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Disability Law
 
Quail Ridge Senior Development,LLC v. Robert Erroll Brooks

¶1 Employer Quail Ridge Senior Development, LLC seeks review of an order of a three-judge panel of the Workers' Compensation Court,1 affirming the trial court's finding that Claimant Robert Erroll Brooks sustained a consequential injury to his right knee and ordering Employer to provide Claimant with reasonable and necessary medical treatment for that injury. Because the clear weight of the evide... More...   $0 (10-27-2014 - OK)

Rural Water District No. 1 v. City of Lawton

¶1 This appeal following summary proceedings arises from a dispute about charges assessed by The City of Lawton (City) for water sales to Rural Water District No. 1, Comanche County Water (Comanche -1), Oklahoma, Rural Water District No. 2, Comanche County, Oklahoma (Comanche-2), Rural Water District No. 3, Comanche County, Oklahoma (Comanche-3), and Pecan Valley Waterworks Association, L.L.C. (P... More...   $0 (10-27-2014 - OK)

United States of America v. Jerry Barnett

Brunswick, GA: Jerry Barnett, 64, of Brunswick, Georgia, was sentenced this week by United States District Court Chief Judge Lisa Godbey Wood to serve 5 months in prison and 5 months’ house arrest, to repay $82,864 in stolen proceeds, and to forfeit an additional $75,000 after earlier pleading guilty to stealing just over $82,000 in Social Security and Medicare benefits.

According to ev... More...
   $0 (10-24-2014 - GA)

Brian A. Koch v. Fores Drilling Co., LLC and Jared P. Zietl

COMES NOW the Plaintiff, BRIAN A. KOCH, and for his cause of action against the
Defendants, each of them, alleges and states as follows;
1. That this court has exclusive jurisdiction of the parties and subject matter of this action.
2. That at all relevant times mentioned herein, Plaintiff was and is a bonafide a resident of Cleveland County, State of Oklahom&
3. That at all releva... More...
   $1 (10-24-2014 - OK)

Citizen Center v. Scott Gessler

In May 2012, election officials in six Colorado counties (Larimer,
Jefferson, Boulder, Chafee, Eagle, and Mesa) had the theoretical ability to
learn how individuals voted because the ballots were traceable. Citizen
Center, a Colorado non-profit organization, sued the Secretary of State and
the clerks for five of the six counties, contending that the use of traceable
ballots vio... More...
   $0 (10-22-2014 - CO)

The City of Sugar Land v. Leon Kaplan

Leon Kaplan sued his former employer, the City of Sugar Land, complaining of unlawful discrimination under the Texas Commission on Human Rights Act (the “Act” or “TCHRA”). Kaplan asserted a single claim of age discrimination in his original petition, but after the close of discovery, he amended his pleadings and added a claim of disability discrimination. The City filed a plea to the juris... More...   $0 (10-16-2014 - TX)

Robert E. Kraai v. Bureau of Fire and Police Disabiity & Retirement Fund

At issue in this case is whether the City of Portland Bureau of Fire and 2 Police Disability and Retirement Fund (the fund) correctly denied claimant's application 3 for disability benefits. The fund appeals the reviewing court's general judgment granting 4 a writ of review setting aside the fund's denial of benefits to claimant. The fund contends 5 that the time limitation in the rule on which it... More...   $0 (10-15-2014 - OR)

In the Matter of the Compensation of Lisa R. Davis-Warren, Claimant.

