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Disability Law
 
Arizona State Legislature v. Arizona Independent Redistricting Commission

In 2000, Arizona voters adopted an initiative, Proposition
106, aimed at “ending the practice of gerrymandering
and improving voter and candidate participation in elections.”
App. 50. Proposition 106 amended Arizona’s Constitution
to remove redistricting authority from the Arizona
Legislature and vest that authority in an independent
commission, the Arizona Independen... More...
   $0 (06-29-2015 - DC)

James Obergefell v. Hodge, Director, Ohio, Department of Health

The Constitution promises liberty to all within its reach,a liberty that includes certain specific rights that allow
2 OBERGEFELL v. HODGES
Opinion of the Court
persons, within a lawful realm, to define and express their identity. The petitioners in these cases seek to find thatliberty by marrying someone of the same sex and having their marriages deemed lawful on the same terms andcon... More...
   $0 (06-26-2015 - DC)

Kimberly Kiano v. CMSG Restuart Group, LLC

New York, NY - Kimberly Kiano sued CMSG Restuart Group, LLC, et al. on a fair labor standards act violation theory claiming that the Defendants failed to pay overtime as required by 29 U.S.C. 201, et seq. with provides in part:

29 U.S. Code 206

(a) Employees engaged in commerce; home workers in Puerto Rico and Virgin Islands; employees in American Samoa; seamen on American vess... More...
   $0 (06-24-2015 - NY)

Hollie Hewes and Kelley Kincannon v. Amber Lee

Oklahoma City, OK - Hollie Hewes and Kelley Kincannon sued Amber Lee on auto negligence theories claiming:

1. The Plaintiffs, Hollie Hewes and Kelley Kincannon, received severe, permanent and disabling injuries from an accident that occurred on or about July 23, 2012, in Oklahoma City, Oklahoma County, Oklahoma. That said accident was caused by the negligence of the defendant, Amber Lee, ... More...
   $1200 (06-24-2015 - OK)

Louis Leonor v. Provident Life and Accident Company

This case arises from a dispute over three disability income
insurance policies issued to Louis Leonor, a dentist licensed in Michigan. Each policy provided
total disability benefits in the event that Leonor became unable to perform the important
Nos.14-2120/2152 Leonor v. Provident Life & Accident Co., et al. Page 2
duties of [his] Occupation, or words to this effect. This app... More...
   $0 (06-24-2015 - MI)

D. Tommy Shelton and Tammy L. Shelton v. Sand Springs Public Schools

Tulsa, OK - D. Tommy Shelton and Tammy L. Shelton sued the Sand Springs Public Schools on medical negligence (medical malpractice) theories claiming:

I Plaintiffs are individuals residing in Sand Springs, Tulsa County, Oklahoma 2 The Sand Springs Public Schools Independent District No 2, Tulsa County
(“Defendant”) and all schools located within the school district are locatedin t... More...
   $5000 (06-24-2015 - OK)

State of Minnesota v. Christopher Thomas Wenthe

Respondent Christopher Thomas Wenthe was convicted of third-degree criminal
sexual conduct, Minn. Stat. § 609.344, subd. 1(l)(i) (2014), for sexually penetrating
A.F.—a member of the parish where Wenthe served as a priest—at a single meeting at
which A.F. sought spiritual counsel. Appellant State of Minnesota seeks review of three
issues: (1) whether the district court committ... More...
   $0 (06-24-2015 - MN)

State of Minnesota v. Roger Earl Holland

Appellant Roger Earl Holland was convicted of two counts of first-degree murder
for the deaths of Margorie Holland and her unborn child.1
On appeal, Holland raises
three arguments. First, Holland argues that the district court erred in admitting evidence
from his cell phone, which he contends police illegally seized. Second, Holland argues
that the district court erred in admi... More...
   $0 (06-24-2015 - MN)

