Retaliation Law
 
Gilberto Rincones v. WHM Custom Services, Inc.

Plaintiff Gilberto Rincones appeals a take-nothing judgment entered in favor of
defendants WHM Custom Services, Inc., Exxon Mobil Corporation, and DISA, Inc. As
set forth below, the Court reverses the take-nothing judgment and remands in part, and
affirms in part.
I. BACKGROUND
Gilberto Rincones is a Hispanic male of Mexican descent and heritage. Between
2007 and 2008, he w

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United States of America v. Theron Maxton

DENVER, CO – Following a three-day trial, a jury found Theron Maxton, age 59, an incarcerated inmate, guilty of four counts of influencing a federal officer by threats to the officer and/or the officer’s family member, the U.S. Attorney’s Office and the FBI announced. The jury deliberated for approximately three two hours before handing down their guilty verdicts. The trial was held before

More...   $0 (01-26-2015 - CO)

United States of America v. Edgar Encarnacion

Preet Bharara, the United States Attorney for the Southern District of New York, announced that EDGAR ENCARNACION, a/k/a “Edgar Encarnacion-Lafontaine,” a/k/a “Tapon,” 47, was convicted on December 11 in Manhattan federal court of conspiring to distribute marijuana, conspiring to distribute cocaine, conspiring to commit extortion, extortion, and conspiring to commit witness tampering. As a

More...   $0 (12-15-2014 - NY)

United States of America v. Kris Sergentakis

Preet Bharara, United States Attorney for the Southern District of New York, and Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced today the arrest of KRIS SERGENTAKIS for retaliating against a witness and stalking. The Complaint alleges that SERGENTAKIS has engaged in a scheme to retaliate against, stalk, and harass a

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Avery Richey v. Autonation, Inc.

An employer terminated an employee who was absent on approved medical leave, but engaged in outside employment in violation of company policy. After an 11-day arbitration hearing, the arbitrator relied on the federal ―honest belief‖ defense and rejected the employee‘s claim that the employer violated the employee‘s right to reinstatement under the Moore–Brown–Roberti Family Rights Act

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United States of America v. Jeffrey A. Sterling

LEXANDRIA, Va. – Jeffrey A. Sterling, 47, of O’Fallon, Missouri, was convicted by a federal jury on charges of disclosing national defense information and obstructing justice.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Attorney General Eric Holder; and FBI Director James Comey made the announcement after the verdict was accepted by U.S. District Judge Leonie M

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Michael Henne v. City of Yakima

The city of Yakima claims the protection of.
statutes that were designed to protect the rights of those who engage in First
Amendment protected communicative activity. U.S. CONST. amend. I. Those
statutes-Washington's "anti -SLAPP" 1 laws-protect speakers against frivolous,
speech-chilling lawsuits. We hold that a governmental entity like Yakima cannot
take advantage of the ant

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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 (01-20-2015 - CA)

United States of America v. Jesus Marquez

The United States of America charged Jesus Marquez with retaliation against a federal judge or federal law enforcement officer in violation of 18 U.S.C. 1521.

Set forth below are some of the docket entries relating to this case:

04/02/2014 1 SEALED INDICTMENT (Redacted Version) filed Unredacted document sealed pursuant to E-Government Act of 2002 as to Jesus Marquez (1) count(s)

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Kenneth Gonsalves v. Ran Li

Appellant Ran Li crashed a new BMW during a test drive. Kenneth Gonsalves, a
salesperson for the BMW dealership, was a passenger in the vehicle. Gonsalves sued,
alleging that Li1
drove recklessly during the test drive, causing the accident, and that
Gonsalves suffered significant back injuries as a result. A jury found that Li was
negligent, that Gonsalves was not comparativel

More...   $0 (01-13-2015 - CA)

Elizabeth Montano v. The Wet Seal Retail, Inc.

The Wet Seal Retail, Inc. (Wet Seal) appeals from the denial of its motion to
compel arbitration of this wage and hour action brought by employee Elizabeth Montano.
Wet Seal also challenges the grant of Montano’s motion to compel discovery responses.
We affirm the order denying the motion to compel arbitration and dismiss the challenge
to the discovery order as nonappealable.

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Chris Miller v. City of Ithaca

Syracuse, NY - Christopher Miller sued the City of Ithaca, Edward Vallely, in his individual and official capacity as the Chief of Police of Ithaca, New York, John Barber, in his individual and official capacity as the Deputy Chief of Police of Ithaca, New Yori, Pete Tyler, in his individual and official capacity as Deputy Chief of Police, The Ithaca Police Benevolent Association, Inc., Jeffrey Hu

More...   $481001 (01-25-2015 - NY)

Janna Esau v. CSCC Nursing, LLC, Adcare Health Systems, Adcare Consulting, LLC and Adcare Oklahoma Management, LLC

of Oklahoma.
do
STATEMENT OF FACTS
Plaintiff, Janna Esau (“Ms. Esau”), for her cause of action against Defendant, CSCC
Nursing, LLC (“CSCC Nursing”), alleges and states as follows:
1. Ms. Esau is an individual who resides in Tulsa County.
2. CSCC Nursing is a Georgia limited liability company which is doing business in Tulsa County. CSCC Nursing operates a nursing h

More...   $1 (12-03-2014 - OK)

