Retaliation Law
 
Kim Iann Manning v. American Republic Insurance Company

Kim Iann Manning (“Manning”) was denied short-term disability benefits and subsequently terminated from employment by American Republic Insurance Company (“ARIC”). She sought judicial review of the benefits decision under the Employee Retirement Income Security Act. 29 U.S.C. § 1132 et seq. She also asserted ERISA retaliation and interference claims. The district court2 affirmed ARIC’s

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Phillip Martin v. Cornell Companies, Inc.

Phillip Martin, an Oklahoma state prisoner proceeding pro se,1 appeals the district court’s orders granting defendants’ motions to dismiss and for summary judgment on his claims brought under 42 U.S.C. § 1983. We exercise jurisdiction under 28 U.S.C. § 1291 and affirm.

BACKGROUND

Mr. Martin was formerly incarcerated at the private prison, Great Plains Correctional Facility,

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Harley Barfoot v. Public Service Company of Colorado, d/b/a Xcel Energy

Plaintiff Harley Barfoot appeals from the district court’s entry of summary judgment in favor of his former employer, defendant Public Service Company of Colorado (the Company), on his claims for unlawful discrimination under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and the Age 1In a third claim Mr. Barfoot asserted that the Company retaliated against him for assert

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Patricia Rodriguez v. Wet Ink d/b/a Alphagraphics

Patricia Rodriguez appeals the district court’s dismissal of her federal employment discrimination suit against her former employer, Wet Ink, LLC. The district court held Rodriguez’s suit was time barred because she filed it more than 90 days after she received a notice of right to sue from the Colorado Civil Rights Division. We conclude the state agency’s notice in this case does not trigge

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Darris L. Lumpkin v. United Recovery Systems, L.P.

Plaintiff Darris L. Lumpkin, appearing pro se, appeals from the district court’s order granting summary judgment in favor of defendant United Recovery Systems (United), and its order denying his post-judgment motions. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The parties are familiar with the facts, which are set forth in the district court’s eighteen-page summary jud

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Stephen Walter Phillips v. The Pepsi Bottling Group

Stephen Phillips appeals from the district court’s denial of his motions to conduct alternative discovery and for recusal of the district judge, and from the district court’s grant of summary judgment against him in his age discrimination action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. Because the district court did not abuse its discretion in denying the

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Jody-Brammer-Hoelter v. Twin Peaks Charter Academy

Plaintiffs appeal the district court’s grant of summary judgment to Defendants on remand from our decision in Brammer-Hoelter v. Twin Peaks Charter Academy, 492 F.3d 1192 (10th Cir. 2007). In the previous appeal, we affirmed the district court’s entry of judgment for Defendants on most of Plaintiffs’ claims but remanded for further proceedings on their three First Amendment claims—(1) that

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Geoffrey Nels Fieger v. Maura D. Corrigan; Robert P. Young, Jr.; Stephen J. Markman

This is another case brought by Michigan trial attorney and politician Geoffrey Fieger regarding his feud with several justices of the Michigan Supreme Court. See, e.g., Fieger v. Gromek (Fieger IV), Slip Op., No. 07-2342, 2010 WL 1565484 (6th Cir. Apr. 21, 2010); Fieger v. Mich. Sup. Ct. (Fieger III), 553 F.3d 955 (6th Cir. 2009); Fieger v. Ferry (Fieger II), 471 F.3d 637 (6th Cir. 2006); Gilbert

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Jimmie Butler v. Cooper Standard Automotive, Inc.

Jimmie Butler appeals the district court’s grant of summary judgment for Cooper-Standard Automotive and a supervisor at Cooper-Standard, Timothy Barnhisel, on Butler’s claims of race discrimination, a hostile work environment, and retaliation in violation of federal and Ohio law. The district court granted summary judgment for Cooper-Standard and Barnhisel after determining that Butler could n

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The Estate of John L. Oliva, Jr. v. State of New Jersey, Department of Law and Public Safety

This matter comes on before this Court on an appeal from an order of the District Court entered on September 30, 2008,1 granting Appellees’ motion for summary judgment and denying the request of Appellant, John Oliva, for leave to amend further his already twice amended complaint. See Estate of Oliva v. New Jersey, 579 F. Supp. 2d 643 (D.N.J. 2008). Though the Court denied summary judgment to a

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Michael Tillman v. Southern Wood Preserving of Hattiesburg, Inc.

Micheal Tillman sued his former employer, Southern Wood Preserving of Hattiesburg, Inc., for violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e). He alleged that Southern Wood discriminated against him on the basis of his race and that Southern Wood retaliated against him for filing a complaint with the Equal Employment Opportunity Commission. On Southern Wood’s motion for

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Jeanette Colwell v. Rite Aid Corporation, d/b/a Rite Aid; Susan Chapman

Jeanette Colwell, a former part-time retail clerk at a Rite Aid store in Pennsylvania, appeals from the District Court’s order granting summary judgment for the appellee, Rite Aid of Pennsylvania, Inc. (“Rite Aid”),1 in Colwell’s suit claiming disability discrimination.

I.

