Employment Law Court Rulings

Trial court abused its discretion when it reversed the appealable administrative order of the appellant/cross-appellee to terminate the employment contract of appellee/cross-appellant. Judgment reversed. R.C. 3319.16, Administrative appeal to trial court standard of review, a preponderance of…

Stay versus dismissal of action pending arbitration R.C. 2711.02(B) class arbitration contract interpretation Garmon preemption gateway issues for judiciary National Labor Relations Act

Workers' compensation-Violation of a specific safety requirement-Ohio Adm.Code 4123:1-5-17(G)(1)(a)(i)-Protective headgear must be provided whenever employees are required to be in places where their heads are exposed to potential hazards-Employer's argument was not waived-An employer does not face…

arbitration agreement, unconscionability, waiver of a jury trial, scope of arbitration

Negligence employer intentional tort Wellman v. East Ohio Gas Co., 160 Ohio St. 103, 113 N.E.2d 629 (1953) active participation open and obvious assumption of the risk deliberate misrepresentation.

Sealing of records-R.C. 2953.33(B)-Questions explicitly requiring disclosure of sealed convictions on Department of Developmental Disabilities applications to renew registration as adult-services worker did not violate R.C. 2953.33(B) because questions were directly and substantially related to…

R.C. 2307.91 et seq., Ohio Asbestos Reform Act, Federal Employers' Liability Act ("FELA"), 45 U.S.C. Sec. 51, et. seq., railroad worker, competent medical authority, substantial occupational exposure to asbestos. Viewed in a light most favorable to claimant pursuant to R.C. 2307.92, the trial court…

N.C.G.S. Sec. 97-84 waiver N.C. Workers' Compensation Act Statutory employer

The trial court erred in denying an employer's motion for judgment on the pleadings. Because the employee-claimant was precluded from refiling her complaint under R.C. 4123.512(D), the trial court should have granted the employer's motion for judgment on the pleadings. Reversed and remanded.

Arising out of and in the course of employment work-related activity negligence theory

Stay arbitration vehicle purchase Ohio Consumer Sales Practices Act CSPA negligent misrepresentation Magnusson Moss Warranty Act unconscionable procedural substantive adhesion unequal bargaining public policy due process protocol R.C. 2711.02 hearing discretion. Trial court's decision to stay case…

Retaliatory-discharge retaliation whistleblower retaliation. The trial court properly granted summary judgment in favor of a hospital in an action filed by a nurse who claimed she was discharged by the hospital in retaliation for her reporting an abuse by a nursing aide who raised all four rails of…

The trial court did not abuse its discretion in finding that the decision of an administrative law judge (ALJ) on a retaliation claim was supported by reliable, probative, and substantial evidence and that the ALJ had not improperly excluded evidence at the hearing. Judgment affirmed.

Breach of Contract—Unjust Enrichment—Colorado Wage Protection Act—Civil Theft—Conversion—Economic Loss Rule—Attorney Fees. Bermel entered into a "Contractor Agreement" with BlueRadios, Inc. under which he provided engineering services to BlueRadios. He also signed a "Proprietary Information and…

Property Tax Valuation—Standing—Fee Owner. Traer Creek-EXWMT LLC (Traer) is a lessee of a commercial building on Tract B. Under a "Declaration of Easements," Traer is contractually obligated to pay the property taxes "directly to the appropriate taxing authorities." But since Traer assumed the…