This action is brought by two former employees of the Coca-Cola Bottling Company of New York, Inc., who were employed in the East Hartford, Connecticut Bottling Plant. Both claim that they were terminated in retaliation for raising complaints about drug and alcohol use at the plant, and one of the plaintiffs, John Kennedy, also alleges that he was terminated after he questioned the shipment

This case turns on summary judgment procedure. The issue is whether a judge must consider materials outside the motion papers and things referred to therein.

Facts

Plaintiff Gwendolyn Carmen holds state certification to teach elementary school. For many years, she worked as a day to day substitute teacher in San Francisco. Though she does not speak, read or write Chinese, she worked a

UnknownWe review the propriety of actions taken during the course of a child abuse investigation and subsequent dependency proceedings. Matilda Mabe sued, on various state and federal grounds, the social worker conducting the investigation, certain supervisors and colleagues, the county agency that employs them, and two individuals who later provided foster care to Mabe's minor daughter. The

The plaintiff in this case, Western Center for Journalism, d/b/a/ Western Journalism Center (WJC), is a tax exempt media foundation that specializes in investigative journalism. WJC alleges that the defendants, two officers of the Internal Revenue Service (IRS), conducted an audit to review its taxexempt status in order to retaliate against it for its First Amendment activity. The defendants

Vervia Logan filed this suit against Kautex Textron North America claiming that she was discharged because of her race and in retaliation for complaining of co-worker harassment, and subject to a racially hostile work environment in violation of Title VII, 42 U.S.C. sec. 2000e et seq. and 42 U.S.C. sec. 1981./1 The district court granted summary judgment in favor of Kautex on all three c

Plaintiff, Johnnie Wade, appeals from the entry of summary judgment in favor of his former employer, the Knoxville Utilities Board (KUB), on his claims of racial discrimination and retaliation in violation of 42 U.S.C. § 1981; Title VII of the Civil Rights Act of 1964, see 42 U.S.C. § 2000e; and the Tennessee Human Rights Act (THRA), Tenn. Code Ann. § 4-21-101. Plaintiff also contends that the dis

Karen Horwitz began teaching full time at Avoca West Elementary School when the 1993 to 1994 school year began and continued to do so until she was terminated in April of 1999. Horwitz has raised numerous claims against the Board of Education of Avoca School District No. 37 (the "Board"), Dr. John W. Sloan, Dr. Venette Biancalana, and Dorothy Ballantyne. She is appealing a variety of dec

Salome Fierros appeals from the district court's summary judgment dismissing her Title VII retaliation claim. For the following reasons, we REVERSE the district court's judgment and REMAND to that court for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant Salome Fierros, a Hispanic female, worked as a laboratory technician for the Texas Center for Infectious Disease, a

[1] These three consolidated appeals arise from related facts. Rob and Linda McLean, husband and wife, worked for Hyland Enterprises. In appeals No. 00-184 and No. 00-186, the McLeans allege they both were wrongfully terminated from Hyland Enterprises in retaliation for Rob McLean’s refusing to perform what he believed to be an unsafe order. They also allege they were terminated in viola

Daniel Luciano appeals from an order of the district court granting summary judgment in favor of Monfort, Inc., and denying Luciano's retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000(e)-2000(e)-17. The district court1 determined that Luciano had not provided any evidence indicating that the nondiscriminatory reasons given for his termination were pretextual.

Christina Matvia appeals from the grant of summary judgment in favor of Bald Head Island Management ("BHIM") on her claims of sexual harassment, retaliation, and constructive discharge. We affirm.

I.

On June 16, 1997, BHIM hired Matvia as a housekeeper. One month later, BHIM transferred Matvia to the position of Maintenance Worker I in the Contractor Service Village ("CSV"). Her superv

Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant, Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment.1 At trial, the court non-suited Khajavi’s claims that defendants Feather River and Robe

Eric Michael, a former employee of the St. Joseph County Health Department (the "Department"), brought this action alleging that the Department and various managers violated his First Amendment rights by suspending him for publicly criticizing the Department's water- quality policies. The district court granted summary judgment in favor of the defendants. We affirm.

