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Disability Law
Dennis Boyer and Richard Smith v. Ernest Smith, Suzanne Cassidy, Esq., and In-Plas, Inc.

Indiana courts may exercise personal jurisdiction over non-residents to the fullest extent of “minimum contacts” precedent under the Fourteenth Amendment. Still, we scrutinize those contacts closely so out-of-state defendants will not be unfairly called into our state to defend themselves. Here, a Kentucky attorney’s contacts and connections with Indiana were far too minimal to permit personal jur... More...   $0 (09-20-2015 - IN)

United States of America v. David E. Hunnicutt

Macon, GA - Retired Railroad Worker Sentenced For Disability Fraud

David E. Hunnicutt, age 58, of Macon, Georgia was sentenced September 16, 2015 by the Honorable Marc T. Treadwell, United States District Judge, in Macon, Georgia. Mr. Hunnicutt was sentenced to 12 months and a day imprisonment, he was ordered to pay $273,060.52 in restitution to the Railroad Retirement Board (RRB), and he... More...
   $0 (09-18-2015 - GA)

Citizens Against Casino Gambling in Erie Cty. v. Chaudhuri

This  appeal  has  a  long history  that,  as  mentioned  above, 5  
includes three lawsuits. While much of that background is described 6  
here, a more detailed history can be found in the district court’s 7  
prior opinions in those cases. See Citizens Against Casino Gambling in 8  
Erie Cty. v. Kempthorne, 471 F. Supp. 2d 295 (“CACGEC I”), amended 9  
on reconsideration by ... More...
   $0 (09-18-2015 - NY)

Melendrez v. Ameron Internat. Corp

Melendrez worked for Ameron and its predecessors from approximately 1961 to 1985, performing various tasks in the manufacture of Ameron’s Bondstrand pipe. The pipe, which was designed to transport extremely corrosive materials, contained asbestos, and Melendrez was exposed to asbestos from the manufacturing process in the course of his employment with Ameron.
The plant where Melendrez work... More...
   $0 (09-17-2015 - CA)

Robert Hurtt v. International Services, Inc.

Plaintiff-Appellant, Robert Hurtt (“Hurtt”),
appeals the district court’s order granting summary judgment to Defendant-Appellee,
International Services, Inc. (“ISI”) on Hurtt’s claims of: (1) disability discrimination and failure
to accommodate under the Americans with Disabilities Act (“ADA”),1 42 U.S.C. § 12112(a);
(2) Michigan’s Persons with Disabilities Civil Rights Act (“PWDCR... More...
   $0 (09-16-2015 - )

United States of America v. Edward Ross

Edward Ross appeals from the denial of his motion
under 28 U.S.C. § 2255 to vacate, set aside, or correct his
criminal sentence. He asserts that his trial and appellate
counsel rendered ineffective assistance to him when they
failed both to challenge a deficient jury instruction and to
challenge the sufficiency of the evidence on one of his counts
of conviction. Because we ... More...
   $0 (09-15-2015 - PA)

A.F. v. Espanola Public Schools

The Individuals with Disabilities Education Act requires public school
districts that accept federal funding to furnish a “free appropriate public
education” to their disabled students. 20 U.S.C. § 1412(a)(1). Sometimes, of
course, disputes arise over whether the school district is doing the job it’s agreed
to do. This is one of those cases. Christine B., the mother of a student kn... More...
   $0 (09-15-2015 - NM)

Henlopen Landing Homeowners Association v. Vester

In November 2011, JaKara Vester filed a housing discrimination complaint
with the Delaware Division of Human Relations (the ―DDHS Action‖) alleging
discrimination based on race, disability, and familial status in connection with the
Henlopen Landing Homeowners Association’s (―HOA‖) refusal to approve certain
requested accommodations.2 Ms. Vester also al... More...
   $0 (09-14-2015 - DE)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...   $0 (09-14-2015 - UT)

Common Cause Indiana v. Individual Members of the Indiana Election Commission

Indiana Code § 33-33-49-13 (“the Statute” or “the Partisan Balance Statute”) establishes the system for the election of judges to the Marion Superior Court in Marion County, Indiana. This system is unique in Indiana, as it is the only office where primary election voters do not vote for as many candidates as there are persons to be elected to that office in the general election. See Ind. Code § 3-... More...   $0 (09-13-2015 - IN)

North Jersey Brain & Spine Cen v. Aetna Inc

NJBSC is a neurosurgical medical practice located in Bergen County, New Jersey. NJBSC treated three patients who were members of ERISA-governed healthcare plans administered by defendant-appellee Aetna, Inc. Prior to surgery, each patient executed an assignment that read, in relevant part: “I authorize [NJBSC] to appeal to my insurance company on my behalf. . . . I hereby assign to [NJBSC] all... More...   $0 (09-13-2015 - NJ)

Angel Patton v. Jalynn Cole

Tulsa, OK - Angel Patton sued Jalynn Cole on an auto negligence theory claiming:

1. This is an action arising out of an auto collision. Plaintiff asserts claims for negligence
andlor gross negligence.
2. At all times material hereto, Plaintiff Angel Patton (“Ms. Patton”) is and was a citizen
and resident of Tulsa County, Oklahoma.
3. At all times material hereto, Defendant... More...
   $1 (09-09-2015 - OK)

Bobby Delk v. David Stanley Dodge, LLC

Oklahoma City, OK - Bobby Delk sued David Stanley Dodge, LLC on a negligence theory claiming:

1. PLAINTIFF, Bobby Delk, STATES: That on or about the 13th day of September, 2012, P aintiff was having his pickup serviced at the David Stanley Dodge LLC operating as an auto dealers p in Midwest City, Oklahoma. While his vehicle was being serviced, Plaintiff was looking at a Do ge 300 that was... More...
   $1 (09-09-2015 - OK)

Thomas V. Engfer vs. General Dynamics Advanced Information Systems, Inc.

