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Disability Law
 
Marissa Rea v. Blue Shield of California

In 1999, the Legislature enacted the California Mental Health Parity Act (Health & Saf. Code, § 1374.72)1 (Parity Act) to address the imbalance between medical coverage for physical illnesses and mental illnesses. The Parity Act mandated that every health care service plan contract “provide coverage for the diagnosis and medically necessary treatment of severe mental illnesses . . . under the s... More...   $0 (06-10-2014 - CA)

Bituminous Fire & Marine Insurance Company v. Ricardo Ruel

This is an appeal from a workers’ compensation case in which a jury found Appellee, Ricardo Ruel, was not intoxicated when he sustained injuries from an electrical explosion. Appellant, Bituminous Fire & Marine Insurance Company, asserts the judgment erroneously finds Ruel (1) was not intoxicated at the time of his injury, (2)

2

suffered a compensable injury and (3) has a disab... More...
   $0 (06-08-2014 - )

Jorge L. Fernandez v. The City of Miami

Former City of Miami City Attorney Jorge L. Fernandez appeals a final

2

judgment and orders on attorney’s fees and costs entered against him after a nonjury trial. Mr. Fernandez, plaintiff below, sought $274,721 in severance, vacation, and sick leave payments from the City in a breach of contract action. Mr. Fernandez’s lawsuit followed his plea of nolo contendere and adjudicatio... More...
   $0 (06-04-2014 - FL)

Jesus Trejo-Perez v. Arry's Roofing/Builders Ins. Group

In this workers’ compensation appeal, Jesus Trejo-Perez (“Claimant”) challenges the denial of his request for referral to a Spanish-speaking psychologist as recommended by his authorized treating physician. He argues the Judge of Compensation Claims (“JCC”) erred by denying the request despite unrebutted medical testimony that a Spanish-speaking psychologist is medically necessary. Becau... More...   $0 (06-03-2014 - OK)

Tamica Shaw v. The Prudential Ins. Co.

In this Employee Retirement Income Security Act ("ERISA") case, Tamica Shaw appeals from the district court's grant 1 of summary judgment in favor of The Prudential Insurance Company of America ("Prudential"). We affirm.

I. BACKGROUND

On March 4, 2006, Tamica's husband, Carl Shaw, was killed in a single-vehicle accident in Springfield, Missouri. According to an investigative report, ... More...
   $0 (06-03-2014 - MO)

William Zachary Capps and Erin Matthews v. Red Devil, Inc. and Robert Price Lee

William Zachary Capps and Erin Matthews v. Fred Devil, Inc. and Robert Price Lee

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: CAPPS, WILLIAM ZACHARY
Filed Date: 07/20/2011
Party Name: Disposition Information:

Defendant: LEE, ROBERT PRICE
Disposed: DISMISSED - WITH PREJUDICE, 06/02/2014. Dismissed- Settled.

Defendant: RED DEVIL INC More...
   $1 (06-02-2014 - OK)

Victoria V. Ochsner v. Preston A. Ochsner

Victoria V. Ochsner appeals the trial court’s order denying her motion for enforcement of child support order against Preston A. Ochsner. We reverse the trial court’s order denying the motion for enforcement of child support order and remand this case to the court below with instructions to enter a judgment for child support arrearages.

2

BACKGROUND

Victoria and Preston we... More...
   $0 (05-29-2014 - TX)

Sie Ervine v. Desert View Regional Medical Center Holdings

We are presented with claims under the Rehabilitation Act against health care providers for failure to communicate effectively with a person who is deaf.

I

Charlene Ervine, who was deaf, died of cancer in November 2009. In the years before her death, she sought

ERVINE V. DESERT VIEW REG’L 4 MED. CTR. HOLDINGS

treatment at Desert View Regional Medical Center, a hospita... More...
   $0 (05-29-2014 - NV)

Grace Hwang v. Kansas State University

Must an employer allow employees more than six months’ sick leave or face liability under the Rehabilitation Act? Unsurprisingly, the answer is almost always no.

