The Commonwealth Court affirmed the Workmen's Compensation Appeal Board's reversal of the referee's reduction of benefits from total to partial disability, holding the employer failed to prove suitable work was actually available to the disabled claimant.
ERROR TO THE COURT OE COMMON PLEAS OE WASHINGTON COUNTY. No. 105 October Term 1887, Sup. Ct.; court below, No. 175 February Term 1887, C. P. The proceeding was a scire facias to revive et quare executionem non, by Wm. Smith & Son, for use of James H. Hopkins, against John M. Stockdale, upon a judgment to No. 228 February Term 1886. On January 12, 1886, to the number and term last referred to, a judgment was entered in favor of Wm. Smith & Son against John M. Stockdale, for $751, with interest from February 28, 1885, under the warrant of attorney contained in the following note:— Washington, Pa., February 27,1885. One day after date I promise to pay Wm. Smith & Son, seven hundred and fifty-one dollars, value received, and I authorize judgment to be entered against me for said sum with costs, with five per cent, attorney’s commissions. Waiving inquisition, exemption and stay of execution. John M. Stockdale. On March 29, 1886, Wm. Smith & Son assigned $374.19 of said judgment to James H. Hopkins, and on November 30, 1886, they assigned the remaining part of the judgment to Wm. E. Clarke. On December 18,1886, Mr. Hopkins caused to issue the scire facias in this proceeding. The writ recited the original entry of the judgment, its parties, date of entry and amount; the assignment to James H. Hopkins of the said $374.19; averred that execution remained to be done, and required the defendant “ to show if anything for himself he has or knows to say why the said plaintiff, the said James H. Hopkins, to the extent of his interest for his debt and damages aforesaid, should not have the above-stated judgment revived to continue the lien, and also why the said defendant should not have execution against him for the debt and damages aforesaid according,” etc. Mr. Hopkins having filed an affidavit of claim under the rules, setting forth that the defendant was indebted to him in the sum of $374.19 as of date March 29, 1886,
This summary was generated to explain the ruling in plain English and is not legal advice.
constructive discharge, hostile work environment, reverse racial discrimination, negligent hiring/retention/supervision
The plaintiff sought to recover damages from the defendant school district for her alleged constructive discharge from employment as a teacher. The plaintiff had been employed by the defendant for approximately twenty-four years when she resigned from her position in August, 2019. On December 19, 2019, she filed an age discrimination complaint with the Commission on Human Rights and Opportunities (CHRO). There- after, the CHRO issued a release of jurisdiction over the complaint, and the plaintiff commenced the present action against the defendant, alleging a violation of the Connecticut Fair Employment Practices Act (§ 46a-51 et seq.), constructive discharge, and breach of contract. The plaintiff, who was seventy years old, claimed that she was forced to resign after the defendant created an intolerable work environment by marginalizing and unfairly criticizing her because it wanted to replace her with a younger teacher. The defendant filed a motion to strike the plaintiff's complaint on the grounds that it was untimely and failed to state a claim on which relief could be granted. The trial court granted the defendant's motion, and, thereafter, the plaintiff filed an amended complaint alleging only constructive discharge. In that complaint, the plaintiff added allegations related to a report issued by the defendant on June 10, 2019, in which it acknowledged that an assistant principal had copied certain portions of the plaintiff's prior evaluations into her 2016–2017 school year evaluation and recommended a review of adminis- trators' practices of referencing evaluations from prior years. The defen- dant filed a motion to strike, which the trial court granted, finding that the plaintiff's complaint to the CHRO was untimely pursuant to the 180 day limitation period set forth in the applicable statute ((Rev. to 2019) § 46a-82 (f)), because the plaintiff had failed to identify conduct relating to an intolerable working environment that had persisted to June 22, 2019, o
Summary Judgment, Qualified Immunity, Civ.R. 56(C), 28 U.S.C. 1367(d), Civil Conspiracy, Wrongful Termination. Defendant established that tolling statues did not apply to Plaintiff's claims for civil conspiracy and wrongful termination in violation of public policy as the state of Ohio has consented to be sued in only one forum – the Court of Claims. Additionally, the Court held that the savings statute did not apply to Plaintiff's third attempt at filing the same claims. The remainder of Plaintiff's claims for conversion, intellectual theft, unjust enrichment, and lost opportunities were held to be untimely filed. Plaintiff's initial cause of action originated more than four years prior to the filing of this case. Accordingly, Defendant's motion for summary judgment was granted.
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