Retaliation Law
 
Thomas Stalcup v. Central Intelligence Agency

Though clouded by an airline
disaster and claims of a government cover-up, this case ultimately
turns on a relatively straightforward question: must the
government release certain information? Plaintiff-Appellant Thomas
Stalcup brought this Freedom of Information Act ("FOIA") suit
against the Central Intelligence Agency ("CIA"), seeking two
documents from an investigation i... More...
   $0 (10-06-2014 - MA)

M.M. v. Lafayette School District

In this appeal we consider, among other matters, whether
a school district’s failure to provide educational testing data
to parents violated the procedural requirements of the
Individuals with Disabilities Education Act, 20 U.S.C.
§§ 1400–1487 (“IDEA” or “Act”). We conclude that it did.
We also conclude that the failure to provide the data
prevented the parent... More...
   $0 (10-02-2014 - CA)

Carol Ann Davis v. The State of Texas

Carol Ann Davis appeals the order of civil commitment for extended inpatient mental health services. See Tex. Code Crim. Proc. Ann. art. 46B.102(d) (West Supp. 2014); Tex. Health & Safety Code Ann. § 574.035(a), (h) (West Supp. 2014). On January 16, 2014, after a hearing on the State’s application for civil commitment, the trial court signed an order of civil commitment for extended inpatient m... More...   $0 (09-25-2014 - OK)

J. D. S. v. Texas Department of Family and Protective Services

This is an appeal from an order terminating the parent child relationship between JDS and LS predicated upon Texas Family Code subsections 161.001(1)(D), (E), (O), and a finding that termination is in the best interest of the child. The final order appoints the Department as the child’s sole managing conservator. In eight issues1, JDS challenges the legal and factual sufficiency of the evidence ... More...   $0 (09-24-2014 - TX)

R. Scott Phelan v. H. Scott Norville

Appellant and Cross-Appellee, R. Scott Phelan, and Appellee and Cross-Appellant, H. Scott Norville, both appeal a judgment rendered in Phelan’s favor following a jury trial on Phelan’s assault and libel claims against Norville. The jury awarded Phelan a total monetary award of $590,000, consisting of $15,000 for physical pain/mental anguish as a result of the assault claim, $325,000 for past a... More...   $0 (09-22-2014 - TX)

The People v. Lee Edward Peyton

Lamenting the delays associated with the orderly processing of criminal cases,
Justice Macklin Fleming explained a popular way for a criminal defendant to avoid, or at
least delay trial: "sidetracking." He describes this as diverting "the inquiry into a
collateral issue. . . . In the operation of a railway system to sidetrack a train is to switch it
from the main line to a siding. ... More...
   $0 (09-16-2014 - CA)

Monique Jackson v. Federal Express

4 Monique Jackson appeals from Judge Chatigny’s grant of
5 summary judgment dismissing her medical leave, disability,
6 employment discrimination, and retaliation claims and denial of
7 her pro se request to reopen discovery. We write to clarify the
8 obligations of a district court in granting summary judgement
9 under Fed. R. Civ. P. 56. We affirm.
10 BACKGROUND
11 ... More...
   $0 (09-09-2014 - NY)

Judy Elwell v. State of Oklahoma ex rel. The Board of Regents of the University of Oklahoma

Plaintiff, Judy Elwell, for her claims against Defendant, the Board of Regents for the University of Oklahoma, alleges and states as follows:
PARTIES
1. Plaintiff was employed by Defendant as a Staff Assistant.
2. Defendant State of Oklahoma a reL The Board of Regents for the University of Oklahoma is a constitutional state agency that conducts business in the State of Oklahoma. Defend... More...
   $1 (09-05-2014 - OK)

John S. Kao v. The University of San Francisco

Plaintiff John S. Kao sued the University of San Francisco (USF) for violations of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq. (FEHA)), the Unruh Civil Rights Act (Civ. Code, § 51 et seq.), and the Confidentiality of Medical Information Act (Civ. Code, § 56 et seq.) in connection with the events surrounding his termination as a professor at USF. He also asserted causes of ac... More...   $0 (09-02-2014 - CA)

Taylor Patterson v. Domino's Pizza, LLC

Franchising, especially in the fast-food industry, has become a ubiquitous, lucrative, and thriving business model. This contractual arrangement benefits both parties. The franchisor, which sells the right to use its trademark and comprehensive business plan, can expand its enterprise while avoiding the risk and cost of running its own stores. The other party, the franchisee, independently owns, r... More...   $0 (08-28-2014 - CA)

Stephanie Cruise v. Kroger Co.

Defendants and appellants Kroger Co., Kroger Manufacturing, Compton Creamery, Keith Oldenkamp, Steve Kuebbing, Jesse Turner, Keith Henry, Jill McIntosh and Tony Ramirez (sometimes collectively referred to as Kroger or the Kroger defendants) appeal an order denying their motion to compel arbitration of an employment discrimination action filed by plaintiff and respondent Stephanie Cruise (Cruise).1... More...   $0 (08-27-2014 - CA)

Eddie Yau v. Santa Margarita Ford, Inc.

