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Domestic Case Law

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3

Allen v. Totes Isotoner Corp.

The plaintiff-appellant, an employee of Totes/Isotoner Corporation, had for two weeks taken breaks without her employer’s knowledge to lactate. After the defendant fired her “for her failure to follow directions,” the plaintiff filed suit alleging wrongful termination on the basis of her pregnancy. The Butler County Court of Common Pleas granted summary judgment in favor of her employer, and the Court of Appeals of Ohio affirmed.

Amponsah v. Nyamaah

Mrs. Amponsah filed for divorce from her husband Mr. Nyamaah. She asked that a property the couple held be partitioned and that she receive her portion of its value. Mr. Nyamaah asserted that the house belonged to his father, who then granted the land to him. He argued that Mrs. Amponsah had no interest in the house, relying on a precedent which held that “a wife by going to live in a matrimonial home, the sole property of the husband, did not acquire any interest therein. She only had a right to live in the matrimonial home as long as the marriage subsisted.” The court held that Mr.

Anania v. Daubenspeck Chiropractic (Ohio Ct. App. 1998)

Two former employees of the defendant were subjected to repeated instances of sexual harassment by the clinic’s patients. The employees alleged that they complained to the defendant about the conduct, but he failed to take any corrective action. They filed suit in the Clark County Court of Common Pleas alleging sexual harassment. The court granted summary judgment in favor of the defendant, holding that Ohio law did not recognize such a claim based on the conduct of non-employees. In Anania v. Daubenspeck Chiropractic, 129 Ohio App.

Ancich v. Ancich

Father and Mother were divorced in 2003 and were granted joint custody of their son, Z.  In January 2008, Mother sought an order of protection against Father covering her house, her mother’s house, and Z’s school, claiming that Father, a police officer, had committed domestic violence against her, and had intimidated Z to a point where he left a suicide note.  After an evidentiary hearing, the family court found sufficient evidence to support an order protecting Mother.  The court found, however, evidence was insufficient to cover Z in the order, and thus removed Z’s school f

Anderson v. Save-A-Lot, Ltd.

The plaintiff was the co-manager of a Save-A-Lot grocery store in Memphis, where her immediate supervisor sexually harassed her daily and threatened to kill her if she reported the harassment. She reported him and transferred to another store, but suffered post-traumatic stress disorder (“PTSD”) and other psychological problems for which she sought medical treatment.

Anderson v. South Dakota Retirement System (S.D. 2019)

In Anderson v. S.D. Ret. Sys., 2019 S.D. 11, 924 N.W.2d 146, the plaintiff sought survivor spouse benefits from the South Dakota Retirement System after the death of her wife, a long term partner, who had been a member of the system. The wife retired in 2012, when same-sex marriage was not legally recognized in South Dakota. Following the Supreme Court’s decision in Obergefell v. Hodges in 2015, the couple legally married.

Andrew Manunzyu Musyoka (Deceased)

The applicants are the sons and wife of the deceased and are seeking to apply the Kamba customary law that would not permit a daughter to inherit her father's estate if she is married.  The Court held that the Kamba customary law is discriminatory insofar as it seeks to prevent a married daughter from inheriting her father's estate under the Succession Act.  It specifically noted that although the Kenyan constitution specifically provides for customary law to take precedence over the Constitution in matters dealing with property inheritance after death and other personal issues, K

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