Ki Son Willis v. Michael Gentry d/b/a McDonalds and McDonalds Corporation

COMES NOW the Plaintiff, Ki Son Willis, through her attorney of record; Dartkl E Smolen, of Smolen, Smolen & Roytman, PLLC and brings this action against thç.. Defendants, Micheal Gentry d/b/a McDonalds and 2GRM, LLC, a domestie, lirnite&: liability company, for violations of her constitutionally protected rights arising diit cf her employment and temlination by said Defendants.
PARTIES, JURI

More...   $0 (12-09-2014 - OK)

The Estate of Carlos Bassatt v. School District No. 1 in the City and County of Denver, Patrick Sanchez

In 2007, Carlos Bassatt was accused by a school district employee of
masturbating in the parking lot of West High School (“West”) in Denver during
school hours. Consequently, he was terminated from his student teaching
placement with School District No. 1 of the City and County of Denver
(“District”) for misconduct. Although the Denver District Attorney’s Office chose

More...   $0 (12-31-2014 - CO)

Thomas Burnside v. Jim Kaelin

This interlocutory appeal arises from the denial of qualified immunity at the motion-to-dismiss stage. Plaintiff Burnside, a deputy sheriff, filed this § 1983 action alleging that, because he did not support defendant-Sheriff Kaelin’s re-election bid, he was punitively transferred, and later fired, for exercising his First-Amendment rights to engage in free speech and association. Sheriff Kaeli

More...   $0 (12-09-2014 - TX)

Anthony Gibson v. Jeffrey Kilpatrick

The Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Lane v. Franks, 573 U.S. ---, 134 S. Ct. 2369 (2014). While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands

More...   $0 (12-11-2014 - MS)

Robin L. Walker v. Mod-U-Kraf Homes, LLC

Robin Lynn Walker appeals the district court’s grant of summary judgment to her former employer, Mod-U-Kraf Homes, LLC (“Mod-U-Kraf Homes”), on her claims of a sexually hostile work environment and retaliation. For the reasons set forth below, we vacate the judgment of the district court on the hostile work environment claim and remand for further proceedings as to it. We affirm the grant of

More...   $0 (12-23-2014 - VA)

United States of America v. Ronald D. Catrell

Defendant Ronald Catrell appeals his sentence, alleging: (1) a portion of the sentence illegally exceeded a statutory maximum, and (2) the Government vindictively insisted on a plea agreement recommending 132 months in prison. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. Although we find no prosecutorial vindictiveness here, we must reverse and remand in order for the distri

More...   $0 (12-22-2014 - KS)

Monique Hudson v. County of Los Angeles

A former deputy in the Sheriff’s Department of Los Angeles County, while on temporary disability leave resulting from knee injuries, was discharged from her employment on grounds later found by the county Civil Service Commission to be unjustified. During the long Civil Service Commission proceedings leading to its order restoring her employment, however, the county’s retirement authority gran

More...   $0 (12-14-2014 - CA)

Kim R. Brehm v. Department of Workforce Services and State of Utah

¶1 Kim R. Brehm petitions for judicial review of the Workforce
Appeals Board’s (the Board) decision to deny her claim for
unemployment benefits. We do not disturb the Board’s decision.
BACKGROUND
¶2 Petitioner was employed by the judicial branch of the State
of Utah (Employer) from July 3, 1995, through June 11, 2013. Prior
1. The Honorable Pamela T. Greenwood, Senior

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The People v. Gene Sanchez

This appeal follows a months-long trial of four defendants on 13 counts, including conspiracy to commit murder, murder, and attempted murder. All of the charges were based on a series of shootings that allegedly were carried out in retaliation for the killing of a member of the El Hoyo Palmas gang by a member of a rival Sureño gang. The defendants--Gene Sanchez, Orlando Rojas, Michael Espana, and

More...   $0 (12-11-2014 - CA)

Donnell N. Mitchell v. Tulsa Boys Home

COMES NOW Plaintiff, Donnell N. Mitchell, by and through his attorney of record, Terry A. Hall, and hereby files his Petition against the Defendant, Tulsa Boys’ Home. In support thereof; Plaintiff would respectfully allege as follows:
STATEMENT OF JURISDICTION AND VENUE
1. This action arises under 85 O.S. 341, and the common law of the State of Oklahoma.
2. Plaintiff is, and was at a

More...   $1 (11-18-2014 - OK)

Michael Drell v. Bob M. Cohen

Defendants Bob M. Cohen and Bob M. Cohen and Associates Law Corporation represented nonparty Paul Slack in a personal injury action on a contingent fee basis. They withdrew from the representation and plaintiff Michael Drell took over Mr. Slack’s case. Defendants asserted an attorney fee lien, informing one of the insurers in the personal injury case that any payment of funds to Mr. Slack was su

More...   $0 (12-05-2014 - cA)

United States of America v. Brian Gill, David Gill and Samuel McIntosh

Earlier today, following three weeks of trial, a federal jury in Brooklyn, New York, returned guilty verdicts against Brian Gill, David Gill and Samuel McIntosh for their participation in the drug-related murder of Michael Dawson on June 22, 1994. Brian Gill and David Gill were also convicted of a narcotics trafficking conspiracy between 2011 and 2013. The charges arose out of the defendants’ lo

More...   $0 (11-13-2014 - NY)

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