¶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)

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)

[¶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)

A jury voted nine to three to award $238,328 to plaintiff Romeo Mendoza, who claimed he was fired in retaliation for reporting allegations of sexual harassment.

The court instructed the jury with the 2012 version of CACI No. 2430 and a special verdict form consistent therewith. Case law issued subsequent to the judgment leads us to conclude the court committed prejudicial error in doing so.... More...   $0 (01-14-2014 - CA)

Robert Deleon (“Deleonâ€�) appeals the dismissal of certain of his claims from the district court’s grant of summary judgment in Defendants’ favor. The district court granted Defendants’ motion on the basis that Deleon did not suffer an “adverse employment action.â€� Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise to sus... More...   $0 (01-14-2014 - MI)

In this first impression case, we hold that a defective special verdict form is subject to harmless error analysis.

Max Taylor, respondent, filed an action alleging hostile work environment sexual harassment against his former employer, Nabors Drilling USA, L.P., appellant. The action was brought pursuant to the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.... More...   $0 (01-13-2014 - CA)

This is an interlocutory appeal pursuant to section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (West Supp. 2013). Appellant Dallas County asserts a single issue challenging the trial court’s denial of its plea to the jurisdiction in a suit brought by appellee Roy Logan under the Texas Whistleblower Act. See TEX. GOV’T CODE A... More...   $0 (01-09-2014 - TX)

Silver Oaks Apartments, Ltd. sued a former tenant, Enjoli Wynn, for unpaid rent and attorney’s fees. The trial court held a bench trial, and rendered judgment against Wynn for $3,185.00 in unpaid rent and $750.00 in attorney’s fees. No findings of fact were requested. On appeal, Wynn argues the trial court erred in calculating the amount of unpaid rent. Wynn further argues the trial court erre... More...   $0 (01-08-2014 - TX)

In this disability discrimination case, Laverne Johnson appeals the district court’s grant of summary judgment in favor of Defendant-Appellee.1 We AFFIRM.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1 There is some dispute as to whether... More...   $0 (01-06-2014 - MS)

Plaintiff Scott Matusick, who is white, was employed by the Erie
County Water Authority (ʺECWAʺ) during 2004 when, he claims, he was
assaulted, harassed, and ultimately terminated from his employment because of
a romantic relationship he had with an African�American woman, Anita Starks ��
now Anita Starks�Matusick. Starks and Matusick met in 2003 but, according to
her... More...   $0 (01-06-2014 - NY)

In the final days of his employment at K-Five Construction, Diego Gaines questioned the roadworthiness of two different trucks that he was assigned to drive. Management took steps to address Gaines’s concerns,

* Of the Central District of Illinois, sitting by designation.

2 No. 12-2249

but the trucks never reached the level of safety sought by Gaines. On his last Friday, he ... More...   $0 (01-03-2014 - IL)

Respondent Hannon Security Services (“Hannonâ€�) terminated appellant Jane Kay Dukowitz from her position as a security officer. In this appeal, Dukowitz presents two legal questions for our consideration. The first question is whether the public-policy exception to the employment-at-will rule applies to a termination resulting from an employee’s application for unemployment benefits. The seco... More...   $0 (01-02-2014 - MN)

Appellant/Respondent Rhonda Gabriel ("Gabriel") brought claims of unlawful employment actions against her former employer, Respondent/Cross-Appellant Saint Joseph License, LLC ("Saint Joseph License"), as well as against alleged managers and/or owners Respondents/Cross-Appellants James Montee ("Montee"), Sandy Gutshall ("Gutshall"), and Ryan Williams ("Williams"). Ultimately, only one claim agains... More...   $0 (12-31-2013 - MO)

Appellant Jorge L. Vasquez contends the trial court abused its discretion in sustaining respondent Franklin Management Real Estate Fund, Inc.’s demurrers to appellant’s claims for constructive discharge in violation of public policy and intentional infliction of emotional distress. The trial court found appellant’s allegation that respondent violated the Labor Code by assigning appellant tas... More...   $0 (12-31-2013 - CA)

Paul Tate sued Airflo Cooling Technologies, LLC on a wrongful termination theory claiming:

I

Plaintiff, Paul Tate, is a resident of Tulsa County, Oklahoma.

