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Disability Law
 
Danielle D. Smith v. David Delmar Drew

COMES NOW the Plaintiff, Danielle D. Smith, and for her cause of action against the Defendant, David Delmar Drew, states as follows:
1. That Plaintiff, Danielle D. Smith, is a resident of Tulsa, Tulsa County, State of Oklahoma, and at all times material hereto;
2. That the Defendant, David Delmar Drew, is a resident of Bixby, Tulsa County, State of Oklahoma, at all times material hereto;More...
   $25000 (08-19-2014 - OK)

In re J.S. et al., Persons Coming Under the Juvenile Court Law.

In the unpublished portion of this opinion, we will hold that there was insufficient
evidence to support jurisdiction based on the mother’s alleged failure to protect the
children against sexual abuse by the father. However, there was sufficient evidence to
support jurisdiction based on the mother’s substance abuse; moreover, the juvenile court
also found jurisdiction on other ... More...
   $0 (08-19-2014 - CA)

Janis S. McLean v. State of California

Plaintiff Janis McLean, a retired deputy attorney general, appeals from a judgment
of dismissal after the trial court sustained the demurrer of defendants the State of
California and the California State Controller’s Office to her class action seeking waiting
time penalties under Labor Code section 2031 for the failure to comply with the prompt
payment requirements of section 202... More...
   $0 (08-19-2014 - CA)

Darren Hager v. County of Los Angeles

In a whistleblower retaliation lawsuit brought under Labor Code section 1102.5,
subdivision (b) (hereafter section 1102.5(b)),1 the plaintiff must establish a prima facie
case of retaliation. The plaintiff must show he engaged in protected activity, his
employer subjected him to an adverse employment action, and there is a causal link
between the two. If the plaintiff meets his pri... More...
   $0 (08-19-2014 - CA)

The People v. Justin James Merriman

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo... More...   $0 (08-18-2014 - CA)

The People v. Dariel Shazier

We granted the People’s petition for review after the Court of Appeal overturned, for the second time, a jury’s finding that defendant Dariel Shazier must be committed for secure confinement and treatment as a sexually violent predator (SVP) under the sexually violent predators act (SVPA; Welf. & Inst. Code, § 6600 et seq.). As the instant jury heard, defendant has served two separate prison ... More...   $0 (08-18-2014 - CA)

Christopher L. Gay and Steven L. Carroll v. The City of Wichita Falls, Texas

Christopher L. Gay and Steven L. Carroll challenge the trial court’s order granting the City of Wichita Falls’ plea to the jurisdiction based on governmental immunity. The underlying controversy arises from the denial of Gay’s and Carroll’s claims for long-term disability benefits under insurance provided to them by their former employer, the City of Wichita Falls. Because we conclude that... More...   $0 (08-16-2014 - TX)

The People v. Gene Estel McCurdy

A jury convicted defendant Gene Estel McCurdy of the first degree murder (Pen. Code, § 187, subd. (a)),1 kidnapping (§ 207, subd. (a)), and kidnapping with the purpose to commit a lewd act on a child under 14 years old (§ 207, subd. (b)) of Maria Piceno. The jury found true the special circumstance allegation of kidnapping murder. (§ 190.2, subd. (a)(17)(B).) The jury returned a verdict of dea... More...   $0 (08-14-2014 - CA)

The People v. Kelvyn Rondell Banks

Defendant Kelvyn Rondell Banks was convicted by a jury in 1998 of two counts of first degree murder (Pen. Code, § 187; all further statutory references are to the Penal Code unless otherwise indicated), one count of attempted murder (§§ 187, subd. (a), 664), one count of forcible rape (§ 261, subd. (a)(2)), one count of forcible oral copulation (§ 288a, subd. (c)), one count of first degree r... More...   $0 (08-14-2014 - CA)

MELONIE M. ANDERSON, Respondent-Appellant, vs. CARE INITIATIVES, INC. d/b/a WESTRIDGE NURSING & REHAB CENTER, Petitioner-Appellees.

Melonie Anderson appeals the district court’s judicial review decision that reversed the workers’ compensation award of benefits and remanded the case back to the agency. She claims on appeal the district court erroneously concluded there was a lack of evidence to support a determination of medical causation and the court applied the incorrect standard of review to the agency’s decision. Bec... More...   $0 (08-14-2014 - IA)

State of Oregon v. Z.A.B.

2 Appellant seeks reversal of a judgment committing him for a period not to
3 exceed 180 days pursuant to ORS 426.130. Appellant argues, among other contentions,
4 that the trial court plainly erred by failing to advise him of the right to subpoena
5 witnesses under ORS 426.100(1)(d). See State v. M. L. R., 256 Or App 566, 570-71, 303
6 P3d 954 (2013) (failure to inform a person of... More...
   $0 (08-13-2014 - OR)

RYAN COMPANIES and ZURICH NORTH AMERICA, Petitioners-Appellants/Cross-Appellees, vs. GREG BISSELL, Respondent-Appellee/Cross-Appellant.

