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Disability Law
 
Insurance Company of the State of Pennsylvania v. Merle A. Hughes

Merle A. Hughes filed a claim for benefits with the Texas Worker’s
Compensation Commission, and a contested case hearing was heard before the Texas
Department of Insurance, Division of Worker’s Compensation (DWC). The DWC made
the following decision:
[Hughes] sustained an injury, in the form of an occupational disease.
Because [Hughes] did not sustain a compensable injury, ... More...
   $0 (04-16-2015 - TX)

Tammi Jean Prince v. Amy Jo Rivera

Norman, OK - Tammi Jean Prince sued Amy Jo Rivera on an auto negligence theory claiming:

1. This an action arising out of an automobile accident causing injury to Plaintiff.
Plaintiff seeks to recover all damages and remedies available under Oklahoma law.
2. Plaintiff is a resident of Cleveland County, State of Oklahoma and was at all times material hereto.
3. The Defendant is... More...
   $0 (04-13-2015 - OK)

Benefits Technologies Division 10, LLC and Benefits Technologies, LLC v. David Brenner

Tulsa, OK - Benefits Technologies Division 10, LLC and Benefits Technologies, LLC sued David Brenner on breach of contract theory. Defendant counterclaimed on breach of contract, civil conspiracy, unjust enrichment, restitution, constructive trust, accounting, indemnification and constructive discharge theories.

Plaintiffs' petition stated:

1. Plaintiff Benefits Technologies is... More...
   $0 (04-10-2015 - OK)

Anthony V. Nigro v. Sears, Roebuck and Co.

Anthony Nigro appeals the district court’s entry of
summary judgment in favor of his former employer Sears,
Roebuck and Co. (“Sears”) in Nigro’s diversity action against
Sears, alleging three disability discrimination claims under
the California Fair Employment and Housing Act (“FEHA”).
We have jurisdiction under 28 U.S.C. § 1291. We must
decide whether there a... More...
   $0 (04-10-2015 - CA)

Stephen Ford and Karen Carmichael, as Guardian Ad Litem for K.F., a minor, v. Tammy Ford, Amanda Choat and Cliff Walton

Tulsa, OK - Stephen Ford and Karen Carmichael, as Guardian Ad Litem for K.F., a minor, sued Tammy Ford, Amanda Choat and Cliff Walton on negligence theories claiming:

That on or about the 3rd clay of September, 2009, the minor, Kyleigh Ford, was involved in an accident, wherein said minor allegedly sustained various injuries. As a result of the accident, the injured minor and the minor’... More...
   $90000 (04-09-2015 - OK)

In the Matter of the Compensation of Gary D. Sather, Claimant v. Saif Corporation

The decision of the Court of Appeals is reversed, and the
case is remanded to that court for a determination of the
merits of the petition for judicial review.
______________
* Judicial review from Amended Opinion and Order from Workers’ Compensation
Board dated January 20, 2011. 262 Or App 597, 325 P3d 819 (2014).
Cite as 357 Or 122 (2015) 123
The personal representa... More...
   $0 (04-09-2015 - OR)

Evelina Cuenca v. Nova Southeastern University and New York Rick Services Group, Inc.

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred in failing to approve a stipulation whereby the Employer/Servicing Agent (E/SA) would pay Claimant’s attorney a $1,500
attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and reimburse costs in the amount of $275. Because the record does not support the JCC’s r... More...
   $0 (04-09-2015 - FL)

Sean Bryan Sullivan v. Bobby Custer and Mason Management, Inc.

Tulsa, OK - Sean Bryan Sullivan sued Bobby Custer and Mason Management, Inc. on auto negligence and respondeat superior theories.

