Daily Case Update Archive

As a service to our members, we monitor opinions issued from the Ohio Supreme Court, the Ohio State First District Court of Appeals, and the United States Sixth Circuit Court of Appeals.  You can read the latest summaries or archived summaries from 2005 or 2006.

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April 26, 2005

Today's topics:  FMLA: constructive discharge, FMLA: interference, insurance coverage: "fronting" policies

Ohio Supreme Court | Ohio First District | U.S. 6th Circuit - Ohio | U.S. 6th Circuit - Other States

Ohio Supreme Court

No opinions.

First District Court of Appeals

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No opinions.
 

U.S. Sixth Circuit Court of Appeals:  Ohio Cases

White v. Ins. Co. of the State of Penn. (April 26, 2005) (Appeal from N.D. Ohio)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0190p-06.pdf 
Robert E. Kerper, appellants; Dale D. Cook, Michael L. Close (Wiles Boyle Burkholder & Brindardner), Steven G. Janik, Devin J. Oddo (Janik & Dorman), appellee
White was injured while in the course and scope of his employment by a co-worker driving a tractor-trailer. He sued, seeking coverage under 2 policies issued by the defendant to his employer. The district court granted summary judgment to the insurance company, finding no coverage on either policy. Vacated, and remanded, relying on Ohio Supreme Court Gilchrist opinion (http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-7103.pdf), and finding that employer was not a self-insurer, but had a "fronting" policy (deductible=limit of liability).
 

U.S. Sixth Circuit Court of Appeals: Other States Cases

Saroli v. Automation & Modular Components (April 26, 2005) (Appeal from E.D. Mich.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0191p-06.pdf 
Saroli sued her employer, alleging constructive discharge in violation of the Family Medical Leave Act (FMLA). She had been the controller of the company, but found her position gone when she returned after taking an approved leave from the company. The district court granted the employer summary judgment. Affirmed dismissal of state law claims against individual, but reverse and remand on remaining state and FMLA claims, because Saroli has raised a genuine issue as to whether she was constructively discharged, and that her employer interfered with her right to take leave.

Daily Case Updates