Employer Ryan Companies appeals from an adverse ruling by the district court on its petition for judicial review from an award of workers’ compensation benefits. The Iowa Workers’ Compensation Commissioner found carpenter Greg Bissell injured his lower back in the course of his employment, Ryan had notice, and Bissell lost one-hundred percent of his earning capacity as a result of the injury. ... More...   $0 (08-13-2014 - IA)

KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat... More...
   $0 (08-12-2014 - TX)

Chubb & Son v. Tracy Lemmon

Attorney Tracy Lemmon filed an employment discrimination lawsuit against her
law firm employer, as well as against petitioner Chubb & Son, a division of Federal
Insurance Company (Chubb), whose insureds she represented. In response to Lemmon’s
request for documents relevant to her job performance, Chubb withheld documents (or
redacted them) on the ground they contain privileged o... More...
   $0 (08-12-2014 - CA)

Patrick Hahn v. Daniel Walsh

Janet Hahn was a pretrial detainee at
the Champaign County Correctional Center (“CCCC”)
immediately before she died as a result of diabetic
ketoacidosis.1 Patrick Hahn, Mrs. Hahn’s husband, and
Erik Redwood, the administrator of her estate, brought this
action, alleging that various government officials and private
contractors failed to provide adequate medical treatm... More...
   $0 (08-12-2014 - IL)

In re Gary Donnell Williams

While awaiting trial on a variety of sex crime charges, petitioner Gary Donnell Williams was declared mentally incompetent to stand trial due to developmental disability. (Pen. Code, § 1370.1.)1 Pursuant to its statutory obligation, the regional center provided a recommendation to the trial court to place Williams where he was to receive services designed to restore him to competency. (§ 1370, s... More...   $0 (08-08-2014 - CA)

Joseph Moyer v. Metropolitan Life Insurance Company

Joseph Moyer, an ERISA plan participant, appeals the district
court’s dismissal for untimeliness of his action against the plan’s claim administrator,
Metropolitan Life Insurance Company (MetLife), seeking recovery of unpaid ERISA plan
benefits. Because MetLife failed to include notice of the time limits for judicial review in its
adverse benefit determination letter, we REVERS... More...
   $0 (08-07-2014 - MI)

J.M. v. G.H.

J.M. appeals from a judgment on reserved issues granting joint physical custody of his son Joey to J.M. and G.H., Joey’s mother, and allowing her to take Joey with her to live in Israel during the school year. Finding no abuse of discretion, we affirm.
BACKGROUND
We use the parties’ first names to simplify and humanize our opinion in this intensely contested custody case. (In re Marria... More...
   $0 (08-06-2014 - CA)

Bryan Dale Manzella v. The State of Texas

Appellant Bryan Dale Manzella pleaded guilty, without an agreed recommendation as to punishment, to the felony offense of aggravated robbery with a deadly weapon. See TEX. PENAL CODE ANN. § 29.03(a)(2) (West 2013).
2
After a presentence investigation and hearing, the trial court sentenced Manzella to five years in prison. On appeal, he raises a single issue challenging the trial court’s... More...
   $0 (07-31-2014 - TX)

Dennis Heinert v. Wichita Falls Housing Authority

Appellant, Dennis Heinert, appeals the trial court’s judgment evicting him from his leased residence operated and managed by appellee, Wichita Falls Housing Authority (WFHA). On appeal, he contends that there was insufficient evidence to support the trial court’s findings and conclusions as to the conditions that would lead to the termination of Heinert’s lease. We will affirm.
2
Fac... More...
   $0 (07-29-2014 - TX)

Wendy Jeanelle Hennig v. Matthew Michael Didyk

Appellant Wendy Jeanelle Hennig appeals from a judgment entered in favor of appellee Michael “Miro” Didyk, individually and as independent administrator of the estate of Matthew Michael Didyk, deceased, appellant’s former husband, following a nonjury trial. In three issues, appellant argues the trial court erred by (1) failing to give effect to the decedent’s designation of appellant as th... More...   $0 (07-28-2014 - TX)

Samvel Topchian v. JPMorgan Chase Bank, N.A.

Samvel G. Topchian appeals from the district court’s dismissal of his amended
complaint against JPMorgan Chase Bank (Chase). Because we hold that Topchian
has stated a claim for breach of contract, we affirm in part, reverse in part, and
remand for further proceedings.
I. Background
We recount the facts as described in the amended complaint and in the
permanent loan modif... More...
   $0 (07-28-2014 - MO)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More...
   $0 (07-28-2014 - MA)

Marvin Green v. Patrick R. Donahoe, Postmaster General, United States Postal Service

Marvin Green, a former postmaster, claims that the U.S. Postal Service retaliated
against him after he made employment-discrimination claims. He was investigated,
threatened with criminal prosecution, and put on unpaid leave. Shortly after being put on
leave, he signed a settlement agreement with the Postal Service that provided him paid
leave for three and a half months, after whi... More...
   $0 (07-28-2014 - CO)

Estate of William Wallace Allen, deceased

Montra Land appeals the trial court’s judgment granting Don Parks, David Mac Glover, and Ike Allen Laws III’s motion for summary judgment denying Land’s statutory bill of review in this probate-application case concerning the will of William Wallace Allen. Land’s 2013 petition for bill of review alleged the trial court committed substantial error by granting Don Parks’s motion for summar... More...   $0 (07-25-2014 - )

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