Retaliation Law
 
The Fannin County Community Supervision and Corrections Department v. Glenda Spoon

The Fannin County Community Supervision and Corrections Department (Department) appeals the denial of its plea to the jurisdiction in a whistleblower action filed by its former employee, Glenda Spoon. “[W]histleblowing is ‘the act of a man or woman who, believing that the public interest overrides the interest of the organization he [or she] serves, publicly “blows the whistle” if the orga... More...   $0 (07-16-2014 - TX)

John Stillwell v. Halff Associates, Inc., and Diane Popken

John L. Stillwell appeals from a summary judgment granted in favor of Halff Associates, Inc. and Dianne Popken in his wrongful termination lawsuit. On appeal, Stillwell contends the trial court erred in granting summary judgment and in overruling his objections to Halff’s summary judgment evidence. Concluding that fact issues exist, we reverse the trial court’s judgment and remand this case to... More...   $0 (07-15-2014 - TX)

Stephen Hoffmeyer v. Michael Porter

Stephen Hoffmeyer and Anthony Wichlan filed this 42 U.S.C. § 1983 suit
against Water Patrol Officers Michael Porter and Thomas Belote (collectively, “the
officers”), alleging false arrest and retaliation. The case proceeded to trial. After a
jury returned a defense verdict on both claims, the district court1 denied a motion for
a new trial brought by both Hoffmeyer and Wichlan... More...
   $0 (07-15-2014 - MO)

Lisa M. Knitter v. Corvias Military Livings, LLC f/k/a Picerne Military Housing, LLC

Lisa Knitter worked as a “handyman”1 for Lewis General Contracting, Inc.
(“LGC”) from March 2010 to October 2010. During this time, LGC’s sole client was
Picerne Military Housing, LLC (“Picerne”), now known as Corvias Military Living,
LLC.2 Ms. Knitter performed handyman services exclusively on Picerne properties.
Ms. Knitter sued Picerne under Title VII of the Civil ... More...
   $0 (07-15-2014 - KS)

Frederick M> Abrams v. Department of Public Safety, State of Connecticut

On appeal, Plaintiff‐Appellant Frederick M. Abrams (“Abrams”)
challenges a March 31, 2012 order of the United States District Court for the
District of Connecticut (Robert N. Chatigny, Judge) and a December 5, 2012 jury
verdict (Charles B. Kornmann, Judge). Abrams brought claims under 42 U.S.C.
§ 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq.... More...
   $0 (07-14-2014 - NY)

San Diego County Health and Human Services Agency v. Y.Z.

Y.Z. (Mother) appeals a juvenile court order terminating her parental rights to her children, G.P. and A. P., and choosing adoption as the appropriate permanent plan under Welfare and Institutions Code1 section 366.26. Mother contends the court's erroneous finding that the children should be removed from their relative caregiver and placed in a foster home under section 387 deprived her of the abi... More...   $0 (07-10-2014 - CA)

Bruce I. Schimmel v. Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah Clark, and Carol Severance

In this interlocutory appeal, appellees Gary McGregor, Teri McGregor, Kris Hall, Soledad Pineda, Larry Bishop, Cynthia Bishop, George Clark, Deborah
2
Clark, and Carol Severance (collectively, “the Buy-Out Owners”), sued Bruce Schimmel, an attorney hired by The Sands of Kahala Beach HOA, Inc. (“SOKB”), the homeowners’ association for the subdivision in which the Buy-Out Owners li... More...
   $0 (07-10-2014 - UT)

Sandra Brewer v. College of the Mainland

Sandra Brewer, a former employee of College of the Mainland, sued the College contending it retaliated against her for filing a complaint of sexual harassment by her supervisor. The trial court granted summary judgment in the
2
College’s favor, and Brewer challenges that ruling on appeal. We affirm.
Background
The summary-judgment evidence showed many of the undisputed relevant b... More...
   $0 (07-10-2014 - TX)

Beau David Price v. Texas Alcoholic Beverage Commission, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena

Beau David Price sued his former employer, the Texas Alcoholic Beverage Commission (“TABC”) and several officials, Alan Steen, Joel Moreno, Rod Venner, and Andy Pena (collectively “Appellees”), alleging that his termination
2
violated his constitutional rights of equal protection, free speech, and due course of law. The trial court granted Appellees’ plea to the jurisdiction, and... More...
   $0 (07-10-2014 - TX)

Leonard Avila v. Los Angeles Police Department

Leonard Avila, a police officer, periodically worked
through his lunch break but did not claim overtime.
According to his commanding officer, Avila was a model
officer. The Los Angeles Police Department (LAPD),
however, deemed Avila insubordinate for not claiming
overtime and fired him.
AVILA V. LAPD 5
Not coincidentally, that termination occurred only after
Avila h... More...
   $0 (07-10-2014 - CA)

Estate of Paul Edward Check, Deceased

Appellee Rachelle Marie Powers was appointed Independent Executor of the Estate of Paul Edward Check (“Paul”) pursuant to the decedent’s will. Appellant Patrick A. Check, the decedent’s twin brother, filed a will contest objecting to the probate of the will. In response to the will contest, and certain actions allegedly taken by Check, Powers filed, among other things, a counterclaim alleg... More...   $0 (07-09-2014 - TX)

The University of Houston v. John Casey

This is an accelerated appeal from the trial court’s denial of the University of Houston’s plea to the jurisdiction. The University argues that the trial court erred in denying the plea because appellee John Casey did not satisfy the jurisdictional prerequisites to suit under the Texas Whistleblower Act, TEX. GOV’T CODE ANN.

