Retaliation Law
 
Sakwe Balintulo v. Daimler, A.G.

The question presented is whether to issue a writ of mandamus to resolve in favor of the defendants this long-lived litigation under the Alien Tort Statute (“ATS”)—a statute, passed in 1789, that was rediscovered and revitalized by the courts in recent decades to permit aliens to sue for alleged serious violations of human rights occurring abroad. The statute was first deployed in 1980 again... More...   $0 (08-21-2013 - NY)

David Hendleman v. Los Altos Apartments, L.P.

Named plaintiffs David Hendleman and Anne Aaronson appeal from the order of the trial court denying their motion for certification of a class of tenants at the Los Altos Apartments in the context of their lawsuit against the landlord. Plaintiffs brought this action alleging the landlord failed to repair and maintain the property in a safe and habitable condition over a period of 10 months, unlawfu... More...   $0 (08-20-2013 - CA)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<... More...
   $0 (08-12-2013 - MA)

Jeff Edward Woods v. The City of Norman

Jeff Edward Woods sued The City of Norman on a wrongful termination theory claiming:

1. At all relevant times herein, Plaintiff was and now is a resident of the City of Norman, Cleveland County, State of Oklahoma.

2. At all relevant times herein, Defendant The City of Norman was and now is a municipal corporation located in Cleveland County, State of Oklahoma. Jurisdiction and Ve... More...
   $0 (08-02-2013 - OK)

Phyllis Bradbury v. City of Eastport

[¶1] Phyllis Bradbury and David Gholson (collectively, plaintiffs) appeal from an order of the Superior Court (Washington County, R. Murray, J.) denying their special motion to dismiss the counterclaims of First Perry Realty, LLC, CPM Constructors, and the City of Eastport (collectively, defendants) pursuant to Maine’s anti-SLAPP statute, 14 M.R.S. § 556 (2012).1 This appeal gives us the oppor... More...   $0 (08-01-2013 - ME)

Kim Burt v. Andrews County Hospital District d/b/a Permian Regional Medical Center

After filing a worker’s compensation claim, Appellant Kim Burt filed suit against her former employer, Andrews County Hospital District doing business as Permian Regional Medical Center (the Hospital), Appellee, alleging retaliatory discharge under Chapter 451 of the Texas Labor Code and intentional infliction of emotional distress. Burt now appeals the trial court’s summary judgment in favor ... More...   $0 (07-24-2013 - TX)

Victor H. Tamayo v. Sheriff Omar Lucio

A trial court dismissed appellant Victor Tamayo’s case by granting a plea to the jurisdiction filed by the appellee, Cameron County Sheriff Omar Lucio in his official capacity. In two issues, Tamayo argues that: (1) governmental immunity did not bar

2

his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t... More...
   $0 (07-19-2013 - TX)

Gladys Hernandez v. Select Medical Corporation and Select Specialty Hospital-Midland, Inc.

Gladys Hernandez appeals the trial court’s no-evidence summary judgment in favor of Select Medical Corporation and Select Specialty Hospital-Midland, Inc. In her sole appellate issue, Hernandez contends that the summary judgment evidence raised genuine issues of material fact on her retaliatory discharge claim

2

under Section 161.134 of the Texas Health and Safety Code1 and that, t... More...
   $0 (07-18-2013 - TX)

Keith Pearson v. Massachusetts Bay Transportation Authority

Keith Pearson appeals the district court’s summary judgment for his employer, the Massachusetts Bay Transportation Authority (MBTA), on Pearson’s claims of employment discrimination and retaliation. We affirm.

I

A

The MBTA operates the Boston subway and bus system, and employs Pearson, who was hired in 1990 as a “maintainer” and promoted in 1994 to his c... More...
   $0 (07-15-2013 - MA)

Keith Pearson v. Massachusetts Bay Transportation Authority

Keith Pearson appeals the district court’s summary judgment for his employer, the Massachusetts Bay Transportation Authority (MBTA), on Pearson’s claims of employment discrimination and retaliation. We affirm.

I

A

The MBTA operates the Boston subway and bus system, and employs Pearson, who was hired in 1990 as a “maintainer” and promoted in 1994 to his current... More...
   $0 (07-15-2013 - MA)

Thomas Trent Pettigrew v. State of Oklahoma

This appeal presents only one issue for consideration: whether a settlement agreement between Thomas Trent Pettigrew and the Oklahoma Department of Public Safety (DPS) waived the state’s “Eleventh Amendment” right not to be sued in federal court. Although the language of the agreement is not explicit, the agreement’s reference to bringing suit in federal court has no reasonable constructio... More...   $0 (07-15-2013 - OK)

Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

2

(“SVI”). As ... More...
   $0 (07-12-2013 - TX)

D&M Marine, Inc. d/b/a Phipps & Company Homes v. J. Neal Turner and Kerie B. Turner

J. Neal Turner and Kerie B. Turner sued D&M Marine, Inc. d/b/a Phipps & Company Homes and others over damage in the construction of their home. The jury found in favor of the Turners and against D&M Marine on the Turners’ claims of negligence, deceptive trade practices, breach of warranty, and attorneys’ fees. The trial court awarded engineering and consulting fees after a post-trial hearing, ... More...   $0 (07-11-2013 - TX)

Audrey Striplin v. University of Tulsa

Audrey Striplin sued University of Tulsa on a wrongful termination theory claiming:

1. That Plaintiff is an individual and former employee of Defendant who began employment with Defendant in August, 2010.

2. That TU is Domestic Not-for-Profit Corporation in the State of Oklahoma, located in Tulsa County, Oklahoma, where the Plaintiff was employed.

