Retaliation Law
 
Karyn Risch v. Royal Oak Police Department

Plaintiff-Appellant Karyn Risch (“Risch”) appeals the district court’s grant of summary judgment in favor of Defendant- Appellee Royal Oak Police Department (“the Department”), on Risch’s genderdiscrimination claim brought pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e et seq. In 2005, Risch, a uniformed patrol officer and seventeenyear ve

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Kimberly Payne v. US Airways, Inc., Michael Cline, Tony Stanley and Deb Ansaldi

Plaintiff appeals from a superior court order granting summary judgment to defendant Michael Cline on plaintiff’s claims that he is not personally liable to her for acts of discrimination and retaliation under the Vermont Fair Employment Practices Act (VFEPA) and the Workers’ Compensation Act (WCA). The central issues on appeal are whether the acts provide a right of action against a coemploy

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National Association of Manufacturers v. Jeffrey Allen Taylor, et al.

More than fifty years ago, the Supreme Court held that the public disclosure of “who is being hired, who is putting up the money, and how much” they are spending to influence legislation is “a vital national interest.” United States v. Harriss, 347 U.S. 612, 625-26 (1954). Today, we consider a constitutional challenge to Congress’ latest effort to ensure greater transparency, the Honest

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Sherrie P. Herbert v. Altimeter, Inc.

After defendant terminated plaintiff's employment, plaintiff brought this action alleging four counts of unlawful employment practices: retaliation for complaining about unsafe working conditions (Occupational Safety and Health Act (OSHA) retaliation); retaliation for invoking the workers' compensation system; retaliation for requesting a reasonable accommodation under the disability discriminati

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Bruce Tichinin, et al. v. City of Morgan Hill

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 action”) alleging that the City unlawfully retaliated agains

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William K. Dietz v. Meisenheimer & Herron, et al.

In January 2004, Attorney William K. Dietz filed this action against Meisenheimer & Herron and Meisenheimer, Herron & Steele (Meisenheimer). In his complaint, Dietz alleged that he referred a bad faith insurance litigation matter involving Vital Services Company Inc. (Vital) to Meisenheimer. Dietz further alleged that Meisenheimer breached an agreement between Meisenheimer and Dietz to pay Dietz 2

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Kathy Baker v. Silver Oak Senior Living Management

Kathy Baker was terminated from her position as director of an assisted living center operated by Silver Oak Senior Living Management Company, L.C., and Equi- Management Services, Ltd. (collectively, “Silver Oak”). She alleges that she was terminated because of her age and because she opposed age discrimination, in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C.

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Carol Peck v. Elyria Foundry Co.

Carol Peck claims that Elyria Foundry Company refused to hire her because she is a woman. The district court concluded that her evidence was too weak to support a Title VII sex discrimination claim and entered summary judgment in Elyria’s favor and Peck appeals. We hold that Elyria’s contradictory explanations for not hiring Peck, combined with evidence that Elyria treated her application diff

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Kimberly Brown v. J. Kaz, Inc. t/d/b/a Craftmatic and Craftmatic of Pittsburgh

Appellant Kimberly Brown appeals the District Court’s grant of summary judgment in favor of appellee J. Kaz, Inc., d/b/a Craftmatic of Pittsburgh (“Craftmatic”), on her employment discrimination claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., the Civil Rights Act of 1866, 42 U.S.C. § 1981, and the Pennsylvania Human Relations Act (“PHRA”), 43 Pa. Co

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Show Ann Chen v. Dow Chemical Company

Plaintiff Show Ann Chen appeals the district court’s grant of summary judgment for defendant Dow Chemical in this Title VII suit. Chen alleges that Dow fired her either because of her race or to retaliate against her for engaging in activity protected by Title VII. Dow contends that it terminated Chen for poor performance. Because Chen has failed to create a genuine issue of material fact as to

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Douglas Rush v. Barbara Perryman

Douglas Rush, former President of Ozarka College, sued members of the Ozarka College Board of Trustees ("the Board"), alleging in ten causes of action that members of the Board violated some of his state and federal statutory and constitutional rights. The district court1 concluded that Rush only stated valid claims under the First and Fourteenth Amendments and dismissed the remainder of his claim

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Manorama Patel v. University of Kansas Hospital Authority

Manorama Patel appeals the district court’s grant of summary judgment in favor of her former employer, the University of Kansas Hospital Authority (the Hospital), with regard to her claims of race and national origin discrimination and retaliation under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2, 2000e-3, 2000e-5. Identifying no evidence creating a ge

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Antonio Jackson v. Rent-A-Center West, Inc.

Antonio Jackson appeals from a district court order dismissing his statutory race discrimination claim and compelling arbitration. Under the circumstances presented here, we conclude that the district court was required to determine whether the arbitration agreement was unconscionable, and we remand for further proceedings.

I

Jackson was an employee of Rent-A-Center West, Inc. (

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Antonio Jackson v. Rent-A-Center West, Inc.

