Wrongful Termination Cases

An employer of an independent contractor generally is not liable for the negligence of the independent contractor. North Dakota law recognizes an implied warranty of fitness for a particular purpose in construction contracts. A contracting party cannot escape its liability on the contract by merely…

NEGLIGENCE – NEW TRIAL – R.C. 2307.23 – EMPTY-CHAIR DEFENSE: In a wrongful-death action brought by the surviving spouse of a utility worker who died when a rotted utility pole collapsed on him, the trial court did not err in denying the pole inspection company's motion for judgment as a matter of…

respondeat superior, employee versus independent contractor status, right to control

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with…

Administrative Procedure Termination Just Cause Due Process Findings of Fact Conclusions of Law Attorney's Fees Back Pay

The trial court erred in granting Appellees' complaint seeking to enjoin the OHSAA's enforcement of its determination of ineligibility to participate in interscholastic athletics.

We granted this Rule 9 interlocutory appeal in this healthcare liabilty action to consider whether termination of representation by plaintiff's prior legal counsel a few weeks before the expiration of the statute of limitations in this healthcare liability action constitutes sufficient…

This interlocutory appeal involves a complaint for damages under the Public Employee Political Freedom Act. The chancery court transferred the case to circuit court after determining that only unliquidated damages were "available" under the statute. We conclude that the complaint failed to allege…

This is an appeal of the termination of a tenured teacher's employment pursuant to the Tenure Act, Tenn. Code Ann. §§ 49-5-501 to – 515. The Director of Schools of the Franklin Special School District filed Charges for Dismissal of the tenured teacher on the grounds of unprofessional conduct,…

Court lacked subject-matter jurisdiction of age discrimination claim against school board where employee elected to file OCRC charge tortious violation of rights not recognized claim under Ohio law employee failed to submit proper evidence to support disability discrimination claim employee failed…

Disability discrimination perceived prima facie transitory and minor. A plaintiff claiming disability discrimination cannot make out a prima facie case of being perceived as disabled if the plaintiff's injuries are transitory and minor — defined under federal law as an impairment with an actual or…

Because R.C. 119.12(N) expressly limits an agency's right to appeal an adverse ruling of the common pleas court to questions of law relating to the constitutionality, construction, or interpretation of statutes and rules of the agency, the court of appeals did not have jurisdiction of an appeal by…

Common pleas court did not abuse its discretion by affirming Unemployment Review Commission determination on the facts of this case, that medical transportation company's drivers were employees rather than independent contractors. The common pleas court examined the twenty factors set forth by rule…