Retaliation Law
 
Rakiea McCaskill v. State of Indiana

Rakiea McCaskill (“McCaskill”) appeals her conviction for Class A misdemeanor intimidation.1

We reverse and remand with instructions.

ISSUE

Whether there was sufficient evidence to support McCaskill’s conviction for Class A misdemeanor intimidation beyond a reasonable doubt.

FACTS

McCaskill had a relationship with Tamika Matlock’s (“Matlock”) husband ... More...
   $0 (02-17-2014 - IN)

State of Utah v. Eric Millerberg

The State of Utah charged Eric Millerberg, age 38, with child abuse homicide, unlawful sexual contact with a minor, obstruction of justice and desecration of a dead body in the death of a teenage baby sitter (Alexis Rasmussen, age 16) who he gave a lethal dose of drugs during a night of drugs and sex that also included Defendant's wife in 2011. Defendant dumped the girl's body in the woods of nort... More...   $0 (02-14-2014 - UT)

Fernando Montes v. Mastec North America, Inc.

Fernando Montes and his wife appeal a final summary judgment against them in favor of Mastec North America, Inc. The circuit court lawsuit arose from

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personal injuries sustained by Mr. Montes, a condominium security guard, in 2008 when a ladder owned or used by Mastec allegedly fell on him, with resulting medical expenses exceeding $100,000. The final summary judgment was based on ... More...
   $0 (02-12-2014 - FL)

Randall Lykins v. Certainteed Corporation; Saint-Gobain Corporation

Plaintiff-Appellant Randall Lykins appeals the district court’s grant of summary judgment on his retaliatory discharge claim. Lykins v. CertainTeed Corp. (“Lykins I”), No. 11-2133, 2012 WL 5471254 (D. Kan. Nov. 9, 2012). He also appeals the district court’s reversal of the magistrate judge’s award of sanctions for discovery abuses by Defendants. Lykins v. CertainTeed, No. 2:11- cv-02133-... More...   $0 (02-12-2014 - KS)

Vicki Couch v. Patrick R. Donahoe

Plaintiff Vicki Couch appeals the district court=s grant of summary judgment to Patrick Donahoe, the U. S. Postmaster General, on her claims of employment discrimination based on gender and race, hostile work environment, and retaliation. We affirm.

Couch, an African-American female, is a permanent employee of the United States Postal Service (USPS), where she has worked since 1993. Over th... More...
   $0 (02-10-2014 - KY)

Ronald Ayers v. Board of Regents University of Texas System

Appellant Ronald Ayers filed this wrongful termination suit against his former employer—the University of Texas at San Antonio ("UTSA")—and various UTSA administrators. Following a series of pre-trial motions, the district court entered final judgment in favor of Appellees. Appellant challenges the dismissal of his First Amendment, substantive due process, and procedural due process claims. Fo... More...   $0 (02-10-2014 - TX)

Enio R. Rivera v. Rochester Genesee Regional Transportation Authority

24 Plaintiffs Enio Rivera and Michael Talton, employees of Lift Line, Inc., a
25 subsidiary of Rochester Genesee Regional Transportation Authority (“RGRTA”),
26 appeal from a judgment of the United States District Court for the Western
27 District of New York (Larimer, J.), granting the summary judgment motion of
28 RGRTA and dismissing the plaintiffs’ claims of discriminatio... More...
   $0 (02-10-2014 - NY)

State of Nebraska v. Juan E. Castaneda

Juan E. Castaneda was convicted of several charges arising from three shootings that occurred in Omaha, Nebraska, Nebraska Advance Sheets

STATE v. CASTANEDA 291

Cite as 287 Neb. 289

November 12, 2008. We affirm Castaneda’s convictions in all respects, but conclude that the sentences of life imprisonment without the possibility of parole imposed upon Castaneda were unconstitu... More...
   $0 (02-07-2014 - NE)

Kendale L. Adams v. City of Indianapolis

These related cases raise dozens of claims of illegal discrimination in the promotion process used by the Indianapolis Metropolitan Police Department and the Indianapolis Fire Department. The complaints are sprawling and the procedural history is a bit convoluted; we have simplified the presentation of the issues. A large group of black police officers and firefighters sued the City of Indianapoli... More...   $0 (02-04-2014 - IN)

Jaryl Ellis v. Robert Houston

Five African American officers who worked in the maximum security Nebraska State Penitentiary brought this action under 42 U.S.C. §§ 1981 and 1983 against five supervisors for race based harassment and retaliation. They seek both injunctive relief and monetary damages. The district court granted summary judgment to the defendants after examining the evidence "as if there were but a single plaint... More...   $0 (02-04-2014 - NE)

Nicole Ponte v. Steelcase, Inc.

