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Workers Compensation Law
 
Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC
and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan
Palomar Airport (Airport) in the City of Carlsbad, California (City). His development
plans for the two lots were initially successful despite determinations by the San Diego
County Regional Airport Authority (Authority) tha... More...
   $0 (10-23-2017 - CA)

Mary Lyons v. Colgate-Palmolive Company

Plaintiff Mary Lyons appeals from the summary judgment entered against her on
her product liability claim against Colgate-Palmolive Company (Colgate), based on the
allegation that she developed mesothelioma from the use of Colgate’s Cashmere Bouquet
cosmetic talcum powder. In granting the motion, the trial court failed to comply with
Code of Civil Procedure section 437c, subdivisio... More...
   $0 (10-21-2017 - CA)

Gisselle Morales-Simental, a Minor, etc. v. Genentech, Inc.


I. INTRODUCTION
Plaintiffs and appellants Gisselle Morales-Simental, a minor, et al.1
appeal from
summary judgment granted in favor of defendant and respondent Genentech, Inc., one of
the defendants in this personal injury case. Morales-Simental alleges that she, with the
other named plaintiffs, suffered injuries and sustained damages as a result of the
negligence of d... More...
   $0 (10-20-2017 - CA)

State of Oklahoma v. Shannon James Kepler Tulsa County Courthouse - Tulsa, Oklahoma

Tulsa, OK - At The End Of A Four Trial - Jury Convicts Ex-Cop of Manslaughter

The State of Oklahoma charged Shannon James Kepler, age 57, with:

Count # 1. Count as Filed: HM11, MURDER - FIRST DEGREE, in violation of 21 O.S. 701.7
Date of Offense: 08/05/2014
Party Name Disposition Information
KEPLER, SHANNON JAMES
Count # 2. Count as Filed: SWIK, SHOOTING WI... More...
   $0 (10-19-2017 - OK)

John PD Doe v. San Diego-Imperial Council


I.
INTRODUCTION
Plaintiff John PD Doe was sexually abused by a Boy Scout master beginning in
1998 and continuing for a number of years at a ranch owned and operated by the
2
defendants, San Diego-Imperial Council and Boy Scouts of America (the defendants). In
2013, many years after the abuse and after Doe obtained psychological therapy, he filed
this action agains... More...
   $0 (10-19-2017 - CA)

George Melendez v. San Francisco Baseball Associates, LLC

Defendant San Francisco Baseball Associates LLC (the Giants)1
appeals from the
denial of its motion to compel arbitration of the wage and hour claims of plaintiff George
Melendez.2
Plaintiff, a security guard employed by the Giants at AT&T Park, contends
that he and other security guards were employed “intermittingly” for specific job
assignments (baseball games or other ev... More...
   $0 (10-18-2017 - CA)

Coletta Kim Benell v. The National Labor Relations Board and Babcock & Wilcox Construction Co., Inc. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

The central issue on appeal is whether the National
Labor Relations Board (the “NLRB” or “Board”) properly
determined that a new standard for deferring to arbitral
decisions, which was developed by the Board in the
underlying case, should only be applied prospectively. As a
result of the prospective application of the new standard,
Petitioner Coletta Kim Beneli’s unfair lab... More...
   $0 (10-17-2017 - CA)

Theresa Riffey v. Bruce V. Rauner Seventh Circuit Court of Appeals Courthouse - Chicago, Illinois

Class and collective actions are de-signed to provide an efficient vehicle to resolve the claims of a large number of plaintiffs in one fell swoop. They can offer benefits to both sides in a case: plaintiffs are able to aggregate resources in order to litigate small claims, and defendants can achieve a global resolution of the dispute. But class actions are
2 No. 16-3487
not always the bes... More...
   $0 (10-17-2017 - IL)

Robert Stein and Robert Beck v. HHGTREGG, Inc. and Gregg Appliances, Inc. d/b/a hhgregg Circuit Circuit Court of Appeals Courthouse - Cincinnati, Ohio

Defendants hhgregg, Inc. and Gregg
Appliances, Inc. have a uniform compensation policy whereby their retail and sales employees,
who are paid solely on the basis of commission, are advanced a “draw” to meet the minimumwage
requirements whenever their commissions fall below minimum wage. The amount of the
draw is then deducted from future earnings in weeks when the employees’ commis... More...
   $0 (10-15-2017 - OH)

