Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3935605

Regular

Apr 09, 2009

JOHANNA HOAGLAND vs. CITY OF ROHNERT PARK, REMIF

This case, involving Johanna Hoagland and the City of Rohnert Park/REMIF, is dismissed because the petitioner has withdrawn their Petition for Reconsideration. The Board issued an order formally dismissing the petition that was filed. The dismissal is effective as of April 9, 2009.

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardJohanna HoaglandCity of Rohnert ParkREMIFADJ3935605SRO 0113564Frank M. Brass

References

Case No. ADJ6916816

Regular

Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order

References

Case No. MISSING

Regular Panel Decision

Diaz v. Michigan Logistics Inc.

Plaintiffs (Johanna Diaz, et al.) sued Michigan Logistics Inc. d/b/a Diligent Deliveries, Northeast Logistics, Inc. d/b/a Diligent Deliveries (collectively, "Diligent"), and Parts Authority Inc. for alleged violations of the FLSA and NYLL, claiming misclassification as independent contractors and denial of minimum wage and overtime. Defendants moved to compel arbitration, citing owner-operator agreements with arbitration clauses. Plaintiffs opposed, arguing they were exempt from the FAA as transportation workers and that Parts Authority, a nonsignatory, could not compel arbitration. The court, presided by Judge Wexler, granted the defendants' motion, finding that even if the FAA did not apply, New York arbitration law favored arbitration and that Parts Authority could compel arbitration under equitable estoppel. Consequently, the Opt-in Plaintiffs' claims were dismissed without prejudice, and the case was stayed pending arbitration.

Fair Labor Standards ActNew York Labor LawArbitrationIndependent Contractor ClassificationWage and Hour ClaimsOvertime CompensationClass Action WaiverCollective Action WaiverFederal Arbitration ActEquitable Estoppel

References

Case No. MISSING

Regular Panel Decision

Stutz v. Depository Trust Co.

Johanna Stutz sued The Depository Trust Company pro se under Title VII, alleging harassment and retaliatory termination for filing a discrimination charge. The defendant sought partial summary judgment, arguing lack of subject matter jurisdiction for events after September 30, 1977, as Stutz's retaliation claim was not filed with the EEOC. The court, however, applied equitable tolling to the 300-day filing limit, citing mistaken advice from a DHR representative and no prejudice to the defendant. The motion for partial summary judgment was granted, dismissing claims after the specified date, but without prejudice to Stutz's right to file her retaliation charge with the EEOC within sixty days.

Title VIICivil Rights ActRetaliationEmployment DiscriminationEquitable TollingSummary JudgmentPro SeEEOCDHRTime Limits

References

Showing 1-4 of 4 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

JOHANNA HOAGLAND vs. CITY OF ROHNERT PARK, REMIF

Petition for ReconsiderationDismissedWithdrawnWorkers' Compensation Appeals BoardJohanna HoaglandCity of Rohnert ParkREMIFADJ3935605SRO 0113564Frank M. Brass

SARAH HOAGLAND vs. COUNTY OF YUBA

Diaz v. Michigan Logistics Inc.

Stutz v. Depository Trust Co.

Title VIICivil Rights ActRetaliationEmployment DiscriminationEquitable TollingSummary JudgmentPro SeEEOCDHRTime Limits