Employment Law Court Rulings

Christy's Auto Rentals, Inc. (Christy's) appealed to the Supreme Court seeking review of a January 25, 2016 judgment of the Providence County Superior Court granting the motion for summary judgment of Massachusetts Homeland Insurance Company (Homeland) in this declaratory judgment action. On…

Industrial Commission did not abuse its discretion in granting claimant's PTD application where the medical opinion relied on by the commission provided some evidence to support the commission's finding that claimant is incapable of sustained remunerative employment solely due to the allowed…

District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

De novo review found no error in the Board of Tax Appeals affirming the tax commissioner's final determination that denied taxpayer's application for refund of commercial activity tax. Taxpayer's federal constitutional claims not supported by the record. Assignments of error overruled BTA decision…

Mandamus denied relator's refusal to subject himself to an examination by his employer's physician does not constitute good cause under R.C. 4123.65(C).

De novo review of summary judgment in favor of defendant-appellee municipal corporation affirmed when record shows that municipal corporation's employees exercised discretion for which R.C. 2744.03(A)(5) confers immunity.

CIV.R. 12(B)(6) – NEGLIGENCE – EMPLOYER INTENTIONAL TORT – R.C. 2745.01: Where plaintiff employee suffered a severe hand injury when a coworker activated a mixing machine, the trial court erred in dismissing under Civ.R. 12(B)(6) the employee's negligent-inspection claim against two companies hired…

Trial court's determination that appellants did not establish that a novation occurred in this case was not against the manifest weight of the evidence.

Contracts–trial court's determination to use company's tax returns for purposes of calculating "net profits" not against the manifest weight of the evidence when company vice president offered conflicting accounts of how she determined net profits trial court entitled to find vice president's…

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43 ambiguous overly broad Title IX FERPA R.C. 3319.321 personally identifiable information attorney-client privilege non-record quasi-agency non-existent moot. Overview: Requester sought a Title IX investigation report and other…

legal malpractice, statute of limitations, termination date, cognizable event, fraud, separate claims

Taxation—R.C. 5739.01(B)(3)(k)—Sales tax imposed on transactions by which "employment service" is provided—R.C. 5739.01(JJ)—Definition of "employment service"—Providing personnel to perform work or labor "under the supervision or control of another"—Employment-service inquiry under R.C. 5739.01(JJ)…

The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule. A district court's determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal. An award of damages for an unjust enrichment claim is reviewed under…

The trial court did not err in refusing to stay the litigation of certain claims pending arbitration where (1) those claims that were not part of the action that included the arbitrable claims and (2) the parties to the claims at issue had not executed an arbitration agreement.

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

Summary judgment in favor of appellees on appellant's claim for retaliatory discharge is warranted where appellant has not demonstrated a genuine issue of material fact regarding whether appellees' proffered legitimate reason for the adverse employment action is mere pretext.

Formalistic compliance with an opt-out notice is not required to validly opt-out of a class action. A vehicle owner, who, by admission, knows little about cars and has never done any service on any cars, nor personally observed the condition, is not qualified to offer an opinion, either as an…

The common pleas court did not abuse its discretion on R.C. 3319.16 appellate review when it affirmed the board of education's order terminating teacher's employment. Judgment of the common pleas court affirmed.

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43(B)(8) inmate standing res judicata. Overview: Requester inmate and his designees sought records pertaining to his criminal case. The Prosecutor's Office argued that Ellis lacked standing to seek enforcement of requests filed by his…

Civ.R. 52 motion for findings of fact and conclusions of law following bench trial.

Workers' Compensation, law of the case doctrine, disability determination