Terrence Bressi v. Michael Ford, et al. |
Plaintiff-Appellant Terrence Bressi is a non-Indian who filed this action against four officers of the Tohono O’odham Police Department (“Tribal Police Department”) and the United States after he was stopped and cited at a roadblock on a state highway crossing the Tohono O’odham Nation Indian Reservation. Defendant Officers Michael Ford, Eric O’Dell, and George Traviolia all had some con $0 (08-04-2009 - AZ) |
Dale Dardeau v. West Orange-Cove Consolidated Independent School District, O. Taylor Collins, Harry Barclay, Nancy Byers, Pete Amy and Eric Mitchell |
Appellant, Dale Dardeau, appeals a summary judgment granted in favor of appellees, West Orange-Cove Independent School District ("CISD" or "District"), Superintendent Dr. O. Taylor Collins (hereinafter "Collins"), Harry Barclay, Pete Amy, Nancy Byers, and Eric Mitchell (collectively "appellees"). We determine whether the trial court erred in granting appellees' motion for summary judgment on Darde $0 (07-30-2009 - TX) |
Mario Aguilar v. Socorro Independent School District |
Mario Aguilar appeals the trial court's decision to grant the Socorro Independent School District's (SISD) plea to the jurisdiction. Aguilar brought suit alleging wrongful termination/constructive discharge and retaliation. SISD filed a plea to the jurisdiction and a motion for summary judgment. Finding that Aguilar failed to properly grieve his reassignment within the District and failed to init $0 (07-31-2009 - TX) |
Russell A. Puls, Jr. v. Landmark Community Newspapers, Inc., et al. |
Appellant Russell A. Puls Jr. appeals the district court’s grant of summary judgment in favor of Appellees Landmark Community Newspapers, Inc. and Landmark Community Newspapers of Colorado, Inc. (collectively referred to as LCNI) in a dispute over their alleged breach of a severance of employment agreement with Mr. Puls and intentional interference with his at-will employment contract with Trade $0 (07-07-2009 - CO) |
Equal Employment Opportunity Commission (EEOC) v. Central Wholesalers, Inc. |
This appeal arises from a civil rights action brought by the Equal Employment Opportunity Commission on behalf of La Tonya Medley, an African-American female. The EEOC alleges that Medley’s former employer, Central Wholesalers, Inc. ("Central"), subjected her to a hostile work environment based on her gender and race and constructively discharged her. The district court granted summary judgment $0 (07-21-2009 - MD) |
Kimberly Connor v. Archdiocese of Philadelphia, et al. |
The single issue presented in the instant case is whether the civil courts of this Commonwealth have subject-matter jurisdiction over a tort suit alleging defamation and negligent infliction of emotional distress arising out of a parochial school’s expulsion of a student for allegedly bringing a weapon to school, and the school’s communication of the expulsion to the school community. Citing t $0 (07-20-2009 - PA) |
Mallissa L. Weaver v. Walter W. Harpster, et al. |
Under the Pennsylvania Human Relations Act (PHRA), 43 P.S. §§ 951-963, employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. See 43 P.S. §§ 954 (defining employer), 955 (listing “unlawful discriminatory practices”). At common law, an employer may terminate an at-will employee for any reason unless that reason violates a clear $0 (07-20-2009 - PA) |
Nicholas Lohman v. Duryea Borough, et al. |
Nicholas Lohman appeals from the District Court’s award of $30,000.00 in attorney’s fees following a jury verdict in his favor in his wrongful discharge action. The jury awarded Lohman $12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman’s three First Amendment retaliation claims. Lohman contends that the District Court improperly considered settlemen $0 (07-29-2009 - ) |
Dominika Zakrzewska v. The New School, Kwang-Wen Pan |
This interlocutory appeal presents a discrete question of law certified to us pursuant to 28 U.S.C. § 1292(b) by the United States District Court for the Southern District of New York (Lewis A. Kaplan, Judge): “Does the affirmative defense to employer liability articulated in Faragher v. City of Boca Raton, 524 U.S. 775 (1998) and Burlington Industries, Inc. v. Ellerth, 524 U.S. 742 (1998) appl $0 (07-27-2009 - NY) |
Carol A. Warfield v. Beth Israel Deaconess Medical Center, Inc., & others |
The plaintiff, Carol A. Warfield, the former chief of anesthesiology at Beth Israel Deaconess Medical Center, Inc. (BIDMC), filed this action in the Superior Court against her employers, alleging gender-based discrimination and retaliation in violation of G.L. c. 151B, and factually related common-law claims. The BIDMC and the other defendants moved to dismiss Warfield's complaint and compel arbit $0 (07-27-2009 - MA) |
David W. Corbitt, et al. v. Home Depot, U.S.A., Inc. |
The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p $0 (07-10-2009 - AL) |
Shawna M. Fiechuk v. Wilson Trailer Company, Inc. |
[¶1.] An employee quit her job and filed a claim against her employer with the Department of Labor for sexual discrimination and retaliation. After an investigation, the Department found probable cause to support the employee’s retaliation claim. The employee chose to bring suit in circuit court against the employer. Before the trial, the circuit court granted the employer’s motion to prevent $0 (07-15-2009 - SD) |
University of Texas and Ellen Wartella v. Paula Poindexter |
Paula Poindexter, appellee, sued the University of Texas at Austin and Ellen Wartella (collectively, "the University") for, among other things, employment discrimination based on disparate treatment, retaliation, and disparate impact. See Tex. Lab. Code Ann. §§ 21.051, .055, .122 (West 2006). The University filed a plea to the jurisdiction asserting in relevant part that Poindexter's retaliation $0 (07-03-2009 - TX) |
