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Disability Law
Keith Harris v. Robert E. O'Connor

Appellant, Keith Harris, brought this action against appellee, Robert E. O’Connor, Jr., for professional malpractice. O’Connor’s motion for summary judgment was granted. We affirm.


Harris, a former captain with the Omaha Police Department, retained O’Connor, an attorney, to represent him in several

Nebraska Advance Sheets

HARRIS v. O’CON... More...
   $0 (01-10-2014 - NE)

Rose Griego v. Maggie Toulouse Oliver

{1} “All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.” N.M. Const. art. II, § 4. These inherent rights, enjoyed by all New Mexicans, appear along with twenty-three other provisio... More...   $0 (01-10-2014 - NM)

DeAmber Sanders v. Tiffany Tysver

Deamber Sanders sued Tiffany Tysver on an auto negligence theory claiming:


The Plaintiff is a resident of Tulsa County, State of Oklahoma.


Upon information and belief, the Defendants are residents of Rogers County, State of Oklahoma.


That on the 19th day of December, 2008, the Plaintiff was damaged by reason motor vehicle accident, ... More...
   $0 (01-09-2014 - OK)

Kevan Brumfield v. Burl Cain, Warden, Louisiana State Penitentiary

The State of Louisiana appeals the district court’s imposition of a permanent injunction, enjoining the State from executing Petitioner-Appellee Kevan Brumfield. The district court granted habeas relief in favor of Brumfield, finding that he is mentally retarded1 and therefore ineligible for execution based on Atkins v. Virginia, 536 U.S. 304 (2002). For the reasons stated herein, we REVERSE the... More...   $0 (01-08-2014 - LA)

Rebecca L. Mays v. Carolyn W. Colvin

Ms. Rebecca L. Mays appeals from a district court order affirming the Social Security Administration’s denial of her application for disability benefits. We affirm.

I. Background

Ms. Mays applied for benefits, alleging a disability beginning in May 2004. The assessment began at step one, with the administrative law judge finding that Ms. Mays had not engaged in substantial gainful ... More...
   $0 (01-08-2014 - OK)


This legal malpractice action presents three questions of first impression. In Hook v. Lippolt, we held the defendants in plaintiff Pamela Hook’s personal injury action—the State of Iowa and a volunteer driver for the Iowa Department of Human Services—were entitled to summary judgment under the statute of limitations and volunteer-immunity provisions of the Iowa Tort Claims Act, respectively... More...   $0 (01-08-2014 - IA)

Campbell County Memorial v. Jaime A. Williams Pfeifle

[¶1] Campbell County Memorial Hospital (“the hospital”) appeals from a district court order denying its motion for partial summary judgment in a medical malpractice action. The district court determined that a government hospital could be vicariously liable for acts of non-employees or independent contractors under the doctrine of ostensible agency. The district court based its ruling on this... More...   $0 (01-07-2014 - WY)

Kamela Jackson v. Adnan Sheik

Kamela Jackson sued Adnan Sheik on an auto negligence theory claiming:

1. That the Plaintiff is a resident of Rogers County, Oklahoma.

2. That the Defendant is a resident of Tulsa County, Oklahoma.

3. That the actions and events that give rise to this suit all arise in Tulsa County, State of Oklahoma on the 101h day of February, 2009.

5. That this Court has juri... More...
   $0 (01-07-2014 - OK)

Glenn C. Lake v. Jessee Trucking and Continental Western Group

This is an appeal by Glenn C. Lake of the denial of his workers compensation claim. Lake had an accident at work and then experienced increasing symptoms of back pain and arm and leg numbness. Lake's treating physicians, a neutral physician appointed by the administrative law judge (ALJ), and a physician retained by Lake, all testified that the work accident caused his injuries. A physician retain... More...   $0 (01-07-2014 - KS)

United States of America v. Bobby Jack Jenkins

Bobby Jack Jenkins, the Defendant - Appellant, made a series of threatening and obscene telephone calls to government offices in Wyoming. He was arrested and charged with three counts of making interstate communications with the intent to injure, in violation of 18 U.S.C. § 875(c). A jury convicted him on two of the counts, and the district court sentenced him to fifty-one months in prison.
   $0 (01-07-2014 - WY)

Laverne Johnson v. Parkwood Behavioral Health System

In this disability discrimination case, Laverne Johnson appeals the district court’s grant of summary judgment in favor of Defendant-Appellee.1 We AFFIRM.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1 There is some dispute as to whether... More...
   $0 (01-06-2014 - MS)

Mary L. Fox v. Elk Run Coal Company

Appellant Mary Fox contends that Elk Run Coal Company committed fraud on the court and thereby deprived her husband, coal miner Gary Fox, of nearly a decade of benefits under the Black Lung Benefits Act (“BLBA”). The Benefits Review Board (“BRB”) found that Elk Run’s conduct was not sufficiently egregious to meet the high bar for a claim of fraud on the court because it did not amount to... More...   $0 (01-06-2014 - WV)

Verdene Page v. McCain Foods, Inc.