Michael Shawn Burley v. Judith Elaine Burley Tarrant County Courthouse - Fort Worth, Texas

Appellant Michael Shawn Burley appeals from the trial court’s final decree of divorce, which it entered following a bench trial. In three issues, he argues that the trial court reversibly erred by failing to file findings of fact and conclusions of law following his timely request for the same, that the trial court’s child-support
1See Tex. R. App. P. 47.4.
2
award was an abuse of disc... More...
   $0 (10-14-2017 - TX)

In Re: Asbestos Products Liability Litigation (No. VI) Third Circuit Court of Appeals - Philadelphia, Pennsylvania

These asbestos cases involve the availability of the
“bare-metal defense” under maritime law. The defense’s basic
idea is that a manufacturer who delivers a product “bare
metal”—that is without the insulation or other material that
must be added for the product’s proper operation—is not
generally liable for injuries caused by asbestos in later-added
materials. A classic sce... More...
   $0 (10-13-2017 - PA)

H.E., et al. v. Walter D. Palmer Leadership Learning Partners Charter School; Commonwealth of Pennsylvania Department of Education Third Circuit Court of Appeals - Philadelphia, Pennsylvania

The Individuals with Disabilities Education Act contains a fee-shifting provision, which, provided that a parent of a child with a disability has emerged as “a prevailing party” in administrative or judicial proceedings challenging violations of the Act, renders the parent eligible for an award of attorneys’
3
fees. 20 U.S.C. § 1415(i)(3)(B). The parents in this case obtained a court order... More...
   $0 (10-13-2017 - PA)

Michelle Trotter v. 7R Holdings, LLC; Luis A. Rubi Gonzalez; M/Y Olga Third Circuit Court of Appeals - Philadelphia, Pennsylvania

In this appeal, we must determine whether the District
Court properly exercised its power to dismiss a case pursuant
to the forum non conveniens doctrine when it dismissed
3
Appellant’s claims under the Jones Act, 46 U.S.C. § 30104
(2012), and general maritime laws for unseaworthiness,
negligence, and maintenance and cure. We shall affirm the
District Court in two steps... More...
   $0 (10-13-2017 - VI)

VALY v. County of Fresno

Three Laotian correctional officers, Va Ly, Travis Herr and Pao Yang, were
allegedly subjected to racial and national origin discrimination, harassment and
retaliation by their employer, the County of Fresno (County), and its employees. The
three filed suit against the County pursuant to the Fair Employment and Housing Act
2.
(FEHA), Government Code section 12900 et seq., whil... More...
   $0 (10-13-2017 - CA)

James J. Thole v. U.S. Bank National Association Eighth Circuit Courthouse - St. Louis, Missouri

Named plaintiffs James Thole and Sherry Smith (collectively, “plaintiffs”)1
brought a putative class action against U.S. Bank, N.A. (“U.S. Bank”); U.S. Bancorp;
and multiple U.S. Bancorp directors (collectively, “defendants”),2 challenging the
defendants’ management of a defined benefit pension plan (“Plan” or “U.S. Bank
Pension Plan”) from September 30, 2007, to December 31, 2010.... More...
   $0 (10-12-2017 - MN)

Jose Flores; Ryan Reyes; Brian Perez v. City of Westminster, et al. Ninth Circuit Court of Appeals Courthouse - San Francisco, California

Jose Flores, Ryan Reyes, and Brian Perez, three police officers of Latino descent (collectively, “Plaintiffs”), sued their employer and, after a nine-day jury trial, they won. The officers alleged that the City of Westminster (“the City” or “the Department”) as well as current and former Westminster Police Chiefs Mitchell Waller, Andrew Hall, Ronald Coopman, and Kevin Baker (“the Chiefs”), discrim... More...   $0 (10-11-2017 - CA)

Theresa Riffey v. Bruce V. Rauner Seventh Circuit Court of Appeals Courtroom - Chicago, Illinois

