD RETTERATH

According to the prosecution’s theory, Retterath was reenacting a
murderous plotline from an episode of Breaking Bad1 as he solicited associates
Aaron Sellers and J.R. to exact revenge against C.L., the young man who accused
Retterath of sexual abuse. The accusations of sexual abuse surfaced in January 2015, but the events
dated back more than ten years. As a young teenager,... More...
   $0 (12-24-2017 - IA)

STATE OF OHIO v. WILLIAM T. BROWN

In Case No. 2014 CR 01637, a Montgomery County grand jury issued an
indictment against Brown on May 29, 2014, charging him with one count of aggravated
robbery in violation of R.C. 2911.01(A)(1), plus a firearm specification; one count of theft
in violation of R.C. 2913.02(A)(1), plus a firearm specification; and one count of having a
weapon while under disability in violation ... More...
   $0 (12-23-2017 - OH)

STATE OF OHIO vs. ROBERT BUTTERY

On October 14, 2011, defendant-appellant Robert Buttery
admitted in juvenile court to committing acts which, had they been
committed by an adult, would have constituted two counts of gross sexual
imposition. The magistrate’s orders of November 17, 2011, each state that the
parties agreed that “this is a Tier I offense.” On December 2, 2011, Buttery
was committed to the D... More...
   $0 (12-23-2017 - OH)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

Westmoreland Coal Company v. Herskel D. Stallard, Director, Office of Workers' Compensation Programs, United States Department of Labor Fourth Circuit Court of Appeals - Richmond, Virginia

Petitioner Westmoreland Coal Company challenges a final decision and order by the U.S. Department of Labor Benefits Review Board (the “Board”) granting federal disability benefits to Respondent Herskel Stallard, a retired coal miner, under the Black Lung Benefits Act (the “Black Lung Act”), 30 U.S.C. § 901 et seq. The Board affirmed a decision by the Administrative Law Judge (“ALJ”) concluding tha... More...   $0 (12-21-2017 - VA)

In the Interest of J. S. B. v. Department of Family and Protective Services

In this accelerated appeal,2 appellant, L.S.B., challenges the trial court’s orders, entered after a bench trial, terminating her parental rights to her minor children, D.M.W., J.S.B., and E.L.B. (collectively, “the children”).3 In five issues, L.S.B. contends that the evidence is legally and factually insufficient to support the trial court’s findings that she engaged, or knowingly placed the chi... More...   $0 (12-21-2017 - TX)

Julie Lowery v. Houston Ford Lowery III

Appellant, Julie Lowery, appeals the trial court’s order that terminated spousal maintenance in favor of appellee, Houston Ford Lowery III. In three issues, Julie argues that (1) the trial court erred in terminating spousal maintenance and (2) Houston’s motion to clarify amounted to a collateral attack on the divorce decree.
2
We reverse.
Background
Julie and Houston entered into a... More...
   $0 (12-21-2017 - TX)

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