Thomas J. McFarland v. A. Stephenson Wallace

After filing for bankruptcy in 2011, Thomas McFarland claimed a number of
exemptions from his bankruptcy estate. This appeal concerns two such claims,
which are opposed by Trustee A. Stephenson Wallace. Before us, McFarland
requests exemption for: (1) an annuity worth well over $150,000; and (2) the
nearly $15,000 cash surrender value of a whole life insurance policy. The
bankr... More...
   $0 (06-22-2015 - GA)

Naomi Fawn Marsh v. Carolyn W. Colvin

Naomi Marsh appeals the district court’s order affirming
the Social Security Commissioner’s denial of her application
for social security disability benefits. We have jurisdiction
under 28 U.S.C. § 1291, and we vacate and remand with
instructions.
I
Marsh applied for disability benefits on November 21,
2006, claiming that she became disabled on October 2, 2001
... More...
   $0 (06-22-2015 - CA)

Jaime Guerrero v. State of Wyoming, ex rel., Department of Workforce Services, Workers' Compensation Division

[¶1] The Office of Administrative Hearings (OAH) denied Jaime Guerrero’s worker’s
compensation claim on the grounds he failed to prove a causal relationship between his
lower back problems and a work-related accident on June 8, 2011. The district court
upheld the OAH decision.
[¶2] We affirm.
ISSUES
[¶3] The issues for review in this case are:
1. Whether the OAH ... More...
   $0 (06-19-2015 - WY)

Kathleen Arbogast v. State of Kansas, Department of Labor

Defendant-appellant Kansas Department of Labor (KDOL) brings this
interlocutory appeal, arguing the district court should have dismissed plaintiffappellee
Kathleen Arbogast’s suit because (1) KDOL lacks the capacity to sue and to
be sued under Kansas law and (2) even if KDOL is a proper defendant, it is immune
from suit by operation of the Eleventh Amendment to the U.S. Constitut... More...
   $0 (06-19-2015 - KS)

Jennifer L. Haberman v. Panda Restaurant Group, Inc. d/b/a Panda Express

Tulsa, OK - Jennifer L. Haberman sued Panda Restaurant Group, Inc. d/b/a Panda Express on a premises liability theory claiming:

1. Plaintiff is an individual residing in Tulsa County, State of Oklahoma. Defendant is a foreign corporation licensed to do business and doing business in the State of Oklahoma.
2. This Court has jurisdiction over the subject matter hereof and the parties he... More...
   $0 (06-18-2015 - OK)

Paul Levy v. Kansas Department of Social and Rehabilitation Services

Paul Levy alleges that he was constructively discharged from the Kansas
Department of Social and Rehabilitation Services (SRS) in retaliation for
advocating for better accommodation for a disabled co-worker. He filed
retaliation claims against SRS under the Americans with Disabilities Act (ADA)
and the Rehabilitation Act. The district court granted summary judgment to SRS
on bo... More...
   $0 (06-16-2015 - KS)

Christine LaMothe v. Christopher LeBlanc

¶ 1. REIBER, C.J. In a second appeal to this Court, father argues that the magistrate and the family division of the superior court erred on remand by not awarding him a credit for the entire lump-sum derivative Social Security Disability Insurance (SSDI) benefit given to mother as representative payee for the parties’ son, by not imputing income to mother, and by granting mother ... More...   $0 (06-12-2015 - VT)

Michael D. Galier v. Murco Wall Products and Welco Manufacturing Company

Oklahoma City, OK - Michael D. Galier, age 51, from Moore, Oklahoma sued Murco Wall Products and Welco Manufacturing o Company on products liability theories claiming that he developed malignant mesothelioma as a direct result of being exposed to products containing asbestos claiming:

Statement of Material Facts To Which No Genuine Issue Existed Before Trial:

1. Plaintiff filed ... More...
   $60000000 (06-12-2015 - OK)

United States of America v. William Eugene Simms

Baltimore, MD – William Eugene Simms, age 62, of Oakland, Maryland pleaded guilty to theft of government property.

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Michael McGill of the Social Security Administration (SSA) - Office of Inspector General, Philadelphia Field Division.

