Retaliation Law
 
Erica Schoen v. Freightliner, LLC

A jury found defendant, plaintiff's employer, liable for intentional infliction of severe emotional distress. Defendant appeals, assigning error to the denial of its motion for a directed verdict. Defendant asserts that plaintiff failed to adduce sufficient evidence of outrageous conduct or of intent to inflict severe emotional distress. Defendant also argues that plaintiff's emotional distress

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Greta Semsroth, et al. v. City of Wichita and Chief Norman Williams

Plaintiffs-Appellants appeal the district court’s decision to grant summary judgment to Defendants-Appellees on their claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. We have jurisdiction under 28 U.S.C. § 1291. We AFFIRM in part, REVERSE in part, and REMAND.

I.

A. Factual Background

Officer Greta Semsroth, Officer Sara

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Marlin B. Brown v. Value Family Properties, LLC

Plaintiff-appellant Marlin Brown, appearing pro se, appeals the district court’s grant of summary judgment to defendant-appellee Value Family Properties, LLC. The district court determined that the possible allegations raised by Mr. Brown, who appeared pro se in that court as well, were discrimination based on national origin and race. Specifically, the court concluded that Mr. Brown was apparen

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Lynn Buck, et al. v. City of Albuquerque, et al.

In this fact-bound interlocutory appeal, Captain John Gonzales appeals the district court’s denial of his motion for summary judgment as to six claims against him, each originating in events that transpired during an antiwar rally at the University of New Mexico (“UNM”). Captain Gonzales raises six challenges to the district court’s order: the district court erred when it denied summary ju

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Melondy Bacon v. Hennepin County Medical

The parties cross-appeal the district court's1 grant of summary judgment in Hennepin County Medical Center's ("HCMC") favor. We affirm.

I

In 1992, Melondy Bacon began working as a janitor at HCMC. Beginning in approximately the summer of 2003, she began to periodically break out in hives while at work. This case arises from a hives outbreak on July 8, 2004. That same day, Bacon obtai

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Kathleen Gasper v. Ruffin Hotel Corporation of Maryland, Inc.

In her complaint, filed in the Circuit Court for Montgomery County, Kathleen Gasper, appellant, alleged employment discrimination, sexual harassment, retaliatory discharge, negligent hiring, and other related counts.1 Appellees, defendants below, are Ruffin Hotel Corporation of Maryland (“Ruffin”) and Imran Ahmed.2

In her timely appeal, Gasper raises three questions for our review, whic

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Tribune-Review Publishigng Company v. Leonard Bodack, in his official capacity as member of the Pittsburgh City Council, et al.

The Tribune-Review Publishing Company and Andrew Conte, a journalist employed by the Tribune-Review, (“Appellants”) sought to obtain, under the act known as the Rightto- Know Act,1 itemized billing records for cellular telephones purchased by the City of Pittsburgh (“the City”) and issued to City Council members Leonard Bodack and Barbara Burns. The records sought were for the period from

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Ted Kruchowski,e t al. v. The Weyerhaeuser Company, et al.

¶1 The United States District Court for the Eastern District of Oklahoma certified five questions of Oklahoma Law under the Revised Uniform Certification of Questions of Law Act, 20 O.S. 2001 §§1601-1611,2 seeking clarification of our holding in Saint v. Data Exchange Inc., 2006 OK 59, 145 P.3d 1037. We consolidated and reformulated3 them into the two aforementioned questions.

¶2 The

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Judy Tucker v. Fresno County, California

Former Fresno County District Attorney's Office investigator, Judy Tucker, sued Fresno County, California on sex discrimination and retaliation theories claiming that she was passed over for promotion four times because of her sex and then retaliated against for complaining. Tucker had worked for Fresno County for nearly 30 years.

The defenses asserted by the County are not available.

More...   $350000 (12-17-2008 - CA)

Ira Thomas v. City of Blanchard, Bill Edwards, Monte Ketchum and Tom Sacchieri

Plaintiff-Appellant Ira Thomas was fired from his job as building code inspector for the City of Blanchard, Oklahoma, after he discovered in the City Clerk’s office a signed and completed certificate of occupancy for a home constructed by a local builder — who is also the mayor — although Mr. Thomas had not yet made the final inspection of the home or approved issuance of the certificate. Su

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Playoff Corporation, et al. v. Lawrence Blackwell

This is a breach of employment-contract case. The key issue is whether the oral employment contract in question is unenforceably indefinite as a matter of law. We hold that it is, and we affirm the trial court=s (sic) (The Second District of Texas publishes its reports online with odd characters.) take-nothing judgment notwithstanding the verdict on Lawrence Blackwell=s breach of contract claim

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Starbucks Corporation v. Erik Lords, et al.

Petitioner Starbucks Corporation (Starbucks) petitions for a writ of mandate directing the trial court to vacate its order denying Starbucks’ motion for summary judgment, and to enter a new order granting the motion. Real parties in interest Eric Lords, Hon Yeung, and Donald Brown (collectively plaintiffs) represent a class of some 135,000 unsuccessful job applicants at Starbucks. They allege th

More...   $0 (12-10-2008 - CA)

Laura Young v. Exxon Mobil Corporation, et al.

