Retaliation Law
 
Elizabeth Overstreet v. Judge Bradley S. Underwood, Individually and in his capacity as Judge of the 364th Judicial District, Lubbock County, Texas

Appellant’s motion for rehearing is overruled; however, we withdraw our opinion and judgment of September 11, 2009, and issue this opinion in lieu thereof.

Appellant, Elizabeth Overstreet, presents three issues contending the trial court erred in (1) finding that Appellee, Judge Bradley Underwood, in his official capacity, was not her employer for purposes of chapter 21 of the

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Chauncey M. Depree, Jr. v. Martha Saunders, et al.

Dr. DePree, a tenured professor, sued the University of Southern Mississippi’s president and various administrators and faculty members (“Appellees”) after he was removed from teaching duties in August 2007 and evicted from his office in the College of Business. The district court granted summary judgment in favor of the Appellees and denied DePree’s motion for temporary and permanent inju

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Glenn Hawkins v. Rockville Printing & Graphics, Inc., et al.

Appellant, Glenn Hawkins, brought suit in the Circuit Court for Montgomery County against appellees, Rockville Printing & Graphics, Inc. (“RPG”), and Rockville Color, LLC (“RC”), for violating the Montgomery County Human Rights Act (“MCHRA”) and Perceived Disability provision of the Montgomery County Code (“MCC”). Hawkins appeals the grant of summary judgment in favor of RPG and RC

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Eugene Cobbs v. Septa, David Abell, John Bleiler, and Susan Flower-Griffin

¶ 1 Eugene Cobbs (“Cobbs”) appeals from the order of court entered granting the motion for judgment on the pleadings filed by the Southeastern Pennsylvania Transportation Authority (“SEPTA”), David Abell, John Bleiler, and Susan Flower-Griffin (collectively, “Appellees”). Finding no error by the trial court, we affirm.

¶ 2 The trial court aptly summarized the factual and rathe

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Marvin W. Couch, II, M.D. v. Board of Trustees of the Memorial Hospital of Carbon County, et al.

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

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Cell Therapeutics, Inc. v. Lash Group, Inc.; Documedics Acquisition Co., Inc.

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov

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Jerry Smith v. Pioneer Masonry, Inc.

¶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

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Bobby Burghart v. Corrections Corporation of America, et al.

¶1 Bobby Burghart (Burghart) appeals the district court decision dismissing his suit against Corrections Corporation of America, (CCA), the Cimarron Correctional Facility, and nine CCA employees. Burghart also appeals the district court's denial of his motion to reconsider that dismissal.

BACKGROUND

¶2 At all relevant times, Burghart was incarcerated at the Cimarron Correctional Fa

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Debra Perez v. D and L Tractor Trailer School

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

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Julie Stephens Long v. Teachers' Retirement System of The State of Illinois

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 (“FMLA”). The district court granted summary judgment in favor of TRS, which L

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Bonnie Young and Michael Simmons v. Texas Department of Criminal Justice, et al.

Bonnie Young and Michael Simmons sued the Texas Department of Criminal Justice and others on a civil rights violation and retaliation theories claiming that there were discriminated against by their former employer for disciplining a black subordinate. Young claim that her supervisor was trying to discredit her so that she could be replaced by an African American. She also claimed that she was re

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Felix Lara v. Unified School District #501

Felix Lara appeals the district court’s rulings in favor of his former employer, Unified School District #501 (“USD”). The district court dismissed his state workers’ compensation claim and one of his claims under the Americans with Disabilities Act (“ADA”), 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

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Laura Schmidt v. Medicallodges, Inc.

Laura Schmidt brought an action against her former employer, Medicalodges, Inc. (“Medicalodges”), for hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1). She appeals the district court’s denial of her motion for a new trial after the jury found that Medicalodges was not liable for the harassment Ms. Schmidt suffered at the

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Serena Eickhoff v. Union Pacific Railroad and Stephen J. Slattery

Serena Eickhoff sued Union Pacific Railroad and Stephen J. Slattery on hostile work environment and retaliation theories claiming that verbally harassed and accosted by her subordinates and supervisors in a pattern of sexually hostile language and behavior. She further alleged that Union Pacific and her supervisor retaliated by placing her on probation and, later, firing her without sufficient cau

More...   $1290000 (10-29-2009 - MO)

Pat Raborn v. Inpatient Management Partners, Inc.

Pat Raborn was hired as a receptionist at Inpatient Management Partners, Inc. (“Inpatient”) 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

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Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34

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

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Kevin Kasten v. Saint-Gobrain Performance Plastics Corporation

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 complaint” 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

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James Kendall v. Integrated Interiors, Inc., Integrated Acoustical Interiors, Inc., Robert Pingston, and Janet Pingston

Plaintiff James Kendall filed this action alleging that he was wrongfully terminated from his employment with defendants,1 contrary to public policy, for refusing to engage in illegal activity. Plaintiff also alleged that defendants violated the Bullard-Plawecki Employee Right to Know Act, MCL 423.501 et seq., by knowingly placing false information in his personnel file.

The trial court gra

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Sandra McBride v. BIC Consumer Products Manufacturing Company, Inc.

16 Plaintiff-Appellant Sandra McBride appeals from a decision of the United States District
17 Court for the District of Connecticut (Underhill, J.) granting the motion of Defendant-Appellee BIC
18 Consumer Products Manufacturing Company, Inc. (“BIC”) for summary judgment. McBride’s
19 complaint alleged that BIC violated the Americans with Disabilities Act of 1990 (“ADA”), 42

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Iftikhar Nazir v. United Airlines, Inc., et al.

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.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.” It has been described as having a salutary effect, ridding the system, on an expeditious and effi

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Sara Lacy v. New Horizons, Inc. d/b/a New Frontier ICF/MR, d/b/a New Horizons Texarkana TX, et al.

Defendant New Horizons Inc. (New Horizons) operated nine long-term-care facilities for mentally retarded adults in Oklahoma, and four in Texas, known as Intensive Care Facilities for the Mentally Retarded (ICF/MR).1 It employed Sara Lacy as a case manager and Qualified Mental Retardation Professional from June 1999 to June 2004. After New Horizons terminated her employment, she brought this action

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Emad Elkadrawy v. The Vanguard Group, Inc.

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. (“Vanguard”), 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

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Madeline S. Ewing v. TWA Restaurant Group, Inc.

Madeline Ewing, appearing pro se,1 appeals from the district court’s grant of summary judgment dismissing her wrongful termination claims against TWA Restaurant Group, Inc. (TWA). Because Ewing presents no issues or argument in her appellate brief, we dismiss her appeal.

I. BACKGROUND

TWA is a corporation that manages Captain D’s restaurants in the Kansas City area. On August

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Mohamid A. Hamid v. Kansas City Club

Mohamid Hamid appeals the trial court‟s judgment granting Kansas City Club‟s motion to dismiss his petition for failure to state a claim. On appeal, Mr. Hamid contends that his petition stated a claim for wrongful discharge under the public policy exception to the employment at will doctrine. The judgment of the trial court is reversed.

Factual and Procedural Background

Moham

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Giant of Maryland, LLC v. Julia M. Taylor

Giant of Maryland, LLC (“Giant”) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor

More...   $0 (10-05-2009 - )

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