Nicole Ponte appeals from the district court's grant of summary judgment in favor of her former employer, Steelcase Inc., on her claims under Title VII, 42 U.S.C. § 2000e et seq., and Mass. Gen. Laws ch. 151B that (1) she was subject to sexual harassment while employed there, and (2) she was terminated in retaliation for her reports of such harassment. We apply the but-for causation standard ann... More...   $0 (01-31-2014 - MA)

Carol Cheal v. El Camino Hospital

Plaintiff Carol Cheal brought this action for age discrimination against her former employer, defendant El Camino Hospital. Defendant successfully prevailed upon the trial court to grant summary judgment in its favor despite numerous materially disputed facts. As too often happens, the merits of the case were obscured to the point of invisibility in the deluge of statements, counter-statements and... More...   $0 (01-31-2014 - CA)

Vimala Agrawal v. Anthony Foxx

Vimala Agrawal is a long-time employee of the Federal Aviation
Administration (“FAA”) at the Mike Monroney Aeronautical Center in Oklahoma
City, Oklahoma. In 2007, she applied for seven different supervisory engineer
positions with the FAA, but was not selected for any of the positions. She
subsequently filed a complaint against the Department of Transportation alleging thatMore...
   $0 (01-30-2014 - OK)

David Pierce v. Cotuit Fire District

Plaintiff-appellant David Pierce, former Captain of the Cotuit, Massachusetts Fire Department, brought a complaint against the Department, the Fire Chief, and the Board of Fire Commissioners, alleging political discrimination in violation of the First Amendment and 42 U.S.C. § 1983, whistleblowing retaliation in violation of the Massachusetts Whistleblower Act, and tortious interference with cont... More...   $0 (01-28-2014 - MA)

In Re Jones v. Samora, Clerk & Treasurer of the Town of Center.

¶1 This case concerns a contested March 19, 2013, recall election in the Town ofCenter, Colorado. Herman D. Sisneros, Edward W. Garcia, and Geraldine Martinez were elected to replace three recalled municipal officers: Mayor Susan M. Banning, Trustee John Faron, and Trustee Maurice C. Jones, respectively. Following a recount, Maurice C. Jones and Citizen Center, a Colorado non-profit corporat... More...   $0 (01-27-2014 - CO)

Tigist Ryals v. American Airlines, Inc.

Tigist Ryals appeals the district court’s grant of summary judgment for American Airlines in her employment discrimination case. Finding that the district court correctly found that no genuine issue of material fact remained for trial and that judgment was proper as a matter of law, we affirm.

FACTS AND PROCEDURAL HISTORY

Tigist Ryals filed an action for employment discrimination, ... More...
   $0 (01-27-2014 - TX)

Jamilya Pina v. The Children's Place a/k/a The Children's Place Retail Stores, Inc. and Jean Raymond

Jamilya Pina ("Pina") appeals from the district court's grant of summary judgment in favor of her former employer, The Children's Place Retail Stores, Inc. ("TCP"), and TCP District Manager Jean Raymond ("Raymond"). Pursuing claims of employment discrimination and retaliation, Pina asserts that she was fired, harassed, and not rehired on the basis of race in violation of 42 U.S.C. § 1981 and Mas... More...   $0 (01-27-2014 - MA)

Double Knobs Mountain Ranch, Inc.

College of the Mainland appeals from an order denying its plea to the jurisdiction seeking dismissal of a retaliatory discharge suit filed under Chapter 554 of the Texas Government Code by former employee Douglas Meneke. We reverse the trial court’s order and render judgment that this suit must be dismissed because Meneke’s claim is barred by governmental immunity and the trial court therefore... More...   $0 (01-23-2014 - TX)

Texas Department of Public Safety v. Erika Denisse Gonzalez

The Texas Department of Public Safety (“DPS”) filed this restricted appeal, attacking the trial court’s entry of an expunction order in favor appellee Erika Denisse Gonzalez. DPS contends the face of the record shows the evidence was legally insufficient to support the expunction and the trial court did not comply with mandatory notice requirements. Because the face of the record reflects th... More...   $0 (01-22-2014 - TX)

Michael Thornbrough v. Western Pacer Unified School District

Michael Thornbrough appeals from a judgment denying his mandamus petition, which sought to overturn his dismissal as an Assistant Director of Maintenance for the Western Placer Unified School District (District). On appeal, Thornbrough raises a number of issues, including principally claims of notice violations at the underlying administrative hearing, bias by the hearing officer, and the improper... More...   $0 (01-22-2014 - CA)

Steven Smothers v. Solvay Chemicals, Inc.

Steven Smothers worked for Solvay Chemical, Inc. (“Solvay”) for 18 years until Solvay fired him, ostensibly because of a first-time safety violation and a dispute with a

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coworker. Mr. Smothers contends the company’s true motivations were retaliation for taking medical leave from work, in violation of the Family Medical Leave Act (“FMLA”), and discrimination on the basis... More...
   $0 (01-21-2014 - WY)

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... More...
   $0 (01-16-2014 - UT)

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 trial counsel failed to i... More...
   $0 (01-16-2014 - UT)

April Dupree Adeshile v. Metropolitan Transit Authority of Harris County

Appellant, April Dupree Adeshile, sued the Metropolitan Transit Authority of Harris County, Texas (―METRO‖) for retaliation under the Texas Commission on Human Rights Act (TCHRA).1 On appeal, Adeshile argues that the trial court erred when it granted a directed verdict in favor of METRO. We affirm.

1 See Tex. Lab. Code Ann. ch. 21 (West 2006 & Supp. 2013).

2

FACTS AND PROC... More...
   $0 (01-16-2014 - OK)

Sagebrush Resources, LLC v. Daryl Peterson

[¶1] Sagebrush Resources, LLC, appeals from a summary judgment dismissing with prejudice its action for trespass and for injunctive relief against Daryl, Larry, and Galen Peterson, determining the action was frivolous and not made in good faith, and awarding the Petersons $23,729 in attorney fees. Sagebrush argues the district court abused its discretion in deciding Sagebrush's claims were frivol... More...   $0 (01-14-2014 - ND)

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