Retaliation Law
 
Tony Casiano v. Greenway Enterprises, Inc.

6 Greenway is a Montana corporation located in Helena, Montana. Tony Casiano (“Casiano”) was hired by Greenway as a construction laborer in October 1997. On April 27, 1998, Casiano completed Greenway’s six month probationary period. During Casiano’s employment at Greenway, he worked on several projects, including the construction of a surgical center next to St. Peter

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Anna D. Wells v. Unisource Worldwide, Inc.

Anna Wells claimed that her former employer, Unisource Worldwide, Inc., discriminated against her because of her race (African American) in transferring her job assignment from the state of Illinois to the state of Wisconsin. Wells also argues that Unisource discriminated against her when it refused to offer her other positions within the company after she declined to accept the transfer

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Joseph L. Simmon v. Chicago Board of Education

Joseph Simmons became the first African-American treasurer of the Chicago Board of Education in October 1995, shortly after his unsuccessful run for city alderman. Less than nine months later he was demoted. He sued the Board claiming that his demotion was illegally based on his race and political activities. The Board counters that it terminated Simmons essentially for micromanaging his

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Durham v. City of Portland

This is the fourth action that plaintiff has brought against her former employer, the City of Portland, and her former supervisor, Robert Phillips. In this action, plaintiff alleged that the City had discriminated against her because she was a woman and that it had retaliated against her for complaining about its employment practices. She also alleged that Phillips had assaulted her. The trial cou

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Joyce Jacob-Mua, et al. v. Van Veneman, Secretary of the United States Department of Agriculture

Appellants Joyce Jacob-Mua (Jacob-Mua), Ned Klopfenstein (Klopfenstein), and Mee-Sook Kim (Kim) appeal the district court's grant of summary judgment in favor of the government. The district court concluded appellants failed to present prima facie cases of disparate treatment, hostile work environment, and retaliation. We affirm the opinion of the district court.1

I. BACKGROUND

The district

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Saundra Weaver v. African Methodist Episcopal Church, Inc., et al.

This is a case of first impression evaluating the sufficiency of the evidence to support a claim for intentional failure to supervise clergy as established by Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997). Saundra Weaver was a minister of Mariah Walker congregation of the African Methodist Episcopal Church (AME) from 1990 until December 1996. Ronald Williams was a pastor of the AME church whe

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Earl S. Cottman v. Robert Rubin, Secretary of the Treasury

Earl Cottman, a special agent of the United States Customs Ser- vice, appeals the district court's granting of his employer's motion for summary judgment, dismissing his claims of discriminatory treatment based upon race and reprisal in violation of Title VII of the Civil Rights Act, 42 U.S.C.A. SS 2000e to 2000e-17 (West 1994 & Supp. 2001). We affirm.

Cottman, an African-American, has be

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Patricia Ann Eubanks-Jackson v. Bank of America, N.A.

Patricia Ann Eubanks-Jackson appeals the District Court’s1 grant of summary judgment to her former employer, Bank of America, N.A., in her employmentdiscrimination action. Having carefully reviewed the record, see Land v. Washington County, Minn., 243 F.3d 1093, 1095 (8th Cir. 2001) (de novo standard of review), we affirm. * * * The District Court did not abuse its discretion in granting

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Joseph Payne v. Milwaukee County, et al.

This is the second time we have seen Joseph Payne's case, in which he asserted that Milwaukee County, its Personnel Review Board, and certain officers (collectively Milwaukee County) had unlawfully terminated him in violation of his First Amendment rights, and thus in violation of 42 U.S.C. sec. 1983. The factual background of Payne's claims is set forth in our earlier opinion, see Payne

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Joseph Bryant, Sr. v. Bell Atlantic Maryland, et al.

Joseph Bryant, Sr., appeals the district court's decision dismissing on summary judgment his claim seeking enforcement of an arbitration award won by Bryant against his employer, Bell Atlantic Maryland, Inc., and Bell Atlantic Network Services, Inc. (collectively "Bell Atlantic"). Bryant also appeals the district court's decision dismissing on summary judgment his claims of employment discrim

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Herman Raggs v. Mississippi Power & Light Company

Plaintiff-Appellant, Herman Raggs (Raggs), filed suit against Defendant- Appellee, Mississippi Power & Light Company (MP&L), alleging race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, which arose from his 1996 layoff by MP&L and its subsequent failure to rehire him in 1999. The magistrate judge presiding over the trial granted MP&L

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Brian Vukadinovich v. Board of School Trustees of North Newton School Corp.

After the North Newton School Corporation ("School") terminated his employment, plaintiff Brian Vukadinovich brought a lawsuit against the Board of School Trustees of the North Newton School Corporation ("School Board") and various school officials under 42 U.S.C. sec. 1983. Vukadinovich alleged that the defendants violated his First Amendment rights by firing him in retaliation for his

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Pamela J. Phillips v. James Bowen, et al.

