Retaliation Law
 
Floyd Matthew Porter v. The State of Texas

Criminal Law - Felony: Appellant Floyd Matthew Porter appeals his conviction for unlawful possession of a firearm by a felon. In a single issue, appellant contends the trial court erred in admitting evidence of two misdemeanor convictions for impeachment purposes during the guilt/innocence phase of trial. We affirm.

I. Procedural and Factual Background

Austin County

More...   $0 (11-25-2003 - TX)

Dorion Daniel v. State

Appellant Dorion Daniel[1] was accused and tried in connection with the shooting deaths of two men and the non-fatal shootings of two others in an apartment in Las Vegas. He was convicted, pursuant to a jury trial, of two counts of first-degree murder, two counts of attempted murder with use of a deadly weapon, and one count of burglary while in possession of a firearm. After the jury deadlocked

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Lisa Y. Jones v. Jo Anne B. Barnhart

Lisa Jones brought this suit against her former employer, the Social Security Administration ("SSA"), alleging that its failure to promote her was based on racial discrimination, that the SSA was a racially hostile work environment, that the SSA retaliated against her for being outspoken on racial issues and filing a complaint with the Equal Employment Opportunity Commission ("EEOC"), and that

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Anchor Fumigation & Pest Control, Inc. v. Conrad Cortes

Conrad Cortes, appellee, brought suit against his former employer, Anchor Fumigation and Pest Control, Inc. (Anchor), alleging disability discrimination and workers' compensation retaliation. Appellant failed to file an answer and the trial court signed an interlocutory default judgment as to liability against appellant on February 14, 2002. Appellant filed two motions for new trial, and both

More...   $1 (11-21-2003 - TX)

Walter H. Taylor v. Lockheed Martin Corportation

Does an arbitration decision under a collective bargaining agreement (CBA) have preclusive effect in a civil suit for retaliatory discharge under Labor Code section 6310, subdivision (b)? We conclude it does not, unless (1) the CBA clearly and unmistakably provided for binding arbitration of the employee's statutory claim under the Labor Code, and (2) the arbitration was conducted in a manner

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Linda Tripp v. United States of America

Privacy Act violation claim by former Defense Department Employee for wrongfully releasing information about her to The New Yorker magazine. The 1974 Privacy Act prohibits the government from releasing unauthorized personal information about individuals to nonfederal organizations. Tripp claimed that information about her was released to the media in retaliation for her role in triggering the im

More...   $595000 (11-04-2003 - DC)

Terence M. Garrett, Ph.D. v. Joe Anna Hibler, Ed.D., in her individual capacity; The State of Oklahoma, ex rel The Board of Regents For Oklahoma Colleges

Plaintiff Terence M. Garrett, a former tenure-track assistant professor at Southwestern Oklahoma State University (SWOSU) and president of the SWOSU chapter of the American Association of University Professors, brought suit under 42 U.S.C. § 1983 against several SWOSU administrators in their individual capacities, alleging that they terminated his employment in retaliation for his exercise of r

More...   $88022 (10-31-2003 - OK)

Antoinette Regnier v. City of Nashville

Nashville Police Sgt. Antoinette Regnier claimed that she was transferred in retaliation for filing a sexual harassment complaint against her superior. In October 1998, a female intern under the supervision of Sgt. Regnier reported that another academy staff member, Lt. Anthony Carter, had shown her a photo of himself in a lime green bikini bathing suit and asked "would she like to try riding th

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Najee Ali v. L.A. Focus Publication, et al.

Najee Ali appeals the judgment entered after the trial court granted summary judgment in favor of defendant L.A. Focus Publication (L.A. Focus) and Jheryl Busby in Ali's action for wrongful termination and related employment claims. Because triable issues of fact exist as to whether Ali was an employee of L.A. Focus and whether his employment was terminated for engaging in protected political

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Rodney Fitz v. Pugmire Lincoln-Mercury, Inc.

After resigning from his position as finance and insurance ("F&I") manager of Pugmire Lincoln-Mercury, Inc. in Atlanta, the plaintiff in this case, Rodney Fitz, whose race is black, filed suit pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e, et seq., against his former employer.1 Fitz alleged that his resignation constituted a "constructive discharge" because it was compelle

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Ernesto D. Martinez v. John E. Potter, Postmaster General, United States Postal Service

Plaintiff-Appellant Ernesto Martinez appeals the district court's grant of summary judgment to Defendant-Appellee United States Postal Service ("Postal Service") on his claims of retaliatory treatment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-16(c). As originally filed in November 2000, Mr. Martinez's complaint alleged instances of retaliatory treatment occurr

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Marty W. King v. Senior Services Associates, Inc.

Plaintiff, Marty W. King, appeals from the order of the trial court granting the motion to dismiss of defendants, Senior Services Associates (SSA) and Bette Schoenholtz. We reverse in part, affirm in part, and remand.

In October 2001, King filed a two-count complaint alleging retaliatory discharge against SSA (count I) and Schoenholtz (count II). Both defendants filed a motion to dismiss,

More...   $0 (06-30-2003 - IL)

Jane T. Guevara v. Best Western Stevens Inn, Inc.