II

Airflo Cooling Technologies, LLC, is a domestic limited liability company organized and existing under laws of the State of Oklahoma licensed to do business throughout the State.

III

For some time pr... More...   $0 (12-27-2013 - OK)

Anil Vazirani is an independent insurance agent, also known as a producer, who contracts with insurance companies to sell life-insurance and annuity products. He owns and manages Vazirani & Associates Financial, LLC and Secured Financial Solutions, LLC. We will refer to both him and his businesses as Vazirani. Vazirani contracted with Aviva Life and Annuity Company, a provider of life-insurance an... More...   $0 (12-20-2013 - KS)

Appellants Ramiro Castillo, Rogelio Garza Jr., Stephanie V. Gonzalez, Brenda Saenz, Lynda Valdez, Cleofe Vasquez, and Juan M. Vela challenge the trial court's granting of appellee Brownsville-Valley Regional Medical Center's (the Hospital) plea to the jurisdiction on appellants' claims under the Texas Occupations Code, Texas Health and Safety Code, and Texas Administrative Code. By one issue, appe... More...   $0 (12-19-2013 - TX)

Jose Luis Pena appeals from a summary judgment granted in favor of his former employer, Starr County, on Pena’s claims for retaliatory discharge, discrimination, and violation of the Family Medical Leave Act. We affirm in part, and reverse and remand in part.

BACKGROUND

Pena was hired as an animal control officer by Starr County on September 20, 2000. On September 12, 2005, Pena wa... More...   $0 (12-18-2013 - TX)

Richard A. Burton sued his former employer, Arkansas Secretary of State Mark Martin ("Secretary of State"), in his official capacity, and the Chief of the Arkansas State Capitol Police, Darrell Hedden, in his individual and official capacity, (collectively, "state defendants") for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, e... More...   $0 (12-17-2013 - AR)

20 The plaintiff, Zann Kwan, is a former employee of The
21 Andalex Group LLC (“Andalex�). She appeals from a judgment of
22 the United States District Court for the Southern District of
23 New York dismissing her complaint. The District Court
24 (Forrest, J.), granted summary judgment dismissing the
25 plaintiff’s claims of discrimination, retaliation, and hostile
26... More...   $0 (12-16-2013 - NY)

James Reynolds was 62 years old when his employer, the U.S. General Services Administration (“GSAâ€�), passed him over for a promotion in favor of a 32-year-old employee. Reynolds sued the GSA Administrator alleging that the agency discriminated against him on the basis of age in violation of the “federal sectorâ€� provision of the Age Discrimination in Employment Act (“ADEAâ€�), 29 U.S.C. Â... More...   $0 (12-12-2013 - IL)

This dispute arises out of the termination of Appellant, Jimmy Parker (“Parkerâ€�), from his employment with Appellee, Cooper Tire and Rubber Company (“Cooper Tireâ€�), a North American tire manufacturer. Parker was employed with Cooper Tire at its plant in Tupelo, Mississippi, for approximately ten years prior to his termination. In November 2007, Parker was hospitalized with flu-like symptom... More...   $0 (12-12-2013 - MS)

Appellee Flight Services fired Appellant Joseph Travers as he pursued a lawsuit against the company under the Fair Labor Standards Act ("FLSA"). Flight Services says it terminated Travers for violating company policy. Travers says he was fired in retaliation for his FLSA lawsuit. Because a reasonable jury could return a verdict for Travers without relying on improbable inferences or unsupported s... More...   $0 (12-12-2013 - MA)

Kyle Hunter filed a discrimination complaint alleging that CBS Broadcasting refused to hire him as a weather news anchor because of his gender and age. CBS filed a motion to strike the complaint pursuant to Code of Civil Procedure section 425.16 arguing that its selection of a newscaster qualified as an act in furtherance of its free speech rights. The trial court denied the motion, concluding tha... More...   $0 (12-11-2013 - CA)

Chad Croom sued Hudsburg, Inc. on a wrongful termination theory claiming:

1. This action seeks declaratory, injunctive and equitable relief, actual, compensatory and punitive damages, and costs and attorneys’ fees for the tortious acts and discrimination suffered by Plaintiff in his employment with Defendant Hudiburg, Inc.

PARTIES

2. The Plaintiff is, and at all times ... More...   $0 (12-10-2013 - OK)