Defendants James Bowen and M.T. Woodcock appeal from the March 31, 2000, judgment of the United States District Court for the Northern District of New York (Lawrence E. Kahn, Judge) in favor of plaintiff Pamela J. Phillips. A trial jury found that defendants, who were plaintiff's work supervisors, retaliated against Phillips after she exercised her First Amendment rights, but the same jury rejecte

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Kathy Hunt v. Rapides Healthcare Systems, LLC

This appeal addresses the responsibility of an employer toward an employee who has taken leave under the Family and Medical Leave Act ("FMLA"). Kathy Hunt appeals the district court's grant of summary judgment dismissing her claims that her former employer, the Rapides Healthcare System, L.L.C. d/b/a Winn Parish Medical Center ("Medical Center"), violated her FMLA rights and retaliated against her

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Mazzio's Corp. v. Thomas L. Bright, et al.

1 This is an appeal from judgment on jury verdict entered in favor of Plaintiff, Mazzio''s Corporation (Mazzio''s), in an action alleging malicious prosecution in relation to the filing and prosecution of lawsuits in state and federal court by Defendant attorney Thomas Bright. The underlying lawsuits were filed against Mazzio''s by Bright on behalf of his client, Defendant Robin Burch, who alleged

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Donnie "Don" Ray Leach v. New Mexico Junior College, et al.

{1} In this civil rights action claiming retaliatory termination from employment for exercising First Amendment rights, Defendants, the New Mexico Junior College (NMJC), its Board, and several of its officials, appeal from two orders partially denying their motions for summary judgment. Although the district court's orders are only partly favorable to his interests, Plaintiff Don Leach has not

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Joseph M. Popovich v. Cuyahoga County Court of Common Pleas, et al.

The state sovereign immunity provision of the Eleventh Amendment, ratified in 1795 to overrule Chisholm v. Georgia, 2 U.S. (2 Dall.) 419 (1793), prohibits Congress from directing the federal courts to hear suits by citizens against a state or its executive, legislative or judicial departments.(1) On the other hand, the Fourteenth Amendment in Section 5, ratified 73 years later, partially abrogates

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Manuel Robleado v. Deffenbaugh Industries, Inc.

This appeal is taken from the district court's Memorandum and Order granting summary judgment in favor of defendant on plaintiff's claims of employment discrimination and retaliation. See Robleado v. Deffenbaugh Indus., Inc., 136 F. Supp. 2d 1179 (D. Kan. 2001). The underlying facts are outlined in the district court's thorough and detailed opinion. The court followed the familiar burden-shifting

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Monica M. Peyton v. Michael F. DiMario

Monica Peyton, a former employ- ee of the Government Printing Office ("GPO"), brought this action against Michael F. DiMario, in his official capacity as Public Printer of the United States, alleging employment discrimination pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. ss 2000e, et seq. Peyton's hostile work environment claim and retaliation claim were tried to a j

More...   $378477 (04-24-2002 - DC)

Osband J. Holmes v. The Boeing Company

Plaintiff Osband J. Holmes appeals from a summary judgment granted in favor of defendant Boeing Company, which was his former employer. Plaintiff alleges that defendant violated the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 (Supp. 1998), when it terminated his employment after he had taken medical leave. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

I. Backgro

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Michael A. Mulhall v. John Ashcroft, et al.

Mulhall is a Jefferson County, Kentucky, police officer. He was assigned to the Louisville Fugitive Task Force ("LFTF"), from March 14, 1994 to March 15, 1995. The LFTF is a joint effort of the FBI, U.S. Marshals Service, the Louisville Police Department, and the Jefferson County Police Department ("JCPD"). The JCPD's decision to remove Mulhall from the LFTF and reassign him, effective March 16, 1

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Hung Duc Bui v. IBP, Inc.

Plaintiff appeals from the district court's orders granting summary judgment to defendant on claims of employment discrimination, dismissing without prejudice a state-based claim of retaliation, and denying plaintiff's motion to alter or amend the judgment. We have jurisdiction over this appeal by virtue of 28 U.S.C. § 1291.(1) After reviewing the record on appeal and considering the parties' argu

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John Strahan v. Richard Kirkland and Washoe County

John Strahan, a sergeant in the Washoe County, Nevada Sheriff’s Office, was investigated, disciplined, demoted and transferred. He filed a federal lawsuit under 42 U.S.C. § 1983 against Washoe County and its sheriff, Richard Kirkland, claiming that the adverse employment action violated the First Amendment because it was in retaliation for his association with biker enthusiasts in a mo

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Lona Tomlinson v. Qualcomm, Inc.

Lona Tomlinson, an at-will employee of respondent Qualcomm, Inc., received a family leave of absence from her employment as provided by California's Family Rights Act (Gov. Code, § 12945.2)1 (CFRA) and Qualcomm's personnel policies. During Tomlinson's family leave of absence, Qualcomm implemented a company-wide reduction in work force; Tomlinson was among the more than 300 employees whose empl

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Ester B. Jersey v. John Muir Medical Center

The principal question presented by this appeal is whether a hospital that terminates an at-will employee for bringing a personal injury action against a former patient who had assaulted the employee during the course of her employment violates a fundamental public policy that supports a so-called Tameny claim.1 The trial court concluded that it did not and granted summary judgment to the defe

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