Michael began

Plaintiff Tod N. Rockefeller, appearing pro se, appeals the district court's grant of summary judgment to his former employer, the Department of Energy, on his consolidated complaints alleging disability discrimination and retaliation in violation of Title VII and the False Claims Act.(1) We review the grant of summary judgment de novo, using the same standard as the district court. Watson ex rel.

Plaintiff, a former Senior Corrections Officer (SCO) with the New Jersey Department of Corrections (DOC), appeals from a summary judgment dismissing her complaint against the DOC and a number of her superior officers and co-workers alleging violations of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -30 (LAD), as well as common law torts, breach of contract and unlawful acts of ret

Dennis Granlund was discharged by Northwest Airlines, Inc. (NWA) following an internal investigation in which NWA concluded that he had abused travel-pass privileges. Granlund then brought this action under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101, et seq., and the Minnesota Human Rights Act (MHRA), Minn. Stat. Ann. §§ 363.01, et seq., alleging that he was discharged because

Suing in district court, Daniel Yesudian recovered a jury verdict against his employ- er Howard University for breach of contract, and against Joseph Parker, his former supervisor at Howard, for retalia- tion under the False Claims Act, 31 U.S.C. s 3730(h). The jury rejected Yesudian's s 3730(h) claim against Howard. The district court granted judgment as a matter of law for Parker o

Dorinda Craig appeals the judgment of the Circuit Court of Cole County dismissing on the pleadings, pursuant to Rule 55.27(b),(FN1) her employment discrimination claims, under the Americans with Disabilities Act (ADA) and the Missouri Human Rights Act (MHRA), against the respondents: the Missouri Department of Health (MDH); and Daryl Roberts, Bureau Chief of the Bureau of Environmental Epidemiolog

The trial court sustained a demurrer to the complaint of the Reverend John P. Conley (appellant) without leave to amend. Appellant contends that the trial court erred in finding that the complaint presented an ecclesiastical dispute not within the jurisdiction of civil authority. We conclude that judicial review of appellant’s causes of action is permissible in light of the strong compellin

Jaye Clearwater sued Independent School District Number 166 and Donald Langan, its former superintendent, for race discrimination, sex discrimination, sexual harassment, retaliation, and violation of the Minnesota Government Data Practices Act and the Minnesota Open Meeting Law. The district court1 granted summary judgment in favor of defendants on her federal and state claims of race and gende

Gabriel and Ann Martinez (individually Gabriel and Ann) brought this action against Gabriel’s former employee Scott Specialty Gases, Inc. (Scott), a Pennsylvania corporation with a facility in Fremont, California, Scott subsidiary Scott Semiconductor Gases, and Scott employee Paul Cowles (Cowles). Gabriel claimed unlawful termination in violation of public policy, defamation and misrepre

Worker's Comp Retaliation Case.

Steven Jones was a fifteen year employee of Toro, who had an exceptional work history and received a promotion and pay raise one month before his termination. On September 27, 1999, the Plaintiff suffered second degree burns in a work-related accident, and was terminated three days later for alleging refusing to take a drug test on the day of his injury. Th

Kevin Quenneville and Louisa Lewis, appeal the order granting landlords Charles and Eileen Houle possession at the expiration of the rental term. Tenants contend: (1) landlords' notice of nonrenewal of their lease was insufficient because landlords did not provide the Vermont State Housing Authority (VSHA) with a contemporaneous copy of the notice; (2) the court failed to prop

Dr. Harold Bondy commenced this qui tam action on behalf of the United States against the successors to Group Health Association,1 a health maintenance organization ("HMO"), for submitting false claims to the United States in violation of the False Claims Act, 31 U.S.C. SS 3729-34. He also alleged that Group Health Association terminated his employment as a doctor in retaliation for his inves

Melinda Gallegos brought this civil rights action alleging claims of discrimination under various state and federal statutes in connection with the termination of her employment as a firefighter with the Los Alamos County Fire Department (LACFD). The district court granted summary judgment for the LACFD. Ms. Gallegos raises two issues on appeal, contending the court erred in ruling against her on