Henry Cook v. Randolph County, et al. |
As Justice Holmes once remarked, “pretty much all law consists in forbidding men to do some things that they want to do.” Adkins v. Children’s Hospital, 261 U.S. 525, 568, 43 S. Ct. 394, 405 (1923) (Holmes, J., dissenting). In this case the Randolph County Board of Registrars wanted to change the voting registration of Henry Cook, a member of the county’s board of education, which also wou $0 (07-07-2009 - GA) |
David Corbitt v. Home Depot U.S.A., Inc. |
The plaintiffs, David Corbitt and Alexander Raya (collectively, “Appellants”), appeal the entry of summary judgment in favor of the defendant, Home Depot U.S.A., Inc. (“Home Depot”), on their sexual harassment and retaliation claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2000e-17, and their state law claims of assault and battery, outrage, and invasion of p $0 (07-10-2009 - AL) |
Russell A. Plus, Jr. v. Landmark Community Newspapers, Inc. |
Appellant Russell A. Puls Jr. appeals the district court’s grant of summary judgment in favor of Appellees Landmark Community Newspapers, Inc. and Landmark Community Newspapers of Colorado, Inc. (collectively referred to as LCNI) in a dispute over their alleged breach of a severance of employment 1 In addition to his breach of contract and intentional interference with contract claims, Mr. Puls $0 (07-07-2009 - CO) |
Renee Exendine Nettle v. Central Oklahoma American Indian Health Council, Inc. d/b/a The Oklahoma City Indian Clinic |
Renee Nettle, a former employee of the Oklahoma City Indian Clinic (“the Clinic”), alleges that she was repeatedly harassed at work and fired when she complained about it. She filed a civil rights suit against the Clinic. The Clinic was granted summary judgment on all claims. Ms. Nettle appeals, and we affirm the judgment of the district court. |
Derain Clark, et al. v. American Residential Services, LLC, et al. |
Derain Clark and Maxine Gaines filed a class action lawsuit against American Residential Services LLC (ARS), a purveyor of plumbing and related services, seeking damages and penalties for allegedly unpaid minimum and overtime wages, failure to provide meal and rest periods, and other Labor Code violations and unfair business practices. Eighteen months later, after a one-day mediation before a resp $0 (07-07-2009 - CA) |
Mark Turner v. Memorial Medical Center |
Plaintiff, Mark Turner, brought a retaliatory discharge action in the circuit court of Sangamon County against defendant, Memorial Medical Center (Memorial). The circuit court dismissed plaintiff’s first-amended complaint pursuant to section 2–615 of the Code of Civil Procedure (735 ILCS 5/2–615 (West 2006)). A divided panel of the appellate court upheld the dismissal. No. 4–07–0934 (unp $0 (06-18-2009 - IL) |
Jennifer Scott v. Phoenix Schools, Inc. |
This is a wrongful termination action. Plaintiff Jennifer Scott was employed by defendant Phoenix Schools, Inc. (Phoenix) as the director of its Rocklin, California preschool. She had the responsibility of assigning personnel to comply with the state regulations that set the minimum teacher-student ratios for child care centers. (Cal. Code Regs., tit. 22, §§ 101216.3, 101416.5, and 101516.5.) Ph $0 (07-01-2009 - CA) |
Suzan Hughes v. Christopher Pari |
An employer who sexually harasses an employee can be liable for damages under both federal law (title VII of the Civil Rights Act of 1964 (Title VII)) and California law (the Fair Employment and Housing Act (FEHA)) when the sexually harassing conduct is so pervasive or severe that it alters the conditions of employment. (See Lyle v. Warner Brothers Television Productions (2006) 38 Cal.4th 264, 283 $0 (07-02-2009 - CA) |
William T. Broderick v. Paul Evans, Individually and as Police Commissioner of the City of Boston; City of Boston |
In 2002, then-Boston Police Commissioner Paul Evans terminated William Broderick as a police captain in the Boston Police Department. Broderick sued and in the district court a jury returned a verdict against Evans under 42 U.S.C. § 1983 (2006) and against the City of Boston under the Massachusetts whistle blower statute, Mass. Gen. Laws ch. 149, § 185 (2009). The defendants now appeal and Brode $0 (07-02-2009 - MA) |
Michael James Berger, aka Magic Mike v. City of Seattle, Virginia Anderson, et al. |
In 2002, the City of Seattle promulgated a set of rules governing the conduct of visitors to one of its major attractions, an 80-acre public park and entertainment complex known as the Seattle Center. The new rules regulated for the first time the behavior of the Center’s street performers. We consider today the constitutional validity of some of those rules. |
Tharon Paup, et al. v. Gear Products, Inc. |
Gear Products, Inc. discharged Gwen Coffelt, Tharon Paup, and Carol Shuffitt in 2001. The three former employees filed suit contending that the company based their discharge on impermissible age discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (“ADEA”). The district court granted summary judgment to Gear Products, and the plaintiffs now seek rev $0 (06-19-2009 - OK) |
Philip C. Bodenstab, M.D. v. County of Cook, Lacy L. Thomas and Bradley Langer, M.D. |
Philip Bodenstab sued Cook County and Cook County Hospital’s Chief Operating Officer, Lacy Thomas, and Medical Director, Bradley Langer, after he was fired from his position as an anesthesiologist at Cook County Hospital (now known as Stroger Hospital). Bodenstab alleged he was fired in violation of the Americans with Disabilities Act (“ADA”), and for exercising his First Amendment rights. B $0 (06-24-2009 - IL) |
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