Employment Law Court Rulings

LABOR UNIONS - R.C. 4117.03(A)(5) App.R. 4(B)(5) pursuant to 11th Dist. Loc.R. 3(D)(2) an appellant must attach a copy of the judgment entry appealed to the notice of appeal once an employee subject to a collective bargaining agreement authorizes his or her union to pursue a grievance, the cause of…

CIVIL MISCELLANEOUS - DRAM SHOP/R.C. 4399.18: Where there was no evidence that a liquor permit holder or an employee of the liquor permit holder had knowingly sold an alcoholic beverage to a patron who, after leaving the liquor holder's premises, drove in an intoxicated condition and caused the…

The parties in this case are before the Supreme Court on cross-appeals from a Superior Court judgment following a jury verdict in favor of the plaintiff, Matthieu W. Yangambi (plaintiff), on a single claim of employment discrimination based on national origin. The defendants, the Providence School…

Civ.R. 56/summary judgment motion for extension discovery. The trial court's grant of summary judgment for appellee as to appellant's employer intentional tort claim was proper. The record does not show any evidence to support the claim of intentional tort. The trial court erred in denying…

Open and obvious doctrine did not apply to inmate's use of a device to control window opening. Case remanded for a determination as to comparative negligence.

Magistrate's Decision adopted. The magistrate properly stated the pertinent facts and applied the appropriate law to find that relator had not demonstrated the Industrial Commission abused its discretion in calculating his average weekly wage or in denying his request for reconsideration. Writ of…

Employees Engineering Sanitary grievance administrative appeal administrative remedy motion to dismiss summary judgment exhaust early retirement exhaustion of administrative remedies county administrator. Plaintiffs failed to exhaust their administrative remedies by not filing an administrative…

Employee's writ of mandamus denied.

Limited writ of mandamus granted. Upon remand, the commission shall determine whether relator was able to return to his former position of employment on the date it was determined he had voluntarily abandoned his former position of employment. Objections to the magistrate's decision overruled.

Condominium Declaration—Common Expenses—Amendment—Colorado Common Interest Ownership Act—Motion for Leave to Amend—Indispensable Parties. The Francis parties are trusts and their fiduciaries and other individuals with ownership interests in the Aspen Mountains Condominiums. The parties' dispute…

The trial court did not err by entering summary judgment for Appellee on Appellant's claim for workers' compensation benefits. Generally, the coming-and-going rule bars compensation of a fixed-situs employee for injuries which occur off the work premises. Neither the zone-of-employment exception or…