Background2

Sometime in April 2005, Colwell was hired as a cashier at the Rite Aid store in

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Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th

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Iyare Egonmwan v. Cook Sheriff's Department, et al.

Egonmwan was charged with custodial sexual misconduct while employed as a correctional officer in the Cook County jail’s women’s division and subsequently terminated.1 After being acquitted of the charges, Egonmwan brought this lawsuit against the Cook County Sheriff’s Department, which operates the Cook County Department of Corrections (CCDOC) and Sheriff’s Police (CCSP); the County of Co

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Aleather Thompson v. UHHS Richmond Heights Hospital, Inc.,e t al.

This case arises out of the termination of plaintiff Aleather Thompson on November 2, 2005, from her job as Food Production Supervisor at Richmond Heights Hospital in Cleveland, Ohio. Thompson claims that her former employer, UHHS Richmond Heights Hospital (“Hospital”), Sodexho Management, Inc. (“Sodexho”), the third-party contractor in charge of the Hospital’s food service, and Sodexho

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Alan Alnoso v. Huron Valley Ambulance Incorporated

Appellants, Alan and Kimberly Alonso, appeal the district court’s grant of summary judgment in favor of Appellee Huron Valley Ambulance on the Alonsos’ employment discrimination claims, contending that the district court applied the wrong standard in evaluating Huron Valley Ambulance’s Grievance Review Board process for fairness. Alternatively, they allege that even if the district court app

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Harry J. Samuels v. John E. Potter

Plaintiff Harry J. Samuels appeals from the entry of summary judgment in favor of the defendant Postmaster General of the United States Postal Service on Mr. Samuels’ claims of employment discrimination and retaliation. Mr. Samuels has limited this appeal to his claims regarding two alleged incidents of retaliation, involving his temporary placement on one day’s AWOL status for an unapproved a

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Rocky Mountain Rogues, Inc. d/b/a Bull Moose Saloon v. Alpine, Wyoming, et al.

Rocky Mountain Rogues, Inc., doing business as Bull Moose Saloon, and its principals (together, the Bull Moose), brought a 42 U.S.C. § 1983 suit against the Town of Alpine and a number of its officials involved in a dispute over its liquor license and the issuance of a building permit to expand its business. The Bull Moose claimed the Alpine Defendants violated its rights by (1) depriving it of d

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Phillip Hill v. Ricoh Americas Corporation

Phillip Hill sued Ricoh Americas Corporation in the United States District Court for the District of Kansas, alleging that he was terminated from his position at Ricoh in violation of the Sarbanes-Oxley Act (SOX), see 18 U.S.C. § 1514A,

If a legally cognizable dispute arises out of or relates to this Agreement or the breach, termination, or validity hereof, or the compensation, promotion

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Esther Bowlin v. Arkansas Department of Health

Esther Catherine Bowlin, a former home health nurse with the Arkansas Department of Health (“the Department”), brought this action against the Department, Dr. Paul Halverson, Helen Brown, and Georgia Murphy (collectively “defendants”), alleging violations of the Age Discrimination in Employment Act (ADEA), First Amendment free speech and Fourteenth Amendment due process violations brought

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Loren J. Zutz v. John Nelson

Loren Zutz and Elden Elseth, members of the Middle-Snake-Tamarac Rivers Watershed District Board (Board), filed this action alleging state law defamation and violations of 42 U.S.C. § 1983 against the six appellees whom we divide into three different groups: (1) co-Board members John Nelson and Arlyn Stroble; (2) an administrator and an employee of the Board Nick Drees and Danny Omdahl and (3) th

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Eva L. Leavell v. Illinois Department of Natural Resources

Eva Lovene Leavell, individually and as the administratrix of the estate of her deceased

Ms. Leavell and the Department have a long and litigious 1 history. However, because the present appeal is limited in scope, we recount only those facts that are pertinent to, or will aid in the understanding of, the issue presently before us. husband, Daniel Leavell, instituted this action against the

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John F. Tamburo v. Steven Dworkin

John Tamburo, an Illinois resident who operates a dog-breeding software business in Illinois, filed suit in the Northern District of Illinois alleging federal and state antitrust violations and several inten2 tional tort claims under Illinois law. His claims arise out of a dispute over the contents of a dog-pedigree software program he developed by lifting data from the defendants’ websites. He

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Heather Devlin v. Todd Shemarya

Heather Devlin sued Todd Shemarya and TSA Inc. on hostile workplace, sexual harassment, breach of contract, gender discrimination and retaliation theories claiming that he terrorized the office with racist and sexist behavior, stole from clients and paraded naked at work. He allegedly fired Devlin because she was a woman.

Defendant denied wrongdoing.

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Ellen Schaaf v. Smithkline Beecham Corporation

Appellant Ellen Schaaf worked for GlaxoSmithKline as a Regional Vice President, but, after returning from maternity leave, was demoted to District Sales Manager. Schaaf then sued GSK, alleging that her maternity leave impermissibly contributed to her demotion. The district court granted summary judgment on some of her claims and judgment as a matter of law on others, all in favor of GSK.

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AK Morlan
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