By all accounts, Grace Hwang was a good teacher suffering a wretched year. An assistant professor at Kansas State University, she signed a written oneyear contract to teach classes over three academic terms (fall, spring, and sum... More...
   $0 (05-29-2014 - KS)

The People v. Christian Arce

Defendant Christian Arce pleaded guilty to assault with a firearm. He appeals from a postjudgment order requiring him to pay restitution to compensate the victim for economic losses.1 He contends that the order must be reversed because (1) the People waived their ability to seek such restitution; (2) the portion of the order compensating the victim for future lost wages lacks a rational basis; and... More...   $0 (05-28-2014 - CA)

Joshua Bunn v. Khoury Enterprises, Inc.

Joshua Bunn quit his job at a Dairy Queen franchise and sued the franchisee, his former employer, under the Americans with Disabilities Act. Bunn, who is vision-impaired, believed that the employer failed to accommodate his disability as required by law and that it subjected him to illegal disparate treatment when it reduced his scheduled hours during the winter months. The district court

2... More...
   $0 (05-28-2014 - IN)

Hall v. Florida

This Court has held that the Eighth and Fourteenth Amendments to the Constitution forbid the execution of persons with intellectual disability. Atkins v. Virginia, 536 U. S. 304, 321 (2002). Florida law defines intellectual disability to require an IQ test score of 70 or less. If, from test scores, a prisoner is deemed to have an IQ above 70, all further exploration of intellectual disability is f... More...   $0 (05-27-2014 - DC)

Consumer Service Alliance of Texas, Inc. et al v. City of Dallas, Texas

Consumer Service Alliance of Texas, Inc. (CSAT), TitleMax of Texas, Inc. (TitleMax), and Ace Cash Express, Inc. (Ace) (collectively appellants) appeal the trial court’s order granting the City of Dallas, Texas’s (the City) plea to the jurisdiction. We affirm the trial court’s order.

Background

Chapter 393 of the finance code regulates credit services organizations (CSOs).1 See ... More...
   $0 (05-23-2014 - TX)

James Kumar v. Gate Gourmet, Inc.

Appellants James Kumar, Ranveer Singh,
Asegedew Gefe, and Abbas Kosymov brought a class action lawsuit against their
employer, Gate Gourmet Inc., alleging two common law torts and two violations of
Washington's Law Against Discrimination (the WLAD), chapter 49.60 RCW. The
lawsuit stems from Gate Gourmet's employee meal policy, which bars employees
from bringing in their own foo... More...
   $0 (05-22-2014 - WA)

Michael A. Akers v. Carolyn W. Colvin

Michael A. Akers appeals from an order of the magistrate judge affirming the Commissioner’s decision to deny social security supplemental security income (“SSI”) benefits. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we affirm.

- 2 -

Mr. Akers filed for SSI benefits alleging disability due to psychosis and bipolar disorder. The Commissioner denied be... More...
   $0 (05-21-2014 - OK)

Pamela D. Graves v. Lars O. Bouma, D.D.S.M.S. d/b/a Lars O. Bouma, D.D.S., P.C.

Pamela D. Graves v. Lars O. Bouma, D.D.S.M.S. d/b/a Lars O. Bouma, D.D.S., P.C.

Issue # 1.
Issue: MEDICAL NEGLIGENCE (MEDNEG)
Filed by: Graves, Pamela D
Filed Date: 12/20/2012
Party Name: Disposition Information:

Defendant: Bouma, Lars O
Disposed: SUMMARY JUDGEMENT ENTERED, 05/30/2014. Judge.

Plaintiff alleged in part:

* * *

3... More...
   $0 (05-20-2014 - OK)

Judy Tucker v. Spirit Bank and NE Oklahoma Square Dance Association

Judy Tucker v. Spirit Bank and NE Oklahoma Square Dance Association

Issue # 1.
Issue: PERSONAL INJURY (OTHER)
Filed by: TUCKER, JUDY
Filed Date: 04/05/2012
Party Name: Disposition Information:

Defendant: NE OKLAHOMA SQUARE DANCE ASSOCIATION
Disposed: DISMISSED, 04/22/2013. Dismissed by Court.

