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Disability Law
 
City of Miami v. Cheryl K. Haigley

The City of Miami (“City”) appeals the trial court’s final summary
judgment, which struck down a provision in section 2-234 of the City of Miami
Code that requires non-residents of the City to pay $100 more than residents of the
City who use the City’s emergency medical transportation services (“non-resident
surcharge.”).1 The trial court struck the non-resident surchar... More...
   $0 (07-23-2014 - FL)

In the Interest of A.W.D., a Child

Through three issues, appellant Otis W. Dupre challenges an order confirming registration in Texas of a Kentucky child support order. We will affirm.
Background
On March 25, 2003, a Kentucky circuit court signed a divorce decree in the marriage of Dupre and D.M.S. According to the decree, they are the parents of A.W.D. The decree ordered Dupre to pay $100 a month in child support.
Appe... More...
   $0 (07-23-2014 - TX)

In re J.F. a Person Coming Under the Juvenile Court Law

Defendant and appellant N.D. (mother) was a minor when the Department of Children and Family Services (the Department) filed a petition under section 300 of the Welfare and Institutions Code1 on behalf of her 17-month-old son J.F. The juvenile court found jurisdiction because of mother’s mental condition, declared J.F. to be a dependent, and ordered him to remain in the home of mother. The juven... More...   $0 (07-23-2014 - CA)

Children and Families Commission of Fresno County v. Edmund G. Brown, Jr.

Plaintiffs Children and Families Commission of Fresno County (Fresno
Commission), Madera County Children and Families Commission (Madera
Commission), First 5 Merced County (Merced Commission), First 5 Solano Children and
2.
Families Commission (Solano Commission) and Kendra Rogers (collectively the
Commissions), appeal from a postjudgment order denying their motion for attorney... More...
   $0 (07-22-2014 - CA)

Timothy Sandquist v. Lebo Automotive, Inc.

In this class action, plaintiff Timothy Sandquist purports to appeal from the trial
court’s August 14, 2012 order granting defendants’ motion to compel him to arbitrate his
individual claims, as well as defendants’ motion to dismiss all class claims without
prejudice. Although this order is not appealable, we liberally construe Sandquist’s notice
of appeal to include the tr... More...
   $0 (07-22-2014 - CA)

Marc Kutten v. Sun Life Assurance Co.

Marc Kutten sued Sun Life Assurance Company of Canada, alleging that Sun
Life improperly denied him long-term disability benefits under a disability plan
governed by the Employee Retirement Income Security Act of 1974 (ERISA). Sun
Life and Kutten filed cross-motions for summary judgment. The district court denied
Sun Life’s motion for summary judgment and granted Kutten’s motio... More...
   $0 (07-22-2014 - MO)

Lori Rhea v. General Atomics

This appeals presents a challenge to General Atomics' employment practice of requiring exempt employees to use their annual leave hours when they are absent from
2
work for portions of a day. Although Conley v. Pacific Gas & Electric Co. (2005) 131 Cal.App.4th 260, 263 (Conley) established that California law does not prohibit an employer "from following the established federal policy perm... More...
   $0 (07-21-2014 - CA)

William L. Keller v. Commissioner of Social Security

Following a successful claim for Social Security disability benefits, Appellant William Keller filed a motion asking the court to approve the contingency fee arrangement he agreed to with his lawyer. The magistrate judge who handled the motion determined that a fee in the amount of $11,876.65 was reasonable pursuant to 42 U.S.C. § 406(b)(1), and Keller appealed. For the reasons stated below, we a... More...   $0 (07-21-2014 - FL)

Leopoldo Benavides v. Workers' Compensation Appeals Board

Leopoldo Benavides and his employer’s workers’ compensation insurance carrier agreed in a stipulated award that Benavides was injured in the course and scope of his employment leaving him 51 percent permanently disabled.
Following a timely petition to reopen, the workers’ compensation judge (WCJ) found Benavides to be 72 percent permanently disabled, based on a report prepared by the agr... More...
   $0 (07-18-2014 - CA)

Josafat Rodriguez, Jr. v. City of Santa Cruz

Petitioner Josafat Rodriguez, Jr., a former Santa Cruz police officer, applied to the City of Santa Cruz (the City) for industrial disability retirement, alleging psychiatric disability due to posttraumatic stress disorder (PTSD). The City denied Rodriguez’s application. Rodriguez challenged that denial by means of a petition for a writ of administrative mandate, which the superior court denied.... More...   $0 (07-17-2014 - CA)

Monira Ulkarim v. Westfield, LLC

Monira Ulkarim appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16)1 her complaint against Westfield LLC (Westfield). She alleges several counts against Westfield relating to the termination of a lease allegedly in violation of a lease agreement. Plaintiff contends her complaint does not arise from protected activity under the anti-SLAPP statute and she established a p... More...   $0 (07-17-2014 - CA)

John Stillwell v. Halff Associates, Inc., and Diane Popken

John L. Stillwell appeals from a summary judgment granted in favor of Halff Associates, Inc. and Dianne Popken in his wrongful termination lawsuit. On appeal, Stillwell contends the trial court erred in granting summary judgment and in overruling his objections to Halff’s summary judgment evidence. Concluding that fact issues exist, we reverse the trial court’s judgment and remand this case to... More...   $0 (07-15-2014 - TX)

Karen Engebrecht v. Commissioner of Social Security

Karen Engebrecht appeals an adverse decision of an Administrative Law Judge (ALJ)
denying her Social Security Disability Insurance Benefits (DIB). The district court held that the
decision by the ALJ was supported by substantial evidence based upon the proper legal standard
and therefore granted summary judgment in favor of defendant Commissioner of Social Security.
We agree and af... More...
   $0 (07-15-2014 - MI)