According to h... More...
   $0 (06-11-2015 - MD)

Johnny Six v. James Leroy Sawyer

Tulsa, OK - Johnny Six sued James Leroy Sawyer on a civil assault and battery theory claiming:

1. Plaintiff, JOHNNY SIX, (hereinafter Six) is an individual person who was a resident of Tulsa County, State of Oklahoma at the time of the subject incident.
2 Defendant, JAMES LEROY SAWYER, is an individual person who was a resident of Tulsa County, State of Oklahoma at the time of the sub... More...
   $1 (06-10-2015 - OK)

Erinn Foster, Matt Steward and Leah Foster v. Terry Butts

Norman, OK - Erinn Foster, Matt Steward and Leah Foster sued Terry Butts on personal tort theories claiming:

1. The acts complained of herein occurred on and after December 3, 2013, at 4733 and 4737 Forest Hills Dr., within the City of Noble, County of Cleveland, State of Oklahoma.
2. The defendant is the owner of a vicious pit bull terrier which he harbors and owns at 4733 Forest Hil... More...
   $45000 (06-10-2015 - OK)

In re Elias V., a Person Coming Under the Juvenile Court Law.

In an original wardship petition (Welf. & Inst. Code, § 602), appellant, Elias V.,
then 13 years of age, was alleged to have committed a lewd and lascivious act upon a
child under the age of 14 years. (Pen. Code, § 288, subd. (a).)1
Prior to and again at the
time of the jurisdictional hearing, defense counsel moved to exclude inculpatory
statements appellant made to the poli... More...
   $0 (06-09-2015 - CA)

In re Joseph H., a Person Coming Under the Juvenile Court Law

Joseph H., the minor, at age 10, woke up early one morning and shot his father in the head as the latter slept on the sofa. A wardship petition was filed alleging the minor had committed acts which would have been crimes if committed by an adult, specifically, murder (Pen. Code, § 187, subd. (a)),1 with a special allegation of discharging a firearm causing death (§ 12022.53, subd. (d)). After a ... More...   $0 (06-08-2015 - CA)

Lindsay Smith v. Progressive Direct Insurance Company

Tulsa, OK - Lindsay Smith sued Progressive Direct Insurance Company on an uninsured motorist liability theory claiming:

1. Defendant PROGRESSIVE is a foreign insurance carrier doing business in Tulsa County, State of Oklahoma.
2. Pursuant to 12 0.5. 141, venue for this action is proper in Tulsa -Ounty,
Oklahoma.
3. Pursuant to 12 0,5. 2004 (F), this Court has proper subje... More...
   $50000 (06-03-2015 - OK)

Ross Ford v. Peggy Gray and James Zink

1 Plaintiff/Appellant Ross Ford (Plaintiff) seeks review of the trial court's order apportioning the proceeds of Plaintiff's settlement with Defendants/Appellees Peggy Gary and James P. Zink between Plaintiff and Intervenors/Appellees City of Tulsa and Farmers Insurance Company. In this appeal, Plaintiff challenges the trial court's order as contrary to More...   $0 (06-03-2015 - OK)

John Dellegar v. State Farm Mutual Automobile Insurance Company

Tulsa, OK - John Dellegar and Ellen Dellegar sued State Farm Mutual Automobile Insurance Company and Marie Inman on bad faith insurer liability theories claiming:

1 Dellegars are residents of the City of Broken Arrow, County of Tulsa, State of Oklahoma and are husband and wife;
2. State Farm Mutual Automobile Insurance Company (State Farm), is a foitin corporation licensed in the St... More...
   $1 (06-03-2015 - OK)

Jason Petrik v. JJ Concrete, Inc. and EMC Insurance Company

[¶1.] Jason Petrik (Employee) was injured when he ran from a co-worker on the job site after tricking that co-worker out of an air-conditioned truck. JJ Concrete, Inc. (Employer) and EMC Insurance Company (Insurer) denied workers’ compensation benefits to Employee because Employee’s act was horseplay and, therefore, the injury did not “arise out of” or “in the course of” his employmen... More...   $0 (06-03-2015 - SD)

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