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Workers Compensation Law
 
Louise Broten v. James Broten

[¶1] James Broten appealed from a judgment and amended judgment, following a bench trial, finding that as personal representative to Olaf Broten's estate, he had breached his fiduciary duties by transferring real property to himself, and awarding Louise Broten damages in the amount of the fair market value of the property. We affirm and remand for further proceedings.

I

[¶2] Ja... More...
   $0 (05-27-2015 - ND)

Pamela Gillie v. Law Office of Eric A. Jones, L.L.C.

Plaintiffs Pamela Gillie and Hazel Meadows appeal the district
court order entering summary judgment in favor of Defendants Eric A. Jones; the Law Office of
Eric A. Jones, LLC (“Jones Law Office”); Mark J. Sheriff; Sarah Sheriff; and Wiles, Boyle,
Burkholder & Bringardner Co., LPA (“Wiles Law Firm”). Plaintiffs brought this action under
the Fair Debt Collection Practices Ac... More...
   $0 (05-08-2015 - OH)

Davis & Sanchez, P.L.L.C.v. University of Utah Health Care

¶1 Davis & Sanchez, PLLC is a law firm that represented Al-varo Diaz in a workers’ compensation claim against his employer, Beehive Telephone. The firm filed Diaz’s claim in the Utah Labor Commission in 2008. As a result of the firm’s efforts, the parties were able to settle this claim. Under a settlement agreement en-
DAVIS & SANCHEZ v. U OF U HEALTH CARE et al.
Opinion of the Cour... More...
   $0 (04-21-2015 - UT)

Securitas Security Services v. Denise Edwards

Securitas Security Services USA, Inc. (Securitas) petitions for a writ of mandate and/or prohibition challenging the superior court's order granting its amended motion to compel arbitration in which the court ordered the parties to arbitrate all of real party in interest Denise Edwards's claims, including her class action and representative claims under the Private Attorneys General Act of 2004 (P... More...   $0 (02-27-2015 - CA)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would... More...   $0 (02-20-2015 - CA)

Rebecca Gallardo v. Insurance Company of the State of Pennsylvania

Rebecca Gallardo, proceeding pro se, appeals a summary judgment rendered against her regarding her entitlement to supplemental income benefits. In a separate opinion issued this same date, we have determined that part of the summary judgment order is void and have directed the trial court to withdraw that part of the summary
2
judgment order. See In re Gallardo, No. 13-14-00203-CV, 2015 WL... More...
   $0 (02-19-2015 - TX)

Francisco Marenco v. DirecTV, LLC

In this putative class action, plaintiff Francisco Marenco contends that defendant DirecTV LLC violated state wage and unfair competition laws. (Lab. Code, § 212; Bus. & Prof. Code, § 17200 (UCL).) DirecTV moved to compel arbitration as the successor to an arbitration agreement between Marenco and his previous employer, 180 Connect, Inc., which was acquired by DirecTV. The trial court granted th... More...   $0 (02-05-2015 - CA)

Katherine Jackson v. AEG Live, L.L.C.

Plaintiff Katherine Jackson, on behalf of herself and as guardian ad litem of Michael Joseph Jackson, Jr., Paris-Michael Katherine Jackson and Prince Michael Jackson II (collectively, the “Jacksons”), appeals from a judgment in favor of defendants AEG Live, LLC, AEG Live Productions, LLC, Brandon Phillips, and Paul Gongaware (collectively, “AEG”) in this negligence action in connection wit... More...   $0 (01-30-2015 - CA)

Jeanna S. Cheney v. Zachary Poore

Jeanna Cheney appeals the Court of Appeals' decision affirming the district court's award of residential custody of her daughter, Justine Poore, to Justine's father, Zachary Poore. Like the Court of Appeals, we conclude that the district court erred in applying K.S.A. 2013 Supp. 23-3207(b) (dividing the residency of full siblings
3
between their parents) to the residential custody determin... More...
   $0 (12-19-2014 - KS)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

Randall A. Cobb v. Clever Brooks, FKA Aqua-Chem

Tulsa, OK - Randall A. Cobb, personal representative of the Estate of Alfred A. Cobb, Jr. deceased and Katherine S. Cobb, surviving spouse and Next of Kin of Alfred A. Cobb, Jr. sued Clever Brooks, fka Aqua-Chem, Afton Pumps, Aurora Pump Company, A.W. Chesteron Company, Bondex International, Inc. Capco Pipe Co., Inc. CBS Corporation, fka Viacom, Inc., fka Westinghouse Electric Corproation, Certain... More...   $0 (10-31-2014 - OK)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - 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)

Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...
   $0 (07-08-2014 - UT)