Degary Burbridge v. Commissioner of Social Security

DeGary L. Burbridge appeals the district court’s judgment affirming the denial of his application for supplemental security income benefits. We VACATE and REMAND for further proceedings.
I.
In 2008, Burbridge (born September 22, 1978) filed an application for supplemental security income (SSI) benefits, asserting a disability beginning in February 1980. After the Social Security Administ... More...
   $0 (07-15-2014 - KY)

Karen S. Garrison v. Carolyn W. Colvin

Karen Garrison appeals from a denial of Social Security
benefits, arguing that the Administrative Law Judge (“ALJ”)
erred in rejecting her symptom testimony and in assigning
little weight to the opinions of her treating medical
caretakers. In a decision that the Commissioner does not
contest, the district court determined that the ALJ erred in
assessing the medical opin... More...
   $0 (07-15-2014 - CA)

E.M. v. Pajaro Valley Unified School District Office of Administrative Hearings

In 2004, before E.M. entered the fourth grade, he was first
tested for a learning disability. Through this lengthy
litigation it has been established that E.M. has an auditory
processing disorder or a central auditory processing disorder.
However, in the fall of 2004 and the spring of 2005, E.M.’s
school district, the Pajaro Valley Unified School District
(“PVUSD”) te... More...
   $0 (07-15-2014 - CA)

Scott Pendergrass v. John Angell

Scott Pendergrass v. John Angell

I.
The Plaintiff was a resident of Tulsa County, State of Oklahoma at the time of the events which are subject to this action.
II.
Upon information and belief, the Defendant was a resident of Tulsa County, State of Oklahoma at the time of the events which are subject to this action. .
cri
This action arises out of a motor vehicle accide... More...
   $0 (07-14-2014 - OK)

Karen S. Garrison v. Carolyn W. Colvin

Karen Garrison appeals from a denial of Social Security
benefits, arguing that the Administrative Law Judge (“ALJ”)
erred in rejecting her symptom testimony and in assigning
little weight to the opinions of her treating medical
caretakers. In a decision that the Commissioner does not
contest, the district court determined that the ALJ erred in
assessing the medical opin... More...
   $0 (07-14-2014 - AZ)

Searcy Ferguson and The Estate of Margaret Miller v. The Plaza Health Services at Edgemere

In 2006, Margaret Miller became a resident of Plaza Health Services at Edgemere (“Edgemere”). Miller’s son, Searcy Ferguson, executed the Assisted Living Admission Agreement as the “responsible party.” The appellants agreed to pay certain amounts to appellee for Miller’s care and treatment. In 2010, Miller entered the skilled nursing resident program at Edgemere. Once again, Ferguson e... More...   $0 (07-10-2014 - TX)

J.M. Hillister, LLC v. Architectual Access Board

This case turns on the interpretation and application of a Massachusetts regulation requiring that each
2
"entrance" to a public building or facility be accessible to persons with disabilities.
1 See G. L. c. 22, § 13A; 521 Code Mass. Regs. §§ 5.1, 25.1 (2006). The Architectural Access Board (board) issued a final decision concluding that each of the three doorways of a retail store... More...
   $0 (07-10-2014 - MA)

Tracey Chandler v. Mark W. Valentine, M.D.

¶1 The issue in this matter is whether an insurer may agree to cancel a "claims made" policy with the knowledge that a potential claim is pending without violating the statutory prohibition on retroactive annulment of an insurance policy following the injury, death, or damage for which the insured may be liable. See Okla. Stat. tit. 36, § 3625 (2011). This Court holds that it may not and affirms... More...   $0 (07-02-2014 - OK)

Joennes Gil v. Cargo Force, Inc. and Gallagher Bassett Services, Inc.

In this workers’ compensation case, Claimant appeals a final order denying him payment of temporary partial disability benefits (TPD) based on his medical noncompliance. Because the record contains competent substantial evidence supporting the Judge of Compensation Claims’ (JCC) finding that Claimant did not take reasonable steps to secure the medical care when first offered by the Employer/Ca... More...   $0 (07-01-2014 - FL)

United States of America v. Christopher George Perry f/k/a Christopher Perry

A federal jury convicted Christopher Perry of three counts of fraud related to his receipt of Social Security and healthcare benefits. On appeal, Defendant argues that the district court should have dismissed the indictment because it did not include essential elements of the fraud charges and was barred by the statute of limitations. In addition, Defendant contends that the government failed to p... More...   $0 (07-01-2014 - MD)

Dat Nguyen v. Shaylann K. Cutrell

Dat Nguyen, individually and as parent and next friend of An Nguyen, a minor, v. Shaylann K. Cutrell

Issue # 1.
Issue: FRIENDLY SUIT (SUIT)
Filed by: Nguyen, Dat
Filed Date: 05/16/2014
Party Name: Disposition Information:

Defendant: Cutrell, Shaylann K
Disposed: ORDER APPROVING SETTLEMENT, 06/26/2014. Judge.

Plaintiff: Nguyen, Dat
Dispo... More...
   $1 (06-30-2014 - OK)

The People v. Christopher Jamees Sattiewhite

A jury convicted defendant Christopher James Sattiewhite of the rape (Pen. Code, § 261),1 kidnapping (§ 207), and murder (§ 187) of Genoveva Gonzales. The jury found true the special circumstance allegations that the murder occurred during the commission of the rape and kidnapping (§ 190.2, subd. (a)(17)(B), (C)), and it found that defendant personally used a firearm during the commission of t... More...   $0 (06-30-2014 - CA)

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