Defendant: SPIRIT BANK
Disposed: DISMISSED - ... More...
   $0 (05-19-2014 - OK)

Petrella v. Metro-Goldwyn-Mayer, Inc.

The Copyright Act (Act) protects copyrighted works published before1978 for an initial period of 28 years, renewable for a period of up to 67 years. 17 U. S. C. §304(a). The author’s heirs inherit the renewal rights. See §304(a)(1)(C)(ii)–(iv). When an author who has assignedher rights away “dies before the renewal period, . . . the assignee maycontinue to use the original work only if the... More...   $0 (05-19-2014 - DC)

Kraton McGugan v. Linda L. Aldana-Bernier, M.D., et al.

2 Plaintiff Kraton McGugan appeals from the judgment of the United States
3 District Court for the Eastern District of New York (Melançon, J.) dismissing her
4 complaint. McGugan brought suit against Defendants Jamaica Hospital Medical
5 Center and four of its employees — Linda L. Aldana‐Bernier, M.D., Shushan
6 Hovanesian, M.D., Rabbi Mahmudur, M.D., and Femi Abioye, R.N. —... More...
   $0 (05-16-2014 - NY)

Gilbert Dudley, III v. State of Florida

This case is before the Court for review of the decision of the Fifth District Court of Appeal, sitting en banc, in State v. Dudley, 64 So. 3d 746, 747 (Fla. 5th DCA 2011), which reversed the trial court’s dismissal of the criminal charges against the defendant, Gilbert Dudley, III, for sexual battery on a person defined by Florida statute as “mentally defective,” and ordered that the jury... More...   $0 (05-15-2014 - FL)

Disabled In Action v. Board of Elections in the City of New York

The Board of Elections in the City of New York (the "BOE") is responsible for identifying and designating poll sites that are accessible to voters with disabilities in New York City. In this case, plaintiffs-appellees, non-profit organizations representing people with mobility or vision disabilities (collectively "plaintiffs"), allege that BOE is failing to provide them with meaningful access to i... More...   $0 (05-14-2014 - ny)

In re the Marriage of LESLIE and TERRY MOORE

This appeal arises from judgments in a marriage dissolution action regarding the division of retirement and employment benefits, the division of other assets, the award of temporary and permanent spousal support, and the denial of requests for attorney fees and costs. We affirm in part and reverse in part.

FACTS

Appellant Leslie Moore and respondent Terry Moore were married for over ... More...
   $0 (05-09-2014 - CA)

Kim Ellen Murie v. Phillip Wade Harting and Lillian Harting

¶1 The sole issue on appeal is whether the trial court committed reversible error when it denied Defendant's motion to vacate a default judgment based on irregularity in obtaining a judgment pursuant to 12 O.S. 2011 §1031(3). We hold that it did and reverse the judgment.

I.

¶2 Kim Murie, Plaintiff/Appellee, filed a petition for negligence and intentional infliction of emotional di... More...
   $0 (05-08-2014 - OK)

Navarro Hospital, L.P. d/b/a Navarro Regional Hospital v. Charles Washington and Gwendolyn Washington, each Individually and as Next Friends of Charles Donell Washington

In this appeal, appellant, Navarro Hospital, L.P. d/b/a Navarro Regional Hospital, complains about the trial court’s denial of its motion to dismiss a health-care liability claim brought by appellees, Charles Washington and Gwendolyn Washington, each individually and as next friends of Charles Donell Washington (“Donell”). In two issues, appellant challenges appellees’ expert reports as no... More...   $0 (05-08-2014 - TX)

Texas Department of Aging and Disability Services v. Leeann Huse

The Texas Department of Aging and Disability Services (DADS) appeals from the trial court’s order denying its plea to the jurisdiction. We reverse the trial court’s order.

Background Facts

Lee Ann Huse was employed as a director of the Mexia State Supported Living Center. The United States Department of Justice filed suit against the State of Texas in the United States District C... More...
   $0 (05-08-2014 - TX)

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