Respondent Thomas V. Engfer ended his employment with General Dynamics
Advanced Information Systems, Inc., in December 2011. Thereafter, Engfer applied for
and received state unemployment benefits from appellant Department of Employment
and Economic Development (DEED), and supplemental unemployment benefits through
a plan offered by General Dynamics. DEED subsequently reviewe... More...
   $0 (09-09-2015 - MN)

Myrtle Macom v. Donnetta Irene Martin

Myrtle Macom sued Donnetta Irene Martin, Skyler Graham Tuter and Debra Tuter on auto negligence theories claiming:



The accident described herein occurred in Jklahoma County. This Court has jurisdiction over the parties and ubject matter. The amount in controversy exceeds $25,000.00.


That at all times herein mentioned the Pla... More...
   $1 (09-09-2015 - OK)

John Yarberry v. Gregg Appliances, Inc.

Hhgregg first hired Yarberry as a sales associate in a Cincinnati store in October 2010,
promoted him to management training in February 2011, and offered him a position as an
Appliance Sales Manager in its Cranberry, Pennsylvania store in July 2011. However,
Yarberry’s first day of work at the Cranberry store, on August 1, 2011, also proved to be his last
with Hhgregg.
A... More...
   $0 (09-06-2015 - OH)

Mary C. Fontaine v. Metropolitan Life Insurance Company

In 1989, the Supreme Court held
that courts should apply de novo review in suits challenging
denials of employee benefits governed by the Employee Retirement
Income Security Act of 1974, better known as
ERISA. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115
(1989); see 29 U.S.C. § 1132(a)(1). But there was a catch. If the
benefit plan provided expressly for a differ... More...
   $0 (09-04-2015 - IL)

Juan E. Cortes v. MTA New York Transit

8 Juan E. Cortes appeals from Judge Vitaliano’s grant of
9 summary judgment to MTA New York City Transit (“MTA”), dismissing
10 appellant’s claims under the Americans with Disabilities Act
11 (“ADA”), 42 U.S.C. §§ 12112-12117. Before bringing the present
12 action, appellant filed a substantially similar disability
13 discrimination claim with the New York State Division of Hum... More...
   $0 (09-04-2015 - NY)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court


condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Hynes v. Good Samaritan Hosp.

This is the second time the case has been before this court. In Hynes v. Good Samaritan Hosp., 285 Neb. 985, 830 N.W.2d 499 (2013), we vacated the award because the testimony of the employer’s witnesses had been lost due to no fault of either party and, therefore, the record was insufficient to undertake a meaningful appellate review of the case. We remanded the cause for a new trial. On remand, t... More...   $0 (09-04-2015 - NE)

John Yarberry v. Gregg Applicances, Inc.

Gregg Appliances (“Hhgregg”) terminated an employee,
John Yarberry, after he exhibited bizarre behavior over the course of two days, including
misconduct at a company store, and was subsequently involuntarily committed to a psychiatric
hospital. Yarberry sued, alleging violations of the Americans with Disabilities Act (“ADA”), 42
U.S.C. § 12112, and both parties filed cross motions... More...
   $0 (09-03-2015 - OH)

In the Interest of J. R., a child

J.R. appeals the trial court’s final order in a suit affecting the parent-child relationship. On appeal, he presents two issues. We affirm.
J.R. is the father of J.R.1,1 born May 21, 2005. The mother of the child, L.R., is not a party to this appeal. On September 5, 2013, the Department of Family and Protective Services (the Department) filed an original petition for protection ... More...
   $0 (09-02-2015 - )


In September 2008, Tavia Sills was nearly five months pregnant. A few
weeks earlier, she had informed 18-year-old Lamondre Tucker that she believed he
was the father of her unborn child. On September 9, 2008, Tucker picked Tavia up
at the home of her mother, Vickie Britton. Tucker claimed that his sister, Alexis
Metcalf, had asked to meet Tavia after learning of the pregnancy.... More...
   $0 (09-02-2015 - LA)

Osborne v. Baxter Healthcare Corp.

In 2007, BioLife replaced three positions—medical historian, phlebotomist, and
sample prep technician—in its workforce with a single PCT position, which performed
three primary functions: (1) taking donors’ medical history, (2) monitoring the area
where donors give plasma to watch for adverse reactions, and (3) working in the sample
preparation area where donated plasma is pro... More...
   $0 (08-30-2015 - WY)

Steven Stockman v. GE Life, Disability & Med. Plan

Near midnight on October 19, 2009, Steven Stockman fell two stories from a ladder
while he was attempting to change a light bulb in his home. Stockman “landed on his feet, and
experienced immediate pain in his left foot.” Stockman’s wife, Nicky Leonard (“Leonard”),
drove him to the hospital, where he was admitted to the emergency room and initially diagnosed
with a severe an... More...
   $0 (08-30-2015 - OH)

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