Randall Roy Mallory v. Brigham Young University

¶1 This case concerns the interpretation and application of the
term “Employee” in Utah’s Governmental Immunity Act (Act).
See UTAH CODE §§ 63G-7-101 to -904. Under the Act, plaintiffs who
have a claim against a governmental employee for acts committed
during the performance of the employee’s duties must file a notice
of claim within one year after the claim arises, ... More...
   $0 (07-08-2014 - UT)

Dana D. Colvin v. Joseph Giguere

¶ 1 While returning to Utah from a work project in Maryland, Kelly Colvin was killed in an automobile accident. Joseph Giguere, Colvin’s coworker, was driving the vehicle in which Colvin was a passenger when the accident occurred. Colvin’s widow and son brought this action against Giguere, arguing that Giguere’s negligence caused the accident. The district court granted summary judgment in ... More...   $0 (06-20-2014 - UT)

Vista Quality Markets v. Jorge Lizalde

Vista Quality Markets (“Vista”) appeals the trial court’s order denying its motion to compel arbitration. We reverse and remand to the trial court with instructions to enter an order compelling arbitration.

FACTUAL AND PROCEDURAL BACKGROUND

Vista is engaged in the business of operating grocery stores in El Paso, Texas, and is a non-subscriber to workers’ compensation. In Febr... More...
   $0 (06-08-2014 - )

Global Hawk Insurance Company v. Jerry Le

Appellant Jerry Le was one of two truck drivers on a cross-country trip for V&H Transport (V&H), a trip for which he would be paid a lump sum of $1,100, with no deductions. Le was seriously injured when, while he was asleep, the other driver was involved in a one-vehicle accident. After the accident, V&H refused to pay Le the lump sum promised, telling him that he did not finish the trip. He was a... More...   $0 (04-14-2014 - CA)

Tulsa Stockyards, Inc. v. Jason Clark

¶1 In this original proceeding, Tulsa Stockyards, Inc. (petitioner) challenges the constitutionality of the CompSource Mutual Insurance Company Act (Act), 2013 Okla. Sess. Laws, ch. 254 (codified at 85 O.S.Supp.2013, §§ 375.1 et seq.). The Act requires that CompSource Oklahoma (CompSource) be restructured to do business as a domestic mutual insurer without capital stock or shares under the name... More...   $0 (03-11-2014 - OK)

United States of America v. Lawrence E. Moody

United States Attorney Thomas E. Delahanty II announced that Lawrence E. Moody, 63, of Scarborough, Maine, was sentenced today in U.S. District Court by Judge Nancy Torresen to five months in prison, five months of home detention and three years of supervised release for federal workers’ compensation fraud. He was also ordered to pay $120,000 in restitution. Moody pled guilty to the charge on S... More...   $0 (03-05-2014 - ME)

Rick Brockel v. North Dakota Workforce and Safety Insurance

[¶1] Rick Brockel appeals from a judgment affirming an order of Workforce Safety and Insurance ("WSI") denying him medical benefits and terminating his disability benefits. We conclude WSI's finding that Brockel's right vertebral artery occlusion is not causally related to his work injury is supported by a preponderance of the evidence. We also conclude Brockel was denied a fair hearing because h... More...   $0 (02-13-2014 - ND)

City of Brighton and CIRSA v. Helen M. Rodriguez

¶1 We granted certiorari to consider whether an “unexplained” fall -- i.e., a fall with a truly unknown cause or mechanism -- satisfies the “arising out of” employment requirement of Colorado’s Workers’ Compensation Act, section 8-41-301(1)(c), C.R.S. (2013), and is thus compensable as a work-related injury. We also granted certiorari to decide whether an employer fails to meet i... More...   $0 (02-03-2014 - CO)

Clinton Williams v. Liberty Mutual Insurance Co.

The conflict of laws issue in this diversity case, removed from a Mississippi state court, is which state’s law, that of Mississippi or Alabama, applies to decide whether the plaintiff, a Mississippi resident injured in Mississippi while working for an Alabama resident contractor, has an action in tort for damages against the employer’s worker’s compensation insurer because of the insurer’... More...   $0 (01-28-2014 - MS)

Connie Bussman v.Safeco Insurance Company of America

Connie Bussman was driving a vehicle owned by her employer, Community National Bank (CNB), when she was injured in an accident that was caused by an underinsured motorist. Bussman settled with the underinsured tortfeasor for policy limits and then claimed underinsured motorist (UIM) benefits under CNB's commercial insurance package policy that included commercial automobile coverage, which Bussman... More...   $0 (01-24-2014 - KS)

Lucia Gonzalez v. Seal Methods, Inc.

Plaintiff Lucia Gonzalez was working for defendant Seal Methods, Inc. (SMI) when she was severely injured while loading material onto a die in a power press. She sought damages from SMI in a lawsuit filed under Labor Code1 section 4558, which allows an employee to “bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer... More...   $0 (01-24-2014 - CA)

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