Employment Law Court Rulings

Error to the District Court of Allegheny county. This was an. application to the District Court of Allegheny county for an injunction to restrain the defendants from the use of certain works, and from prosecuting certain improvements specified in the bill, over and through a portion of the South…

The Court addresses whether the Texas Legislature's amount-in-controversy threshold reduction gives the Texas Business Court jurisdiction to hear a previously remanded action and whether the subsequent removal of the action was proper and timely. The Court examines the statutory construction of…

In this force-majeure dispute arising out of a contract for the purchase and sale of natural gas based on the North American Energy Standards Board base-contract form, the parties dispute (a) whether the transaction confirmations are part of their contract and (b) which one controls over the other.…

The plaintiff appealed from the trial court's judgment for the defendant, rendered following its grant of the defendant's motion for summary judgment on the plaintiff's complaint alleging, inter alia, employment discrimination based on disability. The plaintiff claimed, inter alia, that the court…

DOMESTIC RELATIONS – VISITATION – termination of visitation rights; abuse of discretion standard of review; the trial court reviewed the factors in R.C. 3109.051(D) and concluded it was in the minor child's best interest to terminate Appellant's visitation; however, the court did not make the…

The plaintiff appealed from the trial court's order remanding its administra- tive appeal from the decision of its human rights referee, which concluded that the defendant employer had discriminated against its former employee, M, on the basis of her disability but that M failed to establish that…

The plaintiff appealed, on the granting of certification, from the judgment of the Appellate Court, which had reversed the decision of the Compensation Review Board. The board had upheld an award of statutory (§ 31-307 (a)) total incapacity benefits to the plaintiff in connection with injuries that…

Motion to compel arbitration; unconscionability; abuse of discretion; App.R. 16(A)(7). Plaintiff alleged causes of action regarding a contract with defendant. Defendant moved to compel arbitration based on arbitration clause in contract. The trial court did not abuse its discretion by ordering…

Summary judgment Civ.R. 56 expanding allegations on summary judgment disparate treatment sex discrimination hostile work environment constructive discharge appellant's burden on appeal App.R. 12(A)(2) App.R. 16(A)(7). It was appellant's burden, as the appellant, to affirmatively demonstrate…

Trial court committed reversible error by selecting de facto termination date without providing its rationale, ordering a division of assets and liabilities in absence of competent, credible evidence, and failing to calculate the proportionate share of retirement benefits that accrued during the…

Signatory arbitration agreement jurisdiction mistake defense vacate appeal Civ.R. 60(B) confirmation award contract. The trial court did not commit reversible error by denying defendant's motion to vacate the trial court's confirmation order. The trial court did not commit reversible error by…

The trial court did not err by granting appellee a civil stalking protection order against appellant pursuant to R.C. 2903.214(C)(1) where the trial court's finding appellant had engaged in a pattern of conduct that either knowingly caused appellee to believe that appellant would cause her physical…