Employment Law Court Rulings

The plaintiffs appealed from the trial court's judgment dismissing their administrative appeal from the defendant commission's decision imposing civil penalties for violations of a state statute (§ 30-94 (a)) and its correspond- ing regulation (§ 30-6-A29 (a)), which prohibit a licensed permittee,…

In this appeal from an order indeterminately committing him as a sexually dangerous person (SDP), appellant argues that the district court erred in two ways: (1) the record does not establish by clear and convincing evidence that appellant is an SDP, and (2) alternatively, appellant proved by clear…

arbitration agreement, actual authority, apparent authority, guardianship, R.C. 2111.13, R.C. 2111.14, guardian of person, guardian of estate, R.C. 2111.50, incompetent, 2111.01(D)(1), contract

Judgment affirmed. The trial court properly found the purchaser, Benie, breached the parties' Asset Purchase Agreement ("APA") by failing to provide the seller, Momentum, with both the $69,269.00 and the $257,999.32 Bureau of Workers' Compensation ("BWC") policy holder dividend payments. Evidence…

Pursuant to the rules of practice (§ 2-47 (d) (1)), if a respondent attorney has been disciplined at least three times in a five year period preceding the date of the filing of a grievance complaint that gives rise to a finding of current misconduct, the Statewide Grievance Committee or a reviewing…

Under the corpus delicti statute, Minnesota Statutes section 634.03 (2024), when a district court correctly denies a defendant's motion for judgment of acquittal based on its determination that the trial evidence is sufficient to be presented to the jury because evidence independent of the…

This opinion addresses whether a leaseholder is a third-party beneficiary to a reciprocal waiver agreement between two operators, and whether the Court's jurisdiction and authority over the entire lawsuit is affected by the Court's disposition of the leaseholder's third-party-beneficiary claim. The…

This opinion addresses competing motions for summary judgment regarding liability for Defendant's alleged breach of a reciprocal waiver agreement. More specifically, the Court considers whether there are genuine issues of material fact concerning the definiteness of the agreement's essential terms…

Granting Defendant's motion to strike untimely filed summary-judgment evidence. Granting in part and denying in part Defendant's Traditional and No-Evidence Motion for Summary Judgment. One plaintiff is not entitled to damages as a matter of law, is not entitled to lost revenue or production as a…

APPELLATE REVIEW - Trial court judgment can only be immediately reviewed by an appellate court if it constitutes a final order; R.C. 2505.02(B); deferring damages for a later determination is not a final order.

ADMINISTRATIVE APPEALS - Teacher contract termination; R.C. 3319.16; abuse of discretion; statutory referee; credibility; deference; explanation for rejecting referee's findings; trial court applied correct legal standard; teacher contract nonrenewal; R.C. 3319.11; correction of procedural errors;…

CIVIL LAW - interlocutory order; statutorily appealable; denial of immunity; summary judgment; mayor; political subdivision; R.C. Chapter 2744; school resource officer; disbanded police department; additional funds; city manager; belief that sheriff's officer would staff; superintendent; citizen…

R.C. 124.341, civil servant, Greeley claim, R.C. 124.11, subject-matter jurisdiction, Civ.R. 12(B)(1), Civ.R. 12(B)6), Civ.R. 56(C), sex discrimination, public official intimidation, R.C. 4112.02, R.C. 2921.03(A)

This opinion addresses (i) whether the Property (Trust) Code bars a trustee from enforcing a punitive damages waiver; (ii) if not, whether the waiver in one bond financing contract applies to claims based on a related contract in the same financing; and (iii) whether a trustee owes continuing…

Denying the defendants' motion to dismiss under Rule 91a. The Court first finds that the case falls within the Court's jurisdictional scope and that the plaintiff's non-suit was not filed in time to prevent the court's ruling on the Rule 91a motion. It next finds that the plaintiff's application to…

In an interlocutory appeal brought by medical staffing companies concerning a physician-plaintiff's claim against them under the Virginia Whistleblower Protection Act, Code § 40.1-27.3, the Court of Appeals erred in affirming the denial of their plea in bar to that claim because the alleged…

This opinion addresses the ability of the Court to adjudicate legal malpractice and fractured malpractice-based claims arising out of an alleged attorney-client relationship involving an attorney, two business associates, and multiple business entities. The Court declines to consider whether an…