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§ 554.002 (West 2012). We conclude that Casey fail... More...
   $0 (07-03-2014 - TX)

Mercy Ambat v. Zainabu Anderson

Plaintiffs, current and former deputies of the San Francisco Sheriff’s Department (“SFSD”), appeal the district court’s order granting summary judgment to the City and County of San Francisco (the “County”) on their challenge to SFSD’s policy prohibiting male deputies from supervising female inmates in the housing units of SFSD’s jails. The district court concluded that SFSD’s po... More...   $0 (07-02-2014 - CA)

Anthony Stonecipher v. Special Agent Carlos Valles

Anthony and Melissa Stonecipher became targets of an investigation into their purchases and sales of firearms and explosives. During the investigation, federal officers discovered that Mr. Stonecipher had pleaded guilty in 2007 to a misdemeanor crime of domestic violence in Missouri. One of the officers, Carlos Valles, concluded Mr. Stonecipher had violated federal law, which makes it illegal for ... More...   $0 (07-01-2014 - NM)

Tori V. Arnell v. Dora Consolidated School District

Amber Shaw coached Plaintiff Tori Varnell in several sports while she was a student in the Dora Consolidated School District (Dora Schools). According to Plaintiff, Shaw sexually abused her for more than a year, ending while she was in the ninth grade, sometime in late 2006 or early 2007. On May 24, 2012, when Plaintiff was 20, she sued Ms. Shaw, Dora Schools, and Dora Schools Superintendent Steve... More...   $0 (07-01-2014 - NM)

United States of America v. Michael Salas

Michael Salas was pulled over for erratic driving and consented to a search of his car, which yielded over 20 pounds of methamphetamine. He pleaded guilty to one count of possession with intent to distribute the meth.

Salas challenges the district court’s denial of his motion to suppress the drug evidence. He contends the district court erred in finding that the police officer had reaso... More...
   $0 (07-01-2014 - OK)

The People v. Christopher Jamees Sattiewhite

A jury convicted defendant Christopher James Sattiewhite of the rape (Pen. Code, § 261),1 kidnapping (§ 207), and murder (§ 187) of Genoveva Gonzales. The jury found true the special circumstance allegations that the murder occurred during the commission of the rape and kidnapping (§ 190.2, subd. (a)(17)(B), (C)), and it found that defendant personally used a firearm during the commission of t... More...   $0 (06-30-2014 - CA)

Sergio Martinez Ramos v. The State of Texas

Sergio Martinez Ramos was indicted for three offenses—evading arrest or detention in a motor vehicle, aggravated assault against a public servant, and driving while intoxicated (third offense or more)—and he was alleged to have used or exhibited a deadly weapon in committing each of these offenses. He pleaded guilty to evading arrest or detention, and the jury convicted him of the DWI and aggr... More...   $0 (06-29-2014 - TX)

Anthony Hildebrand v. Allegheny County

This appeal presents three issues on which we have not previously ruled in a precedential opinion. First, whether an employee terminated from a local government position may maintain an action for age discrimination under 42 U.S.C. § 1983. Second, whether the pleading of exhaustion of administrative remedies, a prerequisite to bringing a lawsuit under the Age Discrimination in Employment Act (“... More...   $0 (06-27-2014 - PA)

Daniel Joe Hernandez v. The State of Texas

A jury found appellant Daniel Joe Hernandez guilty of murder and aggravated assault. See Tex. Penal Code §§ 19.02, 22.02. The trial court sentenced Hernandez to thirty-five years’ imprisonment for murder and fifteen years’ imprisonment for aggravated assault, with the sentences to run concurrently. On appeal, Hernandez asserts that the trial court erred in (1) dismissing a juror as disabled ... More...   $0 (06-27-2014 - TX)

Joel David James v. The State of Texas

A jury found appellant Joel David James guilty of continuous sexual abuse of his minor daughter and assessed punishment at ninety-nine years in prison. On appeal, appellant contends that the trial court erred by admitting evidence of an extraneous sexual offense and by submitting a limiting instruction regarding it, by admitting evidence relating to a condom found at his house, by prohibiting him ... More...   $0 (06-27-2014 - TX)

The People v. Carlos Miguel Iraheta

A jury found defendant and respondent Carlos Miguel Iraheta guilty of shooting at an occupied motor vehicle in violation of Penal Code section 246.1 Before sentencing, Iraheta moved for a new trial on several grounds, including that the trial court had erred by declining to instruct the jury on imperfect self-defense in relation to the section 246 charge. The trial court concluded it had committed... More...   $0 (06-27-2014 - CA)

Daniel Joe Hernandez v. The State of Texas

A jury found appellant Daniel Joe Hernandez guilty of murder and aggravated assault. See Tex. Penal Code §§ 19.02, 22.02. The trial court sentenced Hernandez to thirty-five years’ imprisonment for murder and fifteen years’ imprisonment for aggravated assault, with the sentences to run concurrently. On appeal, Hernandez asserts that the trial court erred in (1) dismissing a juror as disabled ... More...   $0 (06-26-2014 - TX)

Arshavir Iskanian v. CLS Transportation Los Angeles, LLC

In this case, we again address whether the Federal Arbitration Act (FAA) preempts a state law rule that restricts enforcement of terms in arbitration agreements. Here, an employee seeks to bring a class action lawsuit on behalf of himself and similarly situated employees for his employer‘s alleged failure to compensate its employees for, among other things, overtime and meal and rest periods. Th... More...   $0 (06-23-2014 - CA)

Edward R. Lane v. Steve Franks

Almost 50 years ago, this Court declared that citizens do not surrender their First Amendment rights by accepting public employment. Rather, the First Amendment protection of a public employee’s speech depends on a careful balance “between the interests of the [employee], as a citizen, in commenting upon matters of public concern and the interest of the State, as an employer, in promoting the ... More...   $0 (06-19-2014 - AL)

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