Employment Law Court Rulings

Workers' compensation—Although death benefits may be granted or denied based on dependent status as defined in R.C. 4123.59, the denial or grant of benefits is not appealable unless it concerns the causal connection between injury, disease, or death and employment—R.C. 4123.60 dependency issues are…

CERTIFIED MAIL – SIGNATURE – PANDEMIC – RETURN RECEIPT – CIV.R. 4.1 – SERVICE OF PROCESS - JURISDICTION: Service of process was not effective under Civ.R. 4.1(A)(1)(a) where the mail carrier signed the certified mail receipt on behalf of the recipient due to the Covid-19 pandemic, in contravention…

Pursuant to statute (§ 52-557n [a] [2] [B]) and the common law of this state, respectively, municipalities and their employees enjoy qualified immunity from liability for their negligent acts or omissions in the perfor- mance of duties that require the exercise of judgment or discretion. The…

Attorney–Client Privilege,Implied Waiver. In this original proceeding pursuant to C.A.R. 21, the Supreme Court reviewed the district court's determination that petitioner State Farm Fire and Casualty Company impliedly waived the attorney–client privilege protecting communications between it and its…

C.A.R. 21.1— Certified Questions of State Law—Colorado Wage Claim Act—Statute of Limitations—Statutory Construction. The Supreme Court accepted jurisdiction under C.A.R. 21.1 to answer a certified question of law from the U.S. District Court for the District of Colorado regarding how far back in…

Trial court did not err in granting an employer's motion for judgment notwithstanding the verdict and alternative motion for new trial on a former employee's race-based discrimination claim under the McDonnell Douglas framework where the employee admitted to accessing a patient's confidential…

The trial court's judgment finding that appellant failed to carry his ultimate burden of demonstrating that the adverse employment action resulted from unlawful discrimination was not against the manifest weight of the evidence.

Exclusivity of Workers' Compensation Act Court-Created Exceptions Employment in an Ultrahazardous Activity