3. That in August, 2011, Plai... More...
   $1 (07-06-2013 - OK)

James Ronald Smith v. Sheridan Trucking Company

James Ronald Smith sued Sheridan Trucking Company on a wrongful termination theory claiming:

I

Plaintiff, James Ronald Smith, is a resident of Tulsa County, Oklahoma.

II

Sheridan Trucking Company is a domestic business corporation organized and
existing under laws of the State of Oklahoma licensed to do business throughout the
State

II

... More...
   $1 (07-05-2013 - OK)

Jorge Granados v. Doña Ana County

Jorge Granados, the former County Public Works Director, sued Dona Ana County for creating a hostile work environment and then retaliated against him for complaining. Plaintiff claimed that the County had a pattern of retaliation against employees.

The County claimed that Granados was fired for poor performance and not in retaliation for complaining.

... More...
   $250000 (07-04-2013 - )

Michael Gwynn v. City of Philadelphia

City of Philadelphia Police Officers Michael Gwynn and Brendon Ryan appeal a summary judgment entered in favor of several of their fellow officers and the City. Appellants asserted constitutional claims under 42 U.S.C. § 1983, statutory claims under the Fair Labor Standards Act, and various state law claims. For the reasons that follow, we will affirm the judgment of the District Court.

... More...
   $0 (06-25-2013 - PA)

Maetta Vance v. Ball State University

In this case, we decide a question left open in Burlington Industries, Inc. v. Ellerth, 524 U. S. 742 (1998), and Faragher v. Boca Raton, 524 U. S. 775 (1998), namely, who qualifies as a “supervisor” in a case in which an employee asserts a Title VII claim for workplace harassment?

Under Title VII, an employer’s liability for such harassment may depend on the status of the harasser. ... More...   $0 (06-24-2013 - DC)

State of Texas v. Manuel Nelson Flores-Carrasco

The State of Texas charged Manuel Nelson Flores-Carrasco, age 25, with capital murder, threatening Gomez and two counts of aggravated assault in connection with the stabbing deahto of his girlfriend, Norma Gomez, age 39, in 2012. An examination of the worman's body revealed that she was stabbed 11 times with a large knife.

Defendant claimed that he had a right to enter the house because it ... More...
   $0 (06-21-2013 - TX)

Michael Gwynn v. City of Philadelphia

City of Philadelphia Police Officers Michael Gwynn and Brendon Ryan appeal a summary judgment entered in favor of several of their fellow officers and the City. Appellants asserted constitutional claims under 42 U.S.C. § 1983, statutory claims under the Fair Labor Standards Act, and various state law claims. For the reasons that follow, we will affirm the judgment of the District Court.

... More...
   $0 (06-20-2013 - PA)

James Cameron Peery v. Guaranteed Auto Finance, Inc. d/b/a Automaster

James Cameron Peery sued Guaranteed Auto Finance, Inc. d/b/a Automaster, Interstate Auto Group, Inc. d/b/a Car Hop, and First Cash Financial Services, Inc. on wrongful termination theories claiming:

1. The Plaintiff is Cameron Peery, an adult residing in Pottawatomie County, Oklahoma.

2. Th Defendant is Tulsa Auto Master (hereinafter “Auto Master”), a corporation or entity doing ... More...
   $0 (06-18-2013 - OK)

Stella Hall v. The Ohio Bell Telephone Company

Stella Hall appeals a district court’s grant of summary judgment in favor of her former
employer, The Ohio Bell Telephone Company. Hall alleges that she was terminated from Ohio Bell
in retaliation for taking medical leave under the Family Medical Leave Act. For the following
reasons, we affirm the district court.
I. BACKGROUND
From 2001 to 2010, Hall worked for Ohio Bell as ... More...
   $0 (06-17-2013 - OH)

Robert Paden v. Texas County Board of County Commissioners

Robert Paden sued the Texas County Board of County Commissioners and Ted Keeling on a civil rights violation theory under 42 U.S.C. 1983 claiming to have been injured or damaged as a direct result of having his civil rights violated by the County or one of its employees involving his free speech rights relating to a matter of public concern.

Plaintiff Robert Paden brought this 42 U.S.C. ... More...
   $0 (06-15-2013 - OK)

State of Iowa v. Keith Allen Gogel

Keith Gogel appeals from his convictions for possession of methamphetamine and unlawful possession of prescription drugs, arguing the contraband found in his car after a search during a traffic stop should have been suppressed. We agree and, therefore, reverse the judgment of the district court and remand the case to the district court for further proceedings.

I. Background Facts and Procee... More...
   $0 (06-12-2013 - IA)

J. M. and A. G. v. Texas Department of Family and Protective Services

Our opinion and judgment dated April 19, 2013, are withdrawn, and this opinion is substituted in their place.

In June 2011, the Texas Department of Family and Protective Services filed a petition seeking custody of father J.M. and mother A.G.’s children, T.M. and A.M., based on allegations that the children were being neglected and that T.M. was being abused. The Department also sought ... More...
   $0 (06-11-2013 - TX)

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