Retaliation Law
 
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
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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

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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
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College’s favor, and Brewer challenges that ruling on appeal. We affirm.
Background
The summary-judgment evidence showed many of the undisputed relevant b

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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
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violated his constitutional rights of equal protection, free speech, and due course of law. The trial court granted Appellees’ plea to the jurisdiction, and

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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

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State of Utah v. Dennis Lingmann

¶1 Defendant Dennis Lingmann was arrested in 2008 for multiple sex offenses involving a minor. While awaiting trial in the Salt Lake County Jail, he offered his cellmate (Cellmate) $2,000 to kill the minor and her family. Cellmate contacted
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Sta

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State of Utah v. Michael W. Thompson

¶1 Michael W. Thompson appeals from his conviction on two
counts of forcible sodomy, both first degree felonies. See Utah Code
Ann. § 76‐5‐403(1) to ‐403(3) (LexisNexis 2003) (current version at
Utah Code Ann. § 76‐5‐403 (LexisNexis Supp. 2013)). Among other
things, he claims that he received ineffective assistance of counsel.
Specifically, Thompson asserts that tr

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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

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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

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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

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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 (“

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Sakari Jarvela v. Crete Carrier Corporation

Many Americans suffer from alcoholism. Sakera Jarvela, a commercial truck driver, is one of those individuals. Department of Transportation (DOT) regulations prohibit anyone with a “current clinical diagnosis of alcoholism” from driving commercial trucks. Jarvela’s employer, Crete Carrier Corporation, contends that it maintains a company policy that prohibits it from employing anyone who has

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Michael P. Brannon, Psy.D. v. Howard Finkelstein

Plaintiff Michael P. Brannon filed suit in the district court alleging that defendant Howard Finkelstein reduced and ultimately terminated Brannon’s consulting work as a forensic psychologist for the Broward County Public Defender’s office in retaliation for Brannon’s constitutionally protected testimony about a Florida state court judge. The United States District Court for the Southern Dis

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Wanda Rogers v. Bromac Title Services, L.L.C., et

Wanda Rogers appeals the district court’s grant of summary judgment in favor of her former employer, Bromac Title Services, and its owner, Title Resource Group, LLC (collectively, “Bromac” or “appellees”), dismissing her claims under the Jury System Improvement Act (“JSIA”), 28 U.S.C. § 1875. For the following reasons, we AFFIRM.

FACTS AND PROCEEDINGS

From April 29, 20

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Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for

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Esther Kim v. Konad USA Distribution, Inc.

Following a bench trial, the court awarded plaintiff Esther Kim $60,000 against her former employer, defendant Konad USA Distribution, Inc. (Konad), and her former boss, defendant Dong Whang. Defendants appeal, citing the alleged failure of plaintiff to meet certain “jurisdictional” prerequisites (e.g., exhaustion of administrative remedies, proving Konad had five employees) in her sexual hara

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AK Morlan
Kent Morlan, Esq.
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