Guevara was the evening head waitress at the Best Western in Carlsbad, New Mexico. In July 2000, she filed a charge of age and national-origin discrimination with the Equal Employment Opportunity Commission (EEOC), alleging that she had been harassed daily since May 1974 and disciplined for situations that were not her responsibility or fault. On December 27, 2000, the EEOC issued a right-to-su

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Debra L. Jackson v. Dillard's Department Stores, Inc.

Ms. Jackson was employed by Dillard's in its Park Meadows Mall store in Littleton, Colorado between September 1998 and February 2000. From September 1998 until June 1999, she worked as a salesperson in the women's shoes department. During this period, she claims to have been sexually harassed on repeated occasions, both verbally and physically, by two of her co-workers, Raul Rivadeneyra and Oli

More...   $0 (10-20-2003 - CO)

Thi v. Kim

Libel, slander, outrageous conduct, sexual assault, breach of fiduciary duty and negligent supervision claims by Ho Ngo Van and two of his daughters against Buddist Monk Le and 17 other defendants for accusing them of being communists in retaliation for disclosing assaults by the Monk on two of the plaintiffs.

The defendants denied all allegations made agains them by the plaintiffs.

More...   $4800000 (10-18-2003 - CO)

Margaret Russell v. North Broward Hospital

This is M argaret R ussell's appeal from a judgment in favor of the North Broward Hospital District, her former employer, in the lawsuit she broug ht against it. The Hospital terminated Russell's employment because it concluded that she had been absent from work too much. Russell does not deny being away from work when the Hospital says she was, but she contends that her absences were for

More...   $0 (10-09-2003 - FL)

Paul Smith and Gloria Smith v. L. Patrick Power

Paul and Gloria Smith sued L. Patrick Power, an assistant city attorney in Kankakee, Illinois, under 42 U.S.C. § 1983 for initiating proceedings to demolish a house on their property, allegedly in retaliation for Paul Smith's public criticism of Power when Smith was a Kankakee alderman. The district court concluded that Power was entitled to absolute immunity from suit and dismissed the

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Claudia Croy v. Cobe Laboratories, Inc., et al.

This is an appeal of an action alleging discrimination under the Americans With Disabilities Act of 1990, 42 U.S.C. §§ 12101-12213 (1995); Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and a breach of contract. Plaintiff-Appellant, Ms. Claudia Croy, alleges that her former employers (collectively "Appellees") discriminated against her because of her gender and failed to

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Elvia Corral v. Levi Strauss & Company

Levi Strauss has a policy which provides employees with twelve months of medical leave for those who are medically unable to work. If an employee remains unable to work after the twelve-month period, he or she is terminated from employment. On September 17, 1997, Levi Strauss discharged Corral from employment as a sewing machine operator because she had been absent for approximately twenty-six

More...   $0 (10-03-2003 - TX)

Caroline M. Sitar v. Indiana Department of Transportation

Caroline Sitar's employment with the Indiana Department of Transportation (INDOT) was short-lived. Sitar was one of the few women to work for INDOT in its historically male Westfield Unit, but she was transferred and terminated before the end of six months. INDOT claims that the reason for the brevity of Sitar's tenure was unsatisfactory performance; Sitar believes that it was the result

More...   $0 (09-29-2003 - IN)

Van Independent School District v. Scott A. McCarty

On July 26, 2001, McCarty was injured on his maintenance job at VISD. On August 2, 2001, VISD, through its superintendent, Mark Pool ("Pool"), notified McCarty by letter that his employment with VISD was terminated. In this letter, Pool informed McCarty that if he wished to contest his termination, he could do so by filing a notice with the VISD Board of Trustees (hereinafter "school board") as

More...   $0 (09-26-2003 - TX)

Barlow Trail Mobile Home Park v. Richard Dunham

Plaintiff appeals from a judgment awarding attorney fees to defendant in an action under the Oregon Residential Landlord and Tenant Act (RLTA). The issue is whether the trial court erred in designating defendant as the prevailing party under ORS 90.255 and awarding him attorney fees. After a trial in which it found for defendant on plaintiff's ejectment claim and for plaintiff on defendant's co

More...   $0 (09-24-2003 - OR)

Thomas Arnone v. Town of Enfield, et al.

The defendant1 town of Enfield appeals from the judgment of the trial court, rendered after the jury's verdict, in favor of the plaintiff, Thomas Arnone. On appeal, the defendant claims that the court improperly (1) denied its motion to set aside the verdict, and (2) granted the plaintiff's motion for attorney's fees and costs associated with expert witness fees.Weaffirm in part and rever

More...   $127000 (09-19-2003 - CT)

Deborah Rice Lamar v. City of Fort Lauderdale

This appeal arises from an action by Deborah Rice-Lamar (Lamar) against the City of Fort Lauderdale (City) pursuant to the Florida Whistleblower Act, section 112.3187, Florida Statutes (Supp. 1996). Lamar alleged that she was fired from her position as the City's Affirmative Action Specialist because she attempted to express her opinion regarding the City's alleged discriminatory practices

More...   $0 (09-17-2003 - FL)

Tia J. Horton, et al. v. Jackson County Board of County Commissioners, et al.

Karen Brooks appeals from the denial of her motion to intervene in an employment discrimination case brought by Tia Horton under Title VII against their former employer. The appeal requires us to consider the contours of the "single-filing" rule, which excuses in some circumstances the failure of a victim of employment discrimination to exhaust his or her administrative remedies.

Horton

More...   $0 (09-15-2003 - IN)

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