Eddie Yau filed a complaint against his former employer, Santa Margarita Ford, alleging a cause of action for wrongful termination in violation of public policy. Yau alleged he was terminated after complaining to Santa Margarita Ford’s management about fraudulent warranty repair claims being submitted to Ford Motor Company (Ford). Yau also alleged an intentional infliction of emotional distress ... More...   $0 (08-26-2014 - CA)

The People v. Stanley Bryant, Donald Franklin Smith and Leroy Wheeler

On August 28, 1988, Andre Armstrong, James Brown, Loretha Anderson, and Chemise English were shot and killed. Armstrong and Brown had run afoul of the Bryant Family gang and were shot at the entrance to a drug house. Ms. Anderson and her daughter Chemise, aged 28 months, were shot in a car parked at the curb. Anderson‘s son Carlos, aged 18 months, was also in the car. He was not shot and survive... More...   $0 (08-25-2014 - CA)

Deborah Shaw v. THC-Orange County, Inc.

Health and Safety Code section 1278.5 prohibits a health facility from retaliating against any of its employees for complaining about the quality of care or services provided by the facility. The statute further provides that an employee who has been improperly retaliated against “shall be entitled to reinstatement, reimbursement for lost wages and work benefits caused by the acts of the employe... More...   $0 (08-21-2014 - CA)

Daniel Valdez v. Recon Services, Inc.

Appellant Daniel Valdez sued appellee Recon Services, Inc., his former employer,
alleging wrongful termination in retaliation for his having filed a workers’ compensation claim.
Recon filed a motion for summary judgment, which the trial court granted, dismissing Valdez’s suit.
Valdez appeals, arguing that fact issues remained as to each element of his claim and that the trial
c... More...
   $0 (08-20-2014 - TX)

The People v. Keandre Dion Windfield

A jury convicted Harquan Johnson (Johnson) and KeAndre Windfield (Windfield)
of first degree murder (Pen. Code, § 187, subd. (a)),1 during which they personally used
and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) and a
principal personally discharged a firearm causing death (§ 12022.53, subds. (d) & (e)(1)).
The jury further convicted defendants of ... More...
   $0 (08-19-2014 - CA)

Darren Hager v. County of Los Angeles

In a whistleblower retaliation lawsuit brought under Labor Code section 1102.5,
subdivision (b) (hereafter section 1102.5(b)),1 the plaintiff must establish a prima facie
case of retaliation. The plaintiff must show he engaged in protected activity, his
employer subjected him to an adverse employment action, and there is a causal link
between the two. If the plaintiff meets his pri... More...
   $0 (08-19-2014 - CA)

United States of America v. Anthony Gadson

Anthony Gadson and Willie Wilson appeal their
convictions for conspiracy to distribute more than 500 grams
of cocaine, possession with intent to distribute controlled
substances, and possession of firearms in furtherance of their
conspiracy and possession of controlled substances. Wilson
also appeals his conviction for retaliation against a witness.
On appeal, they challeng... More...
   $0 (08-19-2014 - AK)

The People v. Justin James Merriman

In 2001, a jury convicted defendant Justin James Merriman of the 1992 first degree murder of Katrina Montgomery (Pen. Code, § 187, subd. (a)),1 and found true the special circumstance allegations that the murder was committed while defendant was engaged in the commission of rape and oral copulation (§ 190.2, subd. (a)(17)(C), (F)), and the allegation that defendant personally used a deadly weapo... More...   $0 (08-18-2014 - CA)

KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat... More...
   $0 (08-12-2014 - TX)

Chubb & Son v. Tracy Lemmon

Attorney Tracy Lemmon filed an employment discrimination lawsuit against her
law firm employer, as well as against petitioner Chubb & Son, a division of Federal
Insurance Company (Chubb), whose insureds she represented. In response to Lemmon’s
request for documents relevant to her job performance, Chubb withheld documents (or
redacted them) on the ground they contain privileged o... More...
   $0 (08-12-2014 - CA)

Christian Nielsen v. AECOM Technology Corporation

We consider the reach of the whistleblower retaliation provision created by
the Sarbanes‐Oxley Act of 2002 (“Sarbanes‐Oxley” or “SOX”). See Pub. L. No. 107‐
204, § 806, 116 Stat. 745, 802‐04 (codified as amended at 18 U.S.C. § 1514A). The
district court (Forrest, J.) dismissed the complaint brought by plaintiff‐appellant
Christian Nielsen (“Nielsen”) against... More...
   $0 (08-08-2014 - NY)

Deborah Malin v. Hospira, Inc.

Plaintiff Deborah Malin appeals from the district court’s grant of summary judgment in favor of her employer on her retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in favor of the employer and several managers on her retalia-tion claim under the Family and Medical Leave Act, 28 U.S.C. § 2601 et seq. We reverse and remand for trial.
2 No. 13... More...
   $0 (08-07-2014 - IL)

Maria Rebolledo v. Tilly's Inc.

Tilly’s Inc. and World of Jeans & Tops, Inc. (hereafter collectively referred to in the singular as Employer) appeal from the trial court’s order denying its motion to compel arbitration of Maria Rebolledo’s putative class action regarding statutory wage claims. We agree with the trial court’s conclusion the parties’ arbitration agreement expressly excluded statutory wage claims from the... More...   $0 (08-06-2014 - CA)

United States of America, ex rel. Dr. Jesse Polansky v. Pfizer, Inc.

Plaintiff‐appellant Jesse Polansky appeals a dismissal of his claims against
defendant‐appellee Pfizer, Inc. for alleged violations of the False Claims Act and
state law equivalents. From 2001 to 2003, Polansky, a medical doctor, worked at
Pfizer, and during his tenure he came to believe that Pfizer had violated various
laws. He complained internally about the alleged violation... More...
   $0 (08-06-2014 - NY)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher