Dr. Marvin Wayne Couch appeals from summary judgment entered in favor
of defendants, Memorial Hospital of Carbon County (“MHCC�), a small rural
hospital where he has staff privileges, the hospital’s chief administrator, and six
of the ten other physicians who have privileges at MHCC. Dr. Couch brought this
action, pursuant to 42 U.S.C. § 1983, to remedy an alleged deprivatio... More...   $0 (11-17-2009 - WY)

¶1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.

Mr. Smith a... More...   $0 (11-16-2009 - OK)

In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word “afterâ€� because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass’... More...   $0 (11-13-2009 - IL)

Nancy McKenna appeals from a take nothing judgment in her suit for gender discrimination against W & W Services, Inc. In her sole issue, McKenna claims that the trial court erred in denying her Batson challenge. We affirm.



Background

McKenna applied for a job as a truck driver with W & W Services. W & W Services did not hire McKenna, and McKenna believed that ... More...   $0 (11-13-2009 - TX)

Roman Wypart and Bonnie Marcus sued PQ Corp. on age discrimination violation theories under 42 U.S.C. 2000e. They claimed that Defendant, a chemical manufacturing firm, targeted only older workers in layoffs in 2005 and fired them because of their ages. The claimed that Colleen Del Monte, a PQ manager, said that the company needed to "get rid of of some of these old farts." They also claimed th... More...   $6200000 (11-12-2009 - PA)

After working twenty-two years, Plaintiff Thomas Wetzler (“Wetzlerâ€�) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the “Planâ€�). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Inte... More...   $0 (11-10-2009 - IL)

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for... More...   $0 (11-09-2009 - )

The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Court’s grant of summary judgment to the defendant, the West Chester Area School District (“Districtâ€�). The plaintiffs made claims under the Individuals with Disabilities in Education Act (“IDEAâ€�), § 504 of the Rehabilitation Act of 1973, and 42 U.S.C. § 1... More...   $0 (11-02-2009 - PA)

Antonia Susel, age 59, sued Dix & Eaton on a wrongful termination theory claiming that she was fired because of his age by the Cleveland, Ohio public relations firm employer in 2007. She also claimed that she was fired for complaining that she was subject to age discrimination at her job.


Defendant denied wrongdoing.

... More...   $1032000 (10-31-2009 - )

This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment’s protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01–623.07. The Ordinance established two different ... More...   $0 (10-30-2009 - PA)

We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Boardâ€�) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDAâ€�)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More...   $0 (10-30-2009 - WA)

The appeal and cross appeal in this matter concern claims of a hostile work environment, vexatious litigation, intentional infliction of emotional distress and attorney’s fees. The plaintiff, Debra Perez, appeals from the judgment of the trial court, rendered after a jury trial, in her favor on her claim of a hostile work environment and in favor of the defendant, C. Donald Lane, Jr., doing busi... More...   $0 (10-27-2009 - CT)

Beta Upsilon Chi a/k/a Brothers Under Christ (“BYXâ€�) is a Christian fraternity. In 2007, the University 1 of Florida (“UFâ€� or “Universityâ€�) denied BYX official recognition because of its refusal to adhere to UF’s nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with t... More...   $0 (10-27-2009 - FL)

Pat Raborn was hired as a receptionist at Inpatient Management Partners, Inc. (“Inpatientâ€�) in 1996. After she was hired, she was promoted twice and became Inpatient’s Network Operations Manager. In her role as a manager, Raborn supervised several workers at Inpatient, including Sophie Martinez and Sandra Williams. In February 2003, Martinez and Williams sued Inpatient for race discriminatio... More...   $0 (10-27-2009 - TX)

Julie Stephens Long’s employment with the Teachers’ Retirement System of the State of Illinois (“TRS�) came to an end on February 3, 2006.

While TRS maintains that it fired her for poor performance, Long believes that she was fired in retaliation for taking leave under the Family and Medical Leave Act (“FMLAâ€�). The district court granted summary judgment in favor of TRS, which L... More...   $0 (10-23-2009 - IL)

Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nathâ€�) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Pruckaâ€�) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More...   $0 (10-23-2009 - TX)

Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADAâ€�), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier r... More...   $0 (10-22-2009 - IN)

Felix Lara appeals the district court’s rulings in favor of his former employer, Unified School District #501 (“USDâ€�). The district court dismissed his state workers’ compensation claim and one of his claims under the Americans with Disabilities Act (“ADAâ€�), 42 U.S.C. § 12101 et seq. It then granted summary judgment in favor of USD on Lara’s claims under the ADA, Family and Medical ... More...   $0 (10-22-2009 - KS)

Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More...   $0 (10-16-2009 - IL)

The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaintâ€� language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain... More...   $0 (10-16-2009 - WI)

Kathleen Sharp appeals the district court’s dismissal of one federal claim (Title VII) and three related state-law claims against the Worthington City School District Board of Education. We affirm.

I.

Sharp taught in the Worthington school district from 1992 until the school board fired her in 2008. At some point near the end of her tenure, she filed discrimination charges against ... More...   $0 (10-16-2009 - OH)

Plaintiff-Appellant Michael E. McKinzy, Sr., appearing pro se, appeals the district court’s order denying his motion for summary judgment and granting the motion for summary judgment of defendant-appellee Union Pacific Railroad. Mr. McKinzy, who proceeded pro se in the district court as well, brought a failure-to-hire employment discrimination case against Union Pacific, filing his original comp... More...   $0 (10-15-2009 - KS)

Ali Amir appeals an order dismissing his complaint against Marquette University. He alleged that the University discriminated against him on the basis of his national origin, in violation of federal antidiscrimination laws, 42 U.S.C. §§ 1981 and 2000d, when it dismissed him from the School of Dentistry. On his previous appeal this court reversed a summary judgment in the University’s favor,... More...   $0 (10-15-2009 - WI)

In a complaint dated May 1, 2008, plaintiff Emad Elkadrawy, an American citizen of Egyptian origin and a Muslim, alleged that his former employer, The Vanguard Group, Inc. (“Vanguardâ€�), discriminated against him on account of his race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and his age under the Age Dis... More...   $0 (10-10-2009 - PA)

Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was “to liberalize the granting of motions for summary judgment.â€� (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.â€� It has been described as having a salutary effect, ridding the system, on an expeditious and effi... More...   $0 (10-09-2009 - CA)