This appeal arises from a long-litigated worker’s compensation case, but revolves solely around the issue of attorney fees. Claimant’s counsel, L. Clyel Berry, argues that he is entitled to a 40% attorney fee award, based on a contingent fee agreement he entered into with Claimant VerDene Page. The Industrial Commission, however, awarded Berry a 30% attorney fee award pursuant to Idaho Code §... More...   $0 (01-03-2014 - ID)

Teresa D. Thompson v. Carolyn W. Colvin

Thompson filed for SSI benefits alleging disability due to fibromyalgia, allergies, depression, anxiety, headaches, and problems with her knees, back, shoulder, hips, thighs, and neck. She requested and received a hearing before an administrative law judge (“ALJ”) at which she was represented by counsel.

Thompson and a vocational expert (“VE”) testified. The ALJ found that Thompson ... More...
   $0 (01-03-2014 - OK)

Joan Scully v. Shands Teaching Hospital and Clinics, Inc.

Petitioner, Joan Scully, seeks certiorari review of an order denying her motion for a protective order and authorizing Respondent, Shands Teaching Hospital and Clinics, Inc. (Shands), to obtain discovery of her medical and psychiatric records. We grant the petition in part.

In October 2011, Scully was voluntarily admitted to a psychiatric hospital as a result of an adverse reaction to a med... More...
   $0 (01-03-2014 - FL)

William Clark Spray v. Sears Holdings Corporation, K Mart Corporation and Enid OK Retail, LLC

William Clark Spray sued Sears Holdings Corporation, K Mart Corporation and Enid OK Retail, LLC on a premises liability theory claiming:


1. That the Plaintiffs are residents of the State of Oklahoma and have been domiciled in Garfield County, Oklahoma at all times material herein.

2. That Defendant, Sears is an Illinois Corporation with its princip... More...
   $0 (12-31-2013 - OK)

Brittney Robertson v. Victory Christian Center, Inc.

Brittney Robertson and Trust Company of Oklahoma, Limited Guardian of the Estate of M.B., sued Victory Christian Center, Inc. on an intentional infliction of emotional distress claiming:

1. Plaintiff is the respective parent and next friend (“Parent”) of M.B. (“Child Victim”) who is a female child under eighteen (18) years of age at all times relevant to the matters asserted herein.... More...
   $1 (12-31-2013 - OK)

John Dellegar v. State Farm Mutual Automobile Insurance Company

John Dellegar and Ellen Dellegar sued State Farm Mutual Automobile Insurance Company on a bad faith insurer liability theory 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 State of Oklahoma to cond... More...
   $0 (12-31-2013 - OK)

Yvon Wagner v. County of Maricopa

The central figure in this case, Eric Vogel, suffered from mental illness. Our system of laws is administered by rational human beings. It has always been a challenge to the legal system to interact with the irrational.


Yvon Wagner, as the personal representative of the estate of her brother, Eric Vogel, appeals the judgment of the district court in fav... More...
   $0 (12-30-2013 - AZ)

Toni Dykhoff v. Xcel Energy and CCMSI

Relator Toni Dykhoff fell and dislocated her left patella while attending a required training session at the general office of her employer, Xcel Energy. Dykhoff filed a claim for workers’ compensation benefits. The compensation judge held a hearing, found that Dykhoff’s injury did not arise out of and in the course of her employment, and denied Dykhoff’s claim. Dykhoff appealed to the Worke... More...   $0 (12-26-2013 - MN)

Stacy Graham v. Sheriff of Logan County

Two prison guards had sexual intercourse with Stacey Graham while she was in solitary confinement at the Logan County Jail in Oklahoma. The guards confessed and were fired immediately. Ms. Graham then sought damages in a civil-rights complaint under 42 U.S.C. § 1983 against the two guards and the county sheriff. She alleged a violation of the Eighth Amendment prohibition against cruel and unusual... More...   $0 (12-20-2013 - OK)

Lesley Leo Williams, Jr. v. Lynda Kaye Kerr

Lesley Leo Williams, Jr. sued Lynda Kaye Kerr on an auto negligence theory claiming:

1. On January 7, 2011, Plaintiff was involved in a motor vehicle collision caused by Defendant. The collision occurred in Oklahoma City, Oklahoma County, Oklahoma.

2. This court has jurisdiction over the subject matters in this claim.

3. The aforementioned collision was a direct result o... More...
   $1 (12-18-2013 - OK)


James McCarthy appeals from the Iowa Workers’ Compensation Commissioner’s finding that he is not permanently and totally disabled due to a respiratory injury and that his tinnitus did not arise out of his employment. Jeld-Wen, Inc. cross-appeals from the commissioner’s decision, claiming McCarthy was not entitled to healing-period benefits, and the evidence does not support the commissionerâ... More...   $0 (12-18-2013 - IA)

Jose Luis Pena v. County of Starr

Jose Luis Pena appeals from a summary judgment granted in favor of his former employer, Starr County, on Pena’s claims for retaliatory discharge, discrimination, and violation of the Family Medical Leave Act. We affirm in part, and reverse and remand in part.


Pena was hired as an animal control officer by Starr County on September 20, 2000. On September 12, 2005, Pena wa... More...
   $0 (12-18-2013 - TX)

Michelle Lynn Hawkins v. McDonald's

{1} McDonald’s (Employer) appeals from a compensation order entered pursuant to the Workers’ Compensation Act (the WCA), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013). Employer contends the Workers’ Compensation Judge (WCJ) erred in concluding that Michelle Hawkins (Worker) was entitled to temporary total disability (TTD) and permanent partial disability (PPD) benefits after ... More...   $0 (12-17-2013 - NM)

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