Employment Law Court Rulings

Ohio Civil Rights Commission—Common pleas court has jurisdiction to modify order of commission—Proper measure of damages in employment discrimination case—Where amount of backpay that would have been received by victim of employment discrimination is unclear, ambiguities are resolved against…

Pursuant to the rules of practice (§ 23-24), once a petition for a writ of habeas corpus is filed in the Superior Court, ''[t]he judicial authority shall promptly review [the] petition . . . to determine whether the writ should issue. The judicial authority shall issue the writ unless it appears…

The plaintiff, S, sought to recover damages from the defendant attorney for alleged statutory (§ 52-564) theft in connection with the defendant's conduct during prior judicial proceedings involving the foreclosure of a municipal lien filed against S's real property. The defendant, acting as B Co.'s…

Court of Claims erred when it granted summary judgment to appellee on appellant's breach of contract claim where the evidence presented by appellant permitted the inference that appellant's academic advisor harbored an age-related bias against appellant and subsequently persuaded another member of…

Political-subdivision tort liability—R.C. 2744.09(B)'s exception to immunity for civil actions by an employee "relative to any matter that arises out of the employment relationship between the employee and the political subdivision"—R.C. 2744.09(B) does not require that the alleged tortious conduct…

Workers? compensation, jurisdiction, interlocutory, transformation of 12(b)(6) into summary judgment, lent employee doctrine, no genuine issue of fact

In 2014, the General Assembly enacted a statute waiving Tennessee's sovereign immunity for claims brought against the State pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301 to 4335 ("USERRA"). The waiver of sovereign immunity became effective on…

In this attorney disciplinary appeal, upon petition by the Tennessee Board of Professional Responsibility, this Court ordered the temporary suspension of the attorney from the practice of law based on the threat of substantial harm he posed to the public. For a time, the attorney was placed on…

disability discrimination - age discrimination - legitimate, nondiscriminatory basis for employment action - pretext - timing of notifying employer

The trial court did not err in granting summary judgment in favor of appellee. Appellant was not an intended third-party beneficiary to the contract between appellant's employer and appellee, and appellant's tortious interference with contract claim fails because he presented no evidence that…

Trial court's determination that petitioner failed to satisfy the mandates of R.C. 3113.31(A)(1)(a) for the issuance of a domestic violence protection order is against the manifest weight of the evidence where the trial court's factual findings, appellee's admissions, and the evidence in the record…