The pre-trial order provided in part:

This is an action for damages resulting from an automobile accident that occurred on or about October 6, 2010, at or near the intersection of l4l Street and Barber Street in Glenpool, Oklahoma, in Tulsa County, Sta... More...
   $0 (04-08-2015 - OK)

Juan Francisco Montalvo, M.D., F.A.C.O.G., et al v. Gabriela Lopez

Appellee Gabriela Lopez filed the underlying lawsuit alleging health care liability claims against appellants Juan Francisco Montalvo, M.D., F.A.C.O.G., Winder N. Vasquez, M.D., Miguel E. Najera, J.D., Executor of the Estate of Miguel E. Najera, M.D., Deceased, and Laredo Regional Medical Center, L.P. d/b/a Doctors Hospital of Laredo. The appellants moved for summary judgment asserting Lopez’s c... More...   $0 (04-08-2015 - TX)

David Barboza v. California Association of Professional Firefighters, et al.

This appeal requires us to interpret three different
provisions of the Employee Retirement Income Security Act
of 1974 (ERISA): (1) the requirement in 29 U.S.C. § 1103(a)
that “all assets of an employee benefit plan shall be held in
trust by one or more trustees,” sometimes called the “hold in
trust” requirement; (2) the prohibition against fiduciary selfdealing
un... More...
   $0 (04-07-2015 - CA)

United States of America v. Ali Irsan, Shmou Ali Alrawabdeh and Nadia Irsan

HOUSTON, TX - Ali Irsan, 58, was convicted of conspiracy to defraud the United States, announced U.S. Attorney Kenneth Magidson. Irsan’s wife - Shmou Ali Alrawabdeh, 38 - and daughter - Nadia Irsan, 31 - have also been convicted by previously entering guilty pleas to making false statements in association with the fraud scheme.

Ali Irsan is a naturalized U.S. Citizen from Jordan and a r... More...
   $0 (04-03-2015 - TX)

Earnest Taylor, as lawful power of attorney for Frankie Taylor v. Jeff Langham and Brenda Langham

This is an appeal of a summary judgment. Appellant, Earnest Taylor “as lawful power of attorney for Frankie Taylor”1 argues the trial court erred in
1Earnest Taylor alleged in his Original Petition that he was acting as “lawful power of attorney for Frankie Taylor.” He later described his status in subsequent pleadings as “Earnest Taylor Frankie Taylor in all capacities [d]escribed i... More...
   $0 (04-02-2015 - TX)

Deborah Herting v. California Department of Health Care Services

In this case we are called upon to examine the relationship between “special needs trusts,” which allow certain individuals to qualify for public medical assistance under the federal Medicaid program, and the provisions entitling the state to recover the amounts it has paid to provide such assistance. Deborah Herting, trustee of the Alexandria A. Pomianowski Special Needs Trust, appeals... More...   $0 (03-27-2015 - CA)

Lauralee Baird v. HCA Health Services, Inc. d/b/a OU Medical Center and Amer Al-Khoudari, M.D.

Oklahoma City, OK - Lauralee Baird sued HCA Health Services, Inc. d/b/a OU Medical Center and Amer Al-Khoudari, M.D. on medical negligence (medical malpractice) theories claiming:

1. The Defendant, OU Medical Center is a tradenames for HCA Hcalth Services of Oklahoma, Inc. an Oklahoma corporation.
2. Lauralee Baird was a admitted as patient to OU Medical Center for infection on Octobe... More...
   $1 (03-25-2015 - ok)

Chris Kohler v. Bed Bath & Beyond of California, LLC d/b/a Bed Bath & Beyond #1136

Chris Kohler appeals from a grant of summary judgment
to defendant Bed Bath & Beyond of California (“BB&B”) on
Kohler’s claims under Title III of the Americans with
Disabilities Act (“ADA”), and also appeals the award of
attorneys’ fees and costs to BB&B as a prevailing defendant.
Regarding summary judgment, Kohler contends that the
district court erred in concl... More...
   $0 (03-24-2015 - CA)

