Retaliation Law
 
Mancini v. Township of Teaneck

In Shepherd v. Hunterdon Developmental Center, this Court considered the timeliness of certain employment-discrimination claims within the context of the continuing violation doctrine, an equitable exception to the statute of limitations. 174 N.J. 1 (2002). Within that same framework, we also confirmed that the defense of laches is available to a defendant when a plaintiff, in particular circu

More...   $650000 (05-11-2004 - NJ)

Karol Maw v. Advanced Clinical Communications, Inc.

Plaintiff, Karol Maw, filed this action under the Conscientious Employment Protection Act, N.J.S.A. 34:19-1 to –8 (CEPA), after she was terminated for refusing to execute an employment agreement containing a do-not-compete provision. She claimed that her employer committed impermissible retaliatory action when it terminated her employment because she refused to sign an employment agreement that

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Linette Metzger v. Timothy DaRosa, et al.

Linette Metzger, an employee of the Illinois State Police, filed a six-count complaint against her employer and several individual defendants alleging, among other things, that her First Amendment rights had been violated by certain retaliatory acts (Count V) and that the defendants had violated her rights under the Illinois Whistle Blower statute, 20 ILCS 415/19c.1 (Count VI). The distri

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Gilbert Salguero v. City of Clovis

Gilbert Salguero, a former City of Clovis police officer, was terminated from his employment after an investigation uncovered his involvement in obtaining illegal access to satellite television. He filed suit in federal district court alleging that the City of Clovis (the "City"): (1) breached his employment contract by terminating him without just cause; (2) dismissed him without due process o

More...   $0 (05-10-2004 - NM)

Shirley J. Bones v. Honeywell International, Inc.

Plaintiff-appellant Shirley J. Bones, who suffers from tendinitis, worked for defendant-appellee Honeywell International, Inc., and its predecessor since 1986. In July 1999, Bones was notified that Honeywell deemed her to have voluntarily terminated her employment because she neither reported to work nor notified her supervisor or team of her absences on three consecutive working days, in viola

More...   $0 (05-03-2004 - KS)

Theodore Montgomery v. City of Ardmore, et al.

Theodore Montgomery appears to have let his claims get away from him. He raises some eleven propositions, as nearly as we can tell, covering violations of procedural due process and various state tort claims. The defendants, unhelpfully unfamiliar with final order law, seek to challenge the preservation of Mr. Montgomery's appeal. One of them, the Fraternal Order of Police (FOP) seeks attorneys

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Vernoica Pacheco v. Whiting Farms, Inc., Thomas Whiting, and N. Lyle Johnston

Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in excess

More...   $0 (05-03-2004 - CO)

Evelyn Bodett and David Bodett v. CoxCom, Inc.

Evelyn Bodett and her husband, David Bodett, appeal an adverse grant of summary judgment on her claims of: (1) religious discrimination under Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e to 2000e-17, the Arizona Civil Rights Act ("ACRA"), Ariz. Rev. Stat. §§ 41- 1461 to -1467, and the Arizona Employment Protection Act ("AEPA"),1 Ariz. Rev. Stat. §§ 23-1501 t

More...   $0 (04-26-2004 - AZ)

Andrew B. James v. City of Houston, et al.

Appellant Andrew B. James sued appellees, the City of Houston, Texas, Lee P. Brown, and Mary DesVignes-Kendrick, alleging James was terminated in retaliation for his exercise of the constitutionally-protected right to free speech and that he was deprived of procedural due process at his post-termination hearing. At issue is whether James is barred by the doctrine of collateral estoppel from as

More...   $0 (04-22-2004 - TX)

John McDonough v. Quincy, Massachusetts

John McDonough sued the City of Quincy, Massachusetts under 42 U.S.c. 2000e claiming that he was discriminated against by the defendant for supporting harassment claims made by a female officer. McDonough a 10-year commander of the department's drug unit, claimed he was abruptly moved to a day shift and away from his unit in 2000 without explanation just days after department officials learned

More...   $300000 (04-22-2004 - MA)

L. A. Tollestrup v. Tel America Long Distance, etc.

Plaintiff-appellant L. A. Tollestrup appeals from the district court's decision granting summary judgment under Fed. R. Civ. P. 56 in favor of defendants on her Title VII(1) employment discrimination and state-law claims. In her complaint, Ms. Tollestrup alleged claims of sexual harassment, gender discrimination, hostile work environment, retaliatory termination, providing fraudulent informatio

More...   $0 (04-20-2004 - UT)

Bruce R. Cox v. State of Oklahoma, ex rel., Oklahoma Department of Human Services, et al.

1 We granted certiorari to determine whether: 1) in all instances, 74 O.S. 2001 §840-6.31 or Merit Protection Commission Rule OAC 455:10-11-42 require an employer to progressively discipline an employee before discharge or to demonstrate that some lesser disciplinary act would be ineffective before imposing a more stringent penalty; and 2) the factual determination to uphold the employee's disc

More...   $0 (03-09-2004 - OK)

Jerome Zamos, et al. v. James T. Stroud, et al.

