Breach of Contract Cases

The trial court denied Appellant, employee, relief under the Fair Labor Standards Act, and employee appeals. Because the trial court's judgment does not clearly show that it applied the correct legal standard in deciding the case, we vacate and remand.

Employee handbook unjust enrichment payment of accrued, unused PTO summary judgment

PUBLIC EMPLOYEE – COLLECTIVE-BARGAINING AGREEMENT – UNFAIR LABOR PRACTICE – WRONGFUL DISCHARGE – DISCRIMINATION – JURISDICTION: The State Employment Relations Board has exclusive jurisdiction over a wrongful-discharge claim brought against a public employer by an employee subject to a…

Res judicata

MALPRACTICE - legal where appellant discharged her attorney by letter in July 2015 and a cognizable event occurred in November 2015 when she signed a grievance against her attorney with Disciplinary Counsel, appellant's cause of action accrued and the statute of limitations began to run in November…

No error disposing case because no issue of material fact existed to challenge whether employment was governed by CBA no jurisdiction.

The plaintiff, Prospect CharterCARE, LLC (PCC), appealed from an order of the Superior Court denying its motion to vacate an arbitration award and confirming the award in favor of the defendant, Michael E. Conklin, Jr. On appeal, PCC contended that the arbitrator exceeded his authority by: (1)…

Buy and Sell Contract—Mineral Rights—Warranty Deed—Negligence—Breach of Contract—Statute of Limitations—Third Party—Cause of Action—Accrual Date. The Bells hired Orr Land Company LLC (Orr) and its employee Ellerman to represent them in selling their real property. Orr found a buyer and the Bells…

Appeal dismissed. Since the non-compete and non-solicitation covenants are the subject of the parties' assignments of error, and said provisions expired on May 9, 2017, any judgment of this court would not have any impact on a genuine, live controversy. As such, the parties' assignments of error…

LEGAL MALPRACTICE - PROCEDURE/RULES - CIV.R. 56 - SUMMARY JUDGMENT: For purposes of determining the proper statute of limitations, a cause of action is determined not from the language or form of the complaint, but from the gist-the essential ground or object-of the complaint where plaintiffs'…

CONTRACTS - DAMAGES: Where the parties' elevator-maintenance contract clearly and unambiguously provided that defendant would be responsible for paying the difference between plaintiff's regular and overtime billing rates if it requested that plaintiff perform services outside of the contractually…

Employment at-will Defamation