Horizon Air Industries, Inc., petitions for reversal of an order by the 2 Workers' Compensation Board. At issue on review is the board's conclusion that 3 claimant, a flight attendant, suffered a compensable injury arising from an incident 4 aboard one of employer's aircraft. We conclude that substantial evidence supports the 5 board's findings that (1) claimant suffered an "injury" during the cou... More...   $0 (10-15-2014 - OR)

Cheniere Energy, Inc., Charif Souki, individually, and Greg Rayford, individually v. Azin Lotfi

Azin Lotfi sued her employer, Cheniere Energy, Inc., claiming her employment was wrongfully terminated. She also sued two of her co-workers, Charif Souki and Greg Rayford, for tortious interference with her employment at Cheniere.
In this accelerated appeal, Souki and Rayford challenge the trial court’s denial of their motion to dismiss the claims against them under Chapter 27 of the Civil P... More...
   $0 (10-07-2014 - TX)

Michele C. Tetreault v. Reliance Standard Life Insurance Company

The Employee Retirement Income
Security Act of 1974 (ERISA) governs employee benefit plans. 29
U.S.C. § 1001 et seq. Among other things, the statute permits
beneficiaries to go to court to challenge their plan's decision to
deny or cut off their benefits. Id. § 1132(a)(1)(B). Before
filing suit, however, beneficiaries must first use -- or, as it is
often put, "exhaust" --... More...
   $0 (10-06-2014 - MA)

Dorothy McCullum v. Orlando Regional Healthcare System, Inc. d/b/a Arnold Palmer Hospital for Children

It’s often said that the path to perdition is paved with good intentions. It might also be said that sometimes the road to the courthouse is littered with the efforts of well-meaning people who never thought they’d be taking the trip. This is one of those kind of cases.
When he was fourteen years old, D.F. was diagnosed with ulcerative colitis, a serious disease that affects the colon. He ... More...
   $0 (10-03-2014 - FL)

In Re: Craig Watkins

Craig Watkins, the elected District Attorney of Dallas County, filed a petition for a writ of mandamus1 in these pending capital murder cases arguing that the trial court improperly ordered a pretrial determination of whether the defendant is intellectually disabled.2 Because we
1 Relator first attempted to file its petition for writ of mandamus in the Texas Court of Criminal Appeals. That cou... More...
   $0 (10-03-2014 - TX)

David Eron Bouknight v. Cynthia Dianne Bouknight

David Eron Bouknight appeals from a final judgment approving the final accounting of the proceeds from the sale of a pickup truck. The pickup was the sole property awarded David in the final decree of divorce entered in this case. David’s points of error are overruled, and the judgment of the trial court is affirmed.
I. Background
David had been married to Cynthia Dianne Bouknight for ov... More...
   $0 (10-02-2014 - TX)

M.M. v. Lafayette School District

In this appeal we consider, among other matters, whether
a school district’s failure to provide educational testing data
to parents violated the procedural requirements of the
Individuals with Disabilities Education Act, 20 U.S.C.
§§ 1400–1487 (“IDEA” or “Act”). We conclude that it did.
We also conclude that the failure to provide the data
prevented the parent... More...
   $0 (10-02-2014 - CA)

Cassaundra Ellena v. Department of Insurance

Cassaundra Ellena appeals from a judgment of dismissal of her mandamus claim against the Department of Insurance and the Commissioner of the Department of Insurance (the commissioner; collectively, the DOI). Ellena contends, among other things, that the trial court erred when it found that she did not sufficiently allege in her pleading that the DOI violated a specific mandatory duty. We conclude ... More...   $0 (10-01-2014 - CA)

United States of America v. Michael Bryant, Jr.

Michael Bryant, Jr., an Indian, was indicted on two counts
of domestic assault by a habitual offender, in violation of
18 U.S.C. § 117(a).1 In support of the charges, the
government relied on two prior tribal court convictions for
domestic abuse. These convictions were uncounseled and at
least one resulted in a term of imprisonment. The Sixth
Amendment guarantees indigent ... More...
   $0 (09-30-2014 - MT)

Hanh Nguyen v. Western Digital Corporation

In this case, we determine which statute of limitations applies to an action alleging pre-birth injuries due to exposure to hazardous materials or toxic substances that occurred more than 20 years ago. Plaintiff Hanh Nguyen (sometimes Plaintiff) contends that such claims are subject to the two-year limitations period in Code of Civil Procedure section 340.8 for actions “for injury or illness bas... More...   $0 (09-25-2014 - CA)

D. F. and B. W. v. Texas Department of Family and Protective Services

Based on jury findings, the trial court terminated the parental rights of appellants D.F.
and B.W. to their daughter, J.F. Appellants contend that termination of their parental rights is not
in J.F.’s best interest. We will affirm the judgment terminating appellants’ parental rights.
BACKGROUND
On June 27, 2013, the Texas Department of Family and Protective Services
investi... More...
   $0 (09-25-2014 - TX)

Maggie Jo Travis v. Mays Housecall Home Health, Inc.