The question presented by this case is whether, assuming the other elements of the tort are established, an attorney may be held liable for malicious prosecution when he commences a lawsuit properly but then continues to prosecute it after learning it is not supported by probable cause.1 We conclude an attorney may be held liable for continuing to prosecute a lawsuit discovered to lack prob

More...   $6000 (04-19-2004 - CA)

Robin King v. Stanford University

Robin King claimed that Stanford University tortiously interfered with her efforts to get a job with a semiconductor company in retaliation for years of wrangling with electrical engineering department leaders over her gender discrimination claims. King was a technician in the nanofabrication center, which focuses on computer chip research. She claimed that she was discriminated against by the

More...   $1000000 (04-08-2004 - CA)

David R. Horn v. University of Minnesota

David Horn, a former assistant coach of the University of Minnesota women's hockey team, appeals from the district court's 1 grant of summary judgment in favor of the University of Minnesota on Horn's claims of wage discrimination, retaliation, and constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2000e-17 (2000), and the Equal Pay Act, 29 U

More...   $0 (04-06-2004 - MN)

Jesus Alejandro v. Robstown Independent School District, et al.

Appellant, Jesus Alejandro, was terminated from his position as the Assistant Superintendent for Business and Finance with the Robstown Independent School District ("RISD"). Appellant sued the following appellees: RISD; Leobardo Cano, individually and in his official capacity as RISD's Superintendent of Schools ("Superintendent Cano"); and Adolfo Lopez and Oscar Lopez, individually and in their

More...   $0 (04-01-2004 - TX)

Dolores Durbin v. Culberson County

On February 21, 1994, David Durbin was installing and changing lights at a baseball field owned by Culberson County and used by the Culberson County Independent School District. Durbin was electrocuted and died as a result. On February 16, 1996, Durbin's wife, children and estate sued the County and the School District under the wrongful death and survival actions of Texas Civil Practice and

More...   $0 (04-01-2004 - TX)

City of New Braunfels v. Roger G. Allen

Appellant, City of New Braunfels (the "City"), brings this consolidated interlocutory appeal, challenging the district court's orders denying its pleas to the jurisdiction. The City argues that appellees Roger G. Allen and Christopher S. Allen (1) failed to show clear and unambiguous waivers of sovereign immunity in their claims for wrongful termination. Appellees filed suit alleging three clai

More...   $0 (04-01-2004 - TX)

Daniel Holsinger Kenneth Fike and Robert Ryan v. West Virginia University.

Civil rights retaliation claims by Daniel Holsinger Kenneth Fike and Robert Ryan against West Virginia University. The Plaintiffs, West Virginia University police officers, claimed that the were retaliated against because they complained that dorm-room burglaries were routinely mislabeled to avoid a federal crime-reporting law.

More...   $600000 (03-31-2004 - WV)

Richard Lee Beams v. Gale Norton

Richard Lee Beams appeals from the district court's grant of summary judgment to defendant on claims of employment discrimination and retaliation in violation of Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act.(1) He brought six separate claims before the EEOC in connection with unsuccessful applications for employment with the Bureau of Indian Affair

More...   $0 (03-28-2004 - KS)

Star Fuel Marts, LLC v. Sam's East, Inc.

Defendant-Appellant Sam's East, Inc. ("Sam's") appeals from an order granting Plaintiff-Appellee Star Fuel Marts, LLC's ("Star") Motion for Temporary Restraining Order and Preliminary Injunction seeking to enjoin and restrain Sam's from selling motor fuel below cost as defined by the Oklahoma Unfair Sales Act, Okla. Stat. tit. 15, §§ 598.1 ­ .11 ("OUSA"). On appeal, Sam's argues that the distri

More...   $0 (03-24-2004 - OK)

Victor Hernandez v. Montville Township Board of Education

Following a one-month probationary period, Victor Hernandez was hired by the Montville Township Board of Education (Board) as a full-time night custodian at two of the township's elementary schools in January 1997. For twenty years prior to this job, Hernandez had been employed by Consolidated Edison as a custodian and later as a mechanic. During that employment, Hernandez attended OSHA seminar

More...   $194000 (03-24-2004 - NJ)

Brian Majors, et al. v. Marsha Abell, et al.

An Indiana statute, challenged in this suit as an infringement of free speech, requires that political advertising that "expressly advocat[es] the election or defeat of a clearly identified candidate" contain "a disclaimer that appears and is presented in a clear and conspicuous manner to give the reader or observer adequate notice of the identity of persons who paid for . . . the commun

More...   $0 (03-18-2004 - IN)

Demetrius Gatlin v. Sergeant Green

Juwan Gatlin (Gatlin) was murdered by Mickey Cobra (MC) gang members after Gatlin cooperated with police. Demetrius Gatlin (Mrs. Gatlin), Gatlin's widow and trustee for Gatlin's estate, filed this lawsuit against a Minneapolis police detective and the City of Minneapolis (City), alleging violations of federal and state law. The district court1 entered summary judgment in favor of the defend

More...   $0 (03-17-2004 - MN)

Lanita Cherry v. Ritenour School

Lanita Cherry appeals from the district court's1 grant of summary judgment in favor of Ritenour School District on Cherry's claims of race discrimination and retaliation under Title VII. The district court held that Cherry failed to establish a prima facie case of discrimination and, furthermore, that Cherry did not prove that the proffered reason for her contract nonrenewal was a pretext

More...   $0 (03-17-2004 - MO)

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