An employee who was terminated after closing down a 24-hour service station for several hours, in violation of company policy, sued her employer and her supervisor, alleging claims of harassment on the basis of mental disability, retaliation, and wrongful termination, among others. The employer and supervisor sought and obtained summary judgment, and the supervisor then sought attorney fees. The c

More...   $0 (12-12-2008 - CA)

Daphene Pelletier v. Yellow Transportation, Inc.

Plaintiff-Appellant Daphene Pelletier brought suit against her employer, Defendant-Appellee Yellow Transportation ("Yellow"), alleging federal and state law claims of sex discrimination, age discrimination, and whistleblower retaliation. Yellow moved for summary judgment for lack of subject matter jurisdiction and to compel arbitration, based upon an arbitration clause contained in a Dispute Resol

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Richard Dennis v. Osram Sylvania, Inc.

Plaintiff-Appellant Richard Dennis appeals the district court's decision to grant Defendant-Appellee Osram Sylvania, Inc.'s ("Sylvania") motion for summary judgment on a claim involving New Hampshire's anti-discrimination statute, N.H. Rev. Stat. Ann. § 354-A. Dennis also appeals the district court's decision to deny "as moot" two discovery motions: (1) a motion to compel discovery of privileged

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Devonna Culpepper v. Mike Johanns

Devonna Culpepper brought this action against the Secretary of the United States Department of Agriculture (“USDA”), alleging that the USDA discriminated against her because she is disabled and retaliated against her for engaging in protected conduct. The district court granted the USDA’s motion for summary judgment. Culpepper appeals, and for the following reasons, we reverse.

I. BAC

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Jeanette Jackson v. UPS

Jeanette Jackson brought this suit against United Parcel Service, Inc. (“UPS”) alleging race and gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and 42 U.S.C. § 1981. Following discovery, the district court1 granted UPS’s motion for summary judgment and dismissed the case with prejudice. We affirm.
<

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Janelle Dietrich v. John Ascuaga's Nuggett; Michelle Malchow; Larry Harvey; City of Sparks; Sparks Police; Officer Potter; and Office Mike Cardella

Every year, thousands of people attend the “Best in the West Nugget Rib Cook-Off,” a multi-day event in downtown Sparks, Nevada. In 2002, Plaintiff Janelle Dietrich attended the event and attempted to register voters and to gather signatures for a political petition. Her activities prompted two incidents that resulted in the filing of this action.

On the first day, a police officer orde

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Debra L. Vaughn v. Louisville Water Company, et al.

Plaintiff Debra Vaughn appeals the district court’s grant of summary judgment in favor of her former employer, defendant Louisville Water Company (“LWC”), on her claims of disparate treatment, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. For the reasons stated below, we AFFIRM the decision of the distr

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Patricia Lahar v. Oakland County

Patricia Lahar challenges the district court’s grant of summary judgment in favor of Oakland County on her Age Discrimination in Employment Act (ADEA) retaliation claim and her parallel state-law retaliation claim. Judge Clay believes Lahar has failed to demonstrate a genuine issue of fact with respect to both a materially adverse action and causation, whereas Judges Batchelder and Sutton would

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Jill Karen Schaffer v. City and County of San Francisco

Jill Schaffer appeals from a judgment entered after the trial court granted respondents’ anti-SLAPP (strategic lawsuit against public participation) motion to strike her complaint. (Code Civ. Proc., § 425.16 (section 425.16).) She contends the court erred in concluding that respondents’ statements, made in the course and scope of their duties as police officers, are not protected by the anti-

More...   $0 (11-26-2008 - CA)

The University of Texas at El Paso v. Alfredo Herrera

This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction filed by the University of Texas as El Paso ("UTEP"). At issue is the self-care provision of the Family and Medical Leave Act. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Alfredo Herrera was employed by UTEP as a heating, ventilation, and air-conditioning technician from 2002 to 20

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Yoko Dominguez v. Washington Mutual Bank

Yoko Dominguez appeals from the separate summary judgments entered in favor of defendants Washington Mutual Bank and Javier Gutierrez in her action for job discrimination based upon her sexual orientation.1 Because triable issues of fact exist concerning whether she timely exhausted her administrative remedies and as to the existence of discrimination, we reverse the judgments. Because Dominguez m

More...   $0 (11-22-2008 - CA)

James J. Lightner v. City of Wilmington, North Carolina, et al.

The plaintiff in this case claims he faced discrimination on account of race and gender, and he appeals the district court’s grant of summary judgment in favor of his employer. At the same time, he charges that his employer’s action was actually an attempt to cover up the employer’s own wrongdoing. In so doing, plaintiff has pleaded himself right out of court. Title VII was enacted to prohib

More...   $0 (11-03-2008 - NC)

Audrey Broyles, et al. v. Thurston County, Washington

Audrey Broyles began work as a deputy prosecuting attorney (DPA) for the Thurston

County Prosecutor in 1993. She served as a misdemeanor prosecutor, as the juvenile division

supervisor, and, at the time Holm took office in January 1999, as the felony prosecutor in charge

of domestic violence cases. Holm kept her in this felony prosecution role but also made her the

More...   $0 (11-13-2008 - WA)

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