¶1 Petitioner Maggie Jo Travis seeks review of an order of the Workers' Compensation Court of Existing Claims which found Travis sustained a work-related injury to the right hand and awarded PPD but also granted Respondent Mays Housecall Home Health, Inc. (Employer) credit for overpayment of TTD. Travis was entitled to no more than 24 weeks of TTD for a soft tissue injury before surgery and we su... More...   $0 (09-23-2014 - OK)

Kelly Ford v. Laura Mae Ruskoski and Daniel J. Ruskoski

1. This action arises out of an automobile accident that occurred in Tulsa County, Oklahoma. Jurisdiction and venue are proper.
2. Plaintiff, Kelly Ford, is an individual who resides in Tulsa County, Oklahoma.
3. Upon information and belief, defendants, Laura Mae Ruskoski and Daniel J. Ruskoski are individuals who reside in Haskell County, Oklahoma.
4. On or about December 12, 2012, on... More...
   $1 (09-23-2014 - OK)

Stephanie Garcia v. Commissioners of Social Security

Stephanie Garcia appeals from the district court’s order
affirming the Commissioner of Social Security’s (the
“Commissioner”) denial of benefits on the basis that she was
not intellectually disabled. Garcia argues that the
administrative law judge (ALJ) who determined that she was
not disabled had a duty to develop the record because that
record did not include a co... More...
   $0 (09-23-2014 - CA)

Carroll Sue Asseo and Roger K. Asseo v. O.K. Apple, Inc. d/b/a Applebee's Neighborhood Gill and Bar

1. The Plaintiffs bring this action against the Defendant for negligence, permanent injuries, pain and suffering, loss of income, past and future medical expenses, and loss of services for the following reasons.
2. On March 30, 2013, Plaintiff, Carroll Sue Asseo, was a customer in Defendant’s restaurant located in Moore, Oklahoma, Cleveland County, State of Oklahoma.
3. On the above date... More...
   $1 (09-15-2014 - OK)

State of Illinois v. Garrett B. Rottau

Edwardsville, IL - The State of Illinois charged Garrett B. Rottau, age 33, with four counts of criminal sexual assault of a child (a 10-year-old girl) between March 2007 and March 2008.

Defendant denied that he had any sexual contact with the girl and asserted that there was no physical evidence of any sexual activity.

(720 ILCS 5/11-1.40) (was 720 ILCS 5/12-14.1)

... More...
   $0 (09-12-2014 - IL)

Regina Schatz v. SCI Oklahoma Funeral Services, Inc. d/b/a Bill Merritt Funeral Home

COMES NOW the Plaintiff, REGINA SCHATZ, and for her cause of action against the Defendant, BILL MERRIT1’ FUNERAL HOME, a Corporation, hereby alleges and states:
1. At all material times, the Plaintiff, REGINA SCHATZ, is a resident of Oklahoma County, State of Oklahoma. All acts and omissions giving rise to the injuries of the Plaintiff took place in Oklahoma County, State of Oklahoma.
2.... More...
   $1 (09-11-2014 - OK)

Ananda Kelkar v. Mary B. Kelkar

Family Code section 4325 establishes a rebuttable presumption against an award of spousal support to a spouse who has been convicted of an act of domestic violence against the other spouse.1 Here we must determine whether the family court erred in terminating spousal support to a wife where the wife pleaded no contest to and was convicted of an act of domestic violence before enactment of section ... More...   $0 (09-10-2014 - CA)

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