Antonio Jackson appeals from a district court order dismissing his statutory race discrimination claim and compelling arbitration. Under the circumstances presented here, we conclude that the district court was required to determine whether the arbitration agreement was unconscionable, and we remand for further proceedings.

I

Jackson was an employee of Rent-A-Center West, Inc. (“Em

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Equal Employment Opportunity Commission v. Go Daddy Software, Inc.

Youssef Bouamama was terminated from his job at Go Daddy Software, Inc. (“Go Daddy”). The Equal Employment Opportunity Commission (“EEOC”) brought suit against Go Daddy on Bouamama’s behalf in federal district court. A jury returned a verdict in favor of the EEOC on the claim that Bouamama had been unlawfully terminated in retaliation for engaging in protected activity.

Go Daddy m

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David C. Davidson v. Seneca Crossing Section II Homeowner’s Association, Inc., et al.

Appellant, David S. Davidson, initiated this litigation by filing suit against appellees, Seneca Crossing Section II Housing Association, Inc. (“the Association”), Azadeh Kaider (“Azadeh”), Brian Kaider (“Brian”), Lourdes Sandoval (“Lourdes”), and Santiago Sandoval (“Santiago”).1 The individual appellees are past and present members of the Association’s Board of Directors. Th

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Brian D. Prowel v. Wise Business Forms, Inc.

Brian Prowel appeals the District Court’s summary judgment in favor of his former employer, Wise Business Forms, Inc. Prowel sued under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act, alleging that Wise harassed and retaliated against him because of sex and religion. The principal issue on appeal is whether Prowel has marshaled sufficient facts for his claim o

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Gerolyn Shapiro v. Florida Department of Children and Families

Gerolyn Shapiro sued the Florida Department of Children and Families claiming that she was fired in retaliation for testimony she gave in a child abuse case. Shapiro, who worked for the agency for 10 years, said she was fired for testifying that another DCF employee was negligent and mishandled the case

The Defenses asserted by defendant are not available.

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Robert J. Milne, et al. v. USA Cycling, Inc. d/b/a Nationa Off-road Bicycle Association

This diversity jurisdiction case involves Utah state law claims of negligence, gross negligence, and wrongful death based on a tragic accident that occurred during a bicycle race called the “Tour of Canyonlands” near Moab, Utah. During the race, one or more of the racers collided with an SUV and trailer driving in the opposite direction. One racer was killed, and another was badly injured. The

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Andrea Deatherage v. Kenny Johnson dba Super 8 Inn & Suites and Kjarry, LLC

Plaintiff appeals from a limited judgment dismissing her common-law claim for wrongful discharge. She based that claim on the allegation that defendant, her employer, fired her in retaliation after she contacted the Oregon Occupational Safety and Health Division (OR-OSHA) to report health and safety violations at employer's place of business. The trial court granted defendant's motion to dismiss

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Steven Mueller v. County of Los Angeles

Plaintiff Steve Mueller, a firefighter with the County of Los Angeles Fire Department (the department), appeals from a judgment entered in favor of the County of Los Angeles (the county) on plaintiff‘s complaint. The complaint charges the county and its department personnel with conducting a negligent investigation into his complaints of harassment and retaliation, and with breach of the firefig

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Shawn Van Asdale v. International Game Technology

This case presents our first opportunity to examine the substantive requirements necessary to establish a claim under the whistleblower-protection provisions of the Sarbanes-Oxley Act, 18 U.S.C. § 1514A. Plaintiffs Shawn and Lena Van Asdale appeal from the district court’s summary judgment in favor of their former employer, International Game Technology (“IGT”), on their claim of retaliator

More...   $0 (08-13-2009 - CA)

Rober tJ. Milne, et al. v. USA Cycling, Inc., et al.

This diversity jurisdiction case involves Utah state law claims of negligence, gross negligence, and wrongful death based on a tragic accident that occurred during a bicycle race called the “Tour of Canyonlands” near Moab, Utah. During the race, one or more of the racers collided with an SUV and trailer driving in the opposite direction. One racer was killed, and another was badly injured. The

More...   $0 (08-10-2009 - UT)

Lynn R. Woods-Gaston v. Sequoyah Enterprises, Inc.

Plaintiff-appellant Lynn R. Woods-Gaston, proceeding pro se, appeals a district court decision granting summary judgment to her former employer, Sequoyah Enterprises, Inc., on her claim of racial discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e–2. She also seeks reversal of a district court order granting Sequoyah’s motion for attorneys’ fees incur

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Tremeyne Porter v. Erie Foods International, Inc.

Tremeyne Porter brought this action against Erie Foods International, Inc. (“Erie Foods”). He alleged race-based harassment, constructive discharge and retaliation in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. The district court granted summary judgment to Erie Foods. Because Erie Foods took reasonable action to detect and to terminate

More...   $0 (08-12-2009 - IL)

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AK Morlan
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