Kyle Kercher v. Board of Regents of the University of Nebraska

Kyle Kercher filed a complaint alleging that the Board of Regents of the University of Nebraska and the University of Nebraska at Omaha (collectively the University) breached his employment contract when it removed him from his appointed professorship that he alleges was a part of his tenured appointment. The district court granted Kercher’s motion for partial summary judgment on the issue of li... More...   $0 (03-20-2015 - NE)

Jan J. Golnick v. Jack W. Callender

Jan J. Golnick appeals from the district court’s judgment in his negligence action against Jack W. Callender. Callender amended his answer to admit that he was negligent in causing the vehicle accident that injured Golnick. Thereafter, the court sustained Callender’s motion to preclude evidence of his negligence at trial. The court also denied Golnick’s request to amend his complaint to alle... More...   $0 (03-20-2015 - NE)

Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at
Hoodoo’s ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenfor... More...
   $0 (03-18-2015 - OR)

Equal Employment Opportunity Commission v. Breverage Distributors Company, LLC

This case involves a claim of employment discrimination. Mr.
Michael Sungaila, who is legally blind, worked for Beverage Distributors
Company. When his position was eliminated, Mr. Sungaila obtained a
higher-paying job in the company’s warehouse. But, Mr. Sungaila’s
employment was conditioned on passing a physical examination.
Mr. Sungaila passed the physical. But, the exam... More...
   $0 (03-16-2015 - CO)

United States of America v. Emily Lardiero

BOSTON, MA - A Revere woman was sentenced for fraudulently receiving over $88,000 in disability payments and rental assistance.

Emily Lardiero, 64, was sentenced by U.S. District Court Judge Rya W. Zobel to three years of probation, including six months of home confinement, and was ordered to pay $47,671 in restitution to the Social Security Administration (SSA) and $40,391 in restitution... More...
   $0 (03-11-2015 - MA)

Marvalyn Decambre v. Rady Children's Hospital-San Diego

Marvalyn DeCambre, M.D., appeals a judgment entered after the trial court granted special motions to strike pursuant to Code of Civil Procedure section 425.161 brought by defendants Rady Children's Hospital-San Diego (RCHSD), Children's Specialist San Diego (CSSD) and the Regents of the University of California (Regents) (collectively, defendants), and also sustained defendants' demurrers to certa... More...   $0 (03-11-2015 - CA)

Aaron Terveen v. South Dakota Department of Transportation

[¶1.] Aaron Terveen was on a business trip from Belle Fourche to Yankton, South Dakota. On the return trip, Terveen was injured in a car accident outside Belle Fourche while driving on a dead-end road just off the highway. Terveen applied for workers’ compensation benefits. The Department of Labor granted Terveen’s claim, but the circuit court reversed. We affirm.
Facts and Procedural His... More...
   $0 (03-04-2015 - SD)

Luann Shubert v. Macy's West, Inc. and Liberty Mutual Insurance Corporation

This case arose after LuAnn Shubert fell and injured her lower back while working at a Macy’s store. Shubert appeals the Idaho Industrial Commission’s order holding that she was (1) medically stable on November 21, 2007; (2) not entitled to medical benefits beyond that date; (3) not entitled to temporary disability benefits; (4) entitled to a permanent partial impairment rating of 5% of the wh... More...   $0 (02-27-2015 - ID)

Securitas Security Services v. Denise Edwards

Securitas Security Services USA, Inc. (Securitas) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (P... More...   $0 (02-27-2015 - CA)

Charles N. Draper v. Greg Guernsey, in his Capacity as Director of Planning and Development Watershed Protection Review Department; and City of Austin

In a land-use dispute, Charles N. Draper, pro se, sued the City of Austin and one of
its employees, Greg Guernsey, “in [Guernsey’s] capacity as Director of Planning and Development
Watershed Protection Review Department.”1 The City and Guernsey filed a motion to dismiss all
claims against him, invoking subsections (a) and (e) of the Tort Claims Act’s election-of-remedies
pr... More...
   $0 (02-25-2015 - TX)

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