Class and collective actions are de-signed to provide an efficient vehicle to resolve the claims of a large number of plaintiffs in one fell swoop. They can offer benefits to both sides in a case: plaintiffs are able to aggregate resources in order to litigate small claims, and defendants can achieve a global resolution of the dispute. But class actions are
2 No. 16-3487
not always the bes... More...
   $0 (10-11-2017 - IL)

Donna White v. Nancy A. Berryhill Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Donna White seeks reversal of the district court’s judgment upholding the
decision of an administrative law judge (ALJ) to deny her application for social
security disability benefits.1 We have jurisdiction under 28 U.S.C. § 1291 and
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs wi... More...
   $0 (10-10-2017 - OK)

Brandon Michael Gibby v. Hobby Lobby Stores, Inc. Oklahoma Supreme Court Courthouse - Oklahoma City, Oklahoma

¶1 This appeal determines the constitutionality of section 57 of the Administrative Worker's Compensation Act (AWCA), found at title 85A of the Oklahoma Statutes. Following a review of the record on appeal, the transcripts of the proceedings below, and the briefs of the parties and amici, this Court holds the forfeiture provision found at section 57 of title 85A violates the adequate remedy provis... More...   $0 (10-08-2017 - OK)

Angie Christensen . Will Lightbourne, as Director, etc.

This appeal presents a narrow question about what counts as family income when
determining a family’s eligibility for cash aid under the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program. (Welf. & Inst. Code, §§ 11200 et
seq.)1

Here, a CalWORKs applicant, Angie Christensen, lives with her husband and her
children. Her husband is the noncustodial... More...
   $0 (10-07-2017 - CA)

State of Oklahoma v. Deidre Matthews Delaware County Courthouse - Jay, Oklahoma

Jay, OK - Foster Parent Pleads Guilty To Child Abuse, Child Neglect and Child Endangerment

The State of Oklahoma charged Deidre Anne Matthews, age 50, with:

1. CHILD ABUSE, A FELONY, in violation of 21 OS 843-846

2. CHILD ABUSE, A FELONY, in violation of 21 OS 843-846

3. CHILD NEGLECT, A FELONY, in violation of 21 OS

4. CHILD NEGLECT, A FELONY... More...
   $0 (10-06-2017 - OK)

Darnice Linton v. DeSoto Cab Company, Inc.

Plaintiff Darnice Linton appeals from a judgment in favor of defendant DeSoto
Cab Company. Defendant initiated the trial court proceeding after the Labor
Commissioner found in favor of plaintiff on his claim for unpaid wages. Plaintiff had
alleged defendant violated certain wage and hour laws by requiring him to pay a set fee
(known as a “gate fee”) in exchange for obtaining a taxi... More...
   $0 (10-06-2017 - CA)

Redflex Traffic Systems, Inc. v. James H. Watson

Chapter 707 of the transportation code authorizes local governments to implement photographic traffic signal enforcement systems, commonly referred to as red-light cameras, within their jurisdictions and to assess a civil penalty against the owner of a motor vehicle that runs through a red traffic light in
1See Tex. R. App. P. 47.4.
2
violation of the applicable traffic laws. See Tex. ... More...
   $0 (10-05-2017 - TX)

United States of America v. Don Moss; Curtis Dantin; Grand Isle Shipyards, Inc.; Christopher Srubar Fifth Circuit Court of Appeals - New Orleans, Louisiana

A fatal welding accident occurred on an offshore oil platform in the Gulf
of Mexico in November 2012. Three years after that incident, the government
indicted the owner and operator of the platform and several oil platform
contractors, charging criminal violations of the Outer Continental Shelf Lands
Act (OCSLA), 43 U.S.C. §§ 1331, et seq., and the Clean Water Act, 33 U.S.C.
§§... More...
   $0 (10-05-2017 - LA)

Jennifer S. v. The Superior Court of San Francisco County, San Francisco Human Services Agency

In this consolidated writ proceeding, Jennifer S. (mother) and Kenneth S.
(father) seek extraordinary relief from the juvenile court order denying them both
reunification services with respect to their infant daughter, K.S. (born January 2017), and
setting a permanency planning hearing pursuant to section 366.26 of the Welfare and
Institutions Code.1
At the June 2017 dispositi... More...
   $0 (10-04-2017 - CA)

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