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Opinion Digests

Employer fined $25K for failure to maintain comp insurance (access required)

Although an employer objected that a $25,000 fine was “burdensome, excessive and in violation of public policy,” the record showed the employer failed to maintain required workers’ compensation insurance and the fine was affirmed. Background Employer owns and operates a ...

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Failure to ask lawyer to appeal dooms effort to vacate sentence (access required)

A defendant who did not instruct his attorney to bring an appeal cannot later claim the attorney rendered ineffective assistance of counsel for not appealing his sentence. Background Petitioner was indicted in a 16-count indictment on Oct. 15, 2015. On ...

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Counterclaims in misappropriation case fail (access required)

Counterclaims brought by a former employee accused of misappropriating company funds are dismissed for insufficient facts and lack of evidence. Background Plaintiffs, a business corporation and its president, allege that defendant Teresa B. Barringer was a long-time company employee in ...

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Former employee pleads claim for FMLA retaliation (access required)

Plaintiff’s termination shortly after taking FMLA leave plausibly pleaded a claim for FMLA retaliation. Background Snipes began working for the jail authority in 2005. Snipes supervised several other employees, received employee evaluations demonstrating that he was a commendable employee and ...

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