Employment Law Court Rulings

Appellant argues that the district court erroneously refused to consider evidence of sexual extortion in the denial of an order for protection (OFP) and made credibility determinations not supported by the record. We reverse and remand.

In this certiorari appeal from the decision of an unemployment-law judge (ULJ), relator challenges the ULJ's conclusion that she is ineligible for unemployment benefits because she was discharged for employment misconduct. She argues that (1) the ULJ's determination that she was discharged for…

Trial court did not violate homeowners' procedural due process rights despite failing to establish case schedule and providing compressed timeline for final hearing on zoning violation claims and counterclaims. Scheduling irregularities constituted harmless error where homeowners received adequate…

Granting Defendant/Counter-Plaintiff/Third-Party Plaintiff TMC's Traditional Motion for Partial Summary Judgment on Termination against Plaintiff/Counter-Defendant City Choice. Although City Choice's termination notice was clear and unequivocal; its tender of its termination notice was not the…

STANDING — PRELIMINARY INJUNCTION — RESTRICTIVE COVENANT — EMPLOYMENT AGREEMENT — NONCOMPETITION AGREEMENT — ABUSE OF DISCRETION: The trial court did not abuse its discretion in granting employee's request for a preliminary injunction to enjoin enforcement of the noncompetition restrictive covenant…

Civil law—Insurance—Arbitration agreements—The presumption of arbitrability applies to a bad-faith insurance-handling claim when the arbitration agreement contains a broad clause and the underlying civil action could not be maintained without referring to the insurance policy or the relationship…

Granting in part and denying in par Defendants' motion to dismiss under Rule 91a because the pleadings fail to state a legally cognizable claim for breach of contract or for veil piercing, and the fraud claim is adequately pleaded.. This opinion addresses Defendant's plea to the jurisdiction which…

plain language of lease, early termination clause validly employed by landlord, lease provided landlord right to cause vacation with 90-day notice (and tenant had right to vacate with 30-day notice).

summary ejectment, writ of possession, holdover tenant, counterclaim, affirmative defenses, retaliatory eviction, interlocutory appeal, substantial right, jurisdiction, dismiss

Interlocutory appeal; Rule 65 bond determination; petition for writ of certiorari.

Workers' Compensation Act; Pleasant claim; Rule 12(b) dismissal; subject-matter jurisdiction; special-employee doctrine

Appellee filed this action, as next of kin of Decedent, against Appellant nursing facility alleging that Appellant was negligent in its care of Decedent. Appellee also asserted a wrongful death claim. Appellant filed a motion to compel arbitration on its allegation that Decedent signed a binding…

Mandamus—Public-records requests—S.Ct.Prac.R 12.06(B) did not permit untimely filing of additional evidence that respondent inadvertently failed to file—Public office's conclusory statements failed to prove that investigation report was subject to public-records exemption—Public office failed to…

This is an appeal from an eviction judgment for respondent landlord based on nonpayment of rent by appellant tenant. In challenging that judgment, appellant argues that the district court abused its discretion because (1) respondent's counsel engaged in misconduct and (2) the eviction was…

This opinion addresses Defendant's plea to the jurisdiction which challenged the Court's jurisdiction over Plaintiff's third-party claims filed against multiple subcontractors who performed work on a construction project. The Court denied Defendant's plea to the jurisdiction, concluding the…

A mother appealed a juvenile court's modification of the permanent parenting plan for her daughter. Once briefing was complete and the case was submitted for decision, the mother voluntarily dismissed her appeal, leaving only the father's request for an award of attorney's fees incurred on appeal…

The trial court did not err in granting summary judgment in favor of appellees in appellant's defamation claim. The statements made by a commissioner and employee were protected by a qualified privilege. The trial court did err in granting more than $200,000 in back pay as a result of Open Meetings…

The Defendant, David A. Yost, Jr., appeals from his guilty-pled convictions for unlawfulpossession of a firearm by a person with a prior felony drug conviction, simple possessionof marijuana, and two counts of possession of drug paraphernalia, for which he receivedan agreed-to, effective eight-year…

Granting in part and denying in part Defendant's motion for partial summary judgment contending that Plaintiff's tortious interference with contract, defamation, and business disparagement claims are barred by the limitation-of-liability provision in the parties' 2022 agreement. Granting a…

As used in Minnesota Statutes section 268.19, subdivision 2(c), the phrase "absolutely privileged" provides immunity from liability in civil actions for which information submitted to the Department of Employment and Economic Development, in order to determine an applicant's entitlement to…

Granting a third-party defendant's special appearance arguing no personal jurisdiction over him because he did not commit any tortious acts while in Texas. Because the respondents did not plead or prove that this defendant has sufficient Texas contacts giving rise to the claims against him to…

The trial court awarded attorney's fees as sanctions against a petitioner and his attorney in this ouster proceeding, pursuant to Tennessee Code Annotated § 8-47-122(b), following a voluntary nonsuit of the petition. The trial court based its award of sanctions upon, inter alia, its determination…