Richard Bensinger produced and screened a film about Spacecon Specialty Contractors, LLC. Claiming the film conveyed several defamatory statements, Spacecon filed suit against Bensinger in the United States District Court for the District of Colorado, based on diversity jurisdiction, asserting a state-law claim for defamation per se. The district court granted Bensinger’s motion for summary judg... More...   $0 (04-16-2013 - CO)

Plaintiffs Charles and Daniela Freeman appeal the dismissal of their section 1983 suit against the Town of Hudson, Massachusetts, one of its agencies, and several state and local officials. The events giving rise to this suit grew out of an allegation that the Freemans had breached a conservation restriction appurtenant to their Hudson home. Like the magistrate judge and district judge, we conclu... More...   $0 (04-15-2013 - MA)

Plaintiff-appellant Gladys Sotomayor appeals from the district court's judgment dismissing her claims of employment discrimination and retaliation under federal, state, and New York City law. We hold that the district court properly granted summary judgment dismissing her claims. Accordingly, we affirm.

BACKGROUND

Sotomayor, a schoolteacher, is a fifty-six year old woman of Hispanic ... More...   $0 (04-12-2013 - NY)

This is an appeal from a final take-nothing summary judgment in appellant’s suit seeking judicial review of an administrative workers’ compensation decision. We affirm.

Appellant alleges that he sustained a broken tooth and broken jaw bone in the course and scope of his employment on February 15, 2009. Appellee was the workers’ compensation carrier for appellant’s employer, Geo, Gr... More...   $0 (04-11-2013 - TX)

The jury returned a verdict in favor of Sarah Badahman and against Catering St. Louis and its president, Mark Erker (collectively "CSL"), in the amount of $11,250 for compensatory damages and $2,000 for punitive damages. Badahman filed a motion for additur or, in the alternative, a new trial pursuant to § 537.068,1 Rule 78.01, and Rule 78.02. The circuit court sustained Badahman's motion and gave... More...   $0 (04-09-2013 - MO)

Nancie J. Cloe started working for the City of Indianapolis in April 2007. In March 2008, she was tragically diagnosed with multiple sclerosis (“MS”), a chronic, incurable neurological disorder that rendered her disabled and significantly impaired her day-to-day life. On June 29, 2009, the City terminated her, ostensibly for poor performance. Cloe sued under the Americans with Disabilities Act... More...   $0 (04-09-2013 - IN)

Jennifer Westendorf brought a Title VII action against her former employer, West Coast Contractors, claiming sexual harassment and retaliatory discharge. The district court granted summary judgment to West Coast, and Ms. Westendorf appeals. We affirm the judgment on the harassment claim, and reverse and remand the retaliation claim for further proceedings.

I.

We view the evidence and... More...   $0 (04-05-2013 - NV)

Thomas Gianfrancesco, the former proprietor of a now-defunct bar and restaurant in Wrentham, Massachusetts, sued the Town of Wrentham and a number of town officials, claiming federal civil rights violations and unfair trade practices. Footnote He alleges that the defendants maliciously imposed excessive regulatory requirements on his restaurant in retaliation for his opposition to certain town po... More...   $0 (04-05-2013 - MA)

Howard Henderson sued the New York Police Department, Commissioner Raymond Kelly and others on civil rights and retaliation claim theories claiming that he was retaliated against by the City of New York when he refused to comply with an order to participate in alcohol rehab.... More...   $0 (04-05-2013 - ny)

Appellant Felix Moya challenges his conviction for continuous sexual assault of a child younger than fourteen, a first-degree felony. See TEX. PENAL CODE ANN. § 21.02

_______________________________________
1 Because this is a memorandum opinion and the parties are familiar with the facts, we will not recite them here except as necessary to advise the parties of the Court's decision... More...   $0 (04-04-2013 - TX)

Willie Hurst, Appellant, appeals his capital murder conviction, for which he received a life sentence. In two issues, he complains that the trial court abused its discretion when it admitted an investigator’s lay opinion of Appellant’s involvement in the murder and when it

2

admitted evidence of weapons and ammunition that police discovered during valid searches of Appellant’s ... More...   $0 (04-04-2013 - TX)

11 Plaintiffs Kent Singer, Thomas Nollner, and Jonathan
12 Decker appeal from a judgment of the United States District Court
13 for the Northern District of New York (David N. Hurd, Judge)
14 granting summary judgment to the defendants on the plaintiffs'
15 First Amendment retaliation claims brought pursuant to 42 U.S.C.
16 § 1983. The plaintiffs allege that the defendants, wh... More...   $0 (04-02-2013 - )

We are once again asked to consider a case in which prison guards were investigated and reassigned after a major jailbreak occurred on their watch. We previously outlined the peculiar facts of this case in detail, Hernandez v. Cook County Sheriff’s Office, 634 F.3d 906, 909-11 (7th Cir. 2011), so a brief recitation is all that is required here.

2 No. 12-1941

Plaintiffs, Ivan He... More...   $0 (04-01-2013 - IL)

A.C., a minor with Type 1 diabetes, her mother, J.C., and her father, B.C., are the Plaintiffs-Appellants in this case. A.C. attended Bon Lin Elementary School, a school governed by Defendant-Appellee Shelby

1

No. 11-6506 A.C., et al. v. Shelby Cnty. Bd. Of Educ. Page 2

County Board of Education (“SCBE”). After three years of wrangling between Bon Lin officials and P... More...   $0 (04-01-2013 - TN)

In August 2000, an Oklahoma state court jury convicted Clayton Lockett of 19 counts, including burglary, assault, rape, and first degree murder. He was sentenced to 2,285 years and 90 days of imprisonment for his non-capital crimes and sentenced to death for his murder conviction. The Oklahoma Court of Criminal Appeals (“OCCA”) affirmed Mr. Lockett’s convictions and sentence and later denied... More...   $0 (04-01-2013 - OK)

[¶1] Claire Trott appeals from the Superior Court’s (York County, Fritzsche, J.) grant of a summary judgment in favor of her former employer, H.D. Goodall Hospital, on Trott’s claim that the Hospital violated section 833(1)(C) of Maine’s Whistleblowers’ Protection Act (WPA), 26 M.R.S. §§ 831-840 (2012), when it discharged her for participating in a deposition in connection with a wrongf... More...   $0 (03-31-2013 - ME)

Defendants, Bingham McCutchen LLP, Seth Gerber and Jonathan Loeb, appeal from an order denying their petition to compel plaintiff, Hartwell Harris, to arbitrate her California employment discrimination and wrongful termination claims. We affirm because the trial court did not err in concluding the arbitration provision was unenforceable under Massachusetts law, which the parties agreed applied to ... More...   $0 (03-29-2013 - CA)

A jury convicted defendants Valentin Navarro Rivas and Benjamin Puga Carrillo of the first degree murder of James Lopez and of firing a gun into an occupied vehicle. It also found true sentence enhancement allegations that Rivas used a gun and that both defendants committed the murder to benefit a criminal street gang. And it found that defendants were principals, either as the perpetrator or an a... More...   $0 (03-29-2013 - CA)

Marlenis Smart sued City of Miami Beach, Florida on a hostile work environment theory under 42 U.S.C. 2000 (Title VII of the Civil Rights Act of 1964) claiming that she was sexually harassed at work as a fire fighter.

Defendant denied wrongdoing.

The EEOC has published the following guidelines for employers relating to sexual harassment:

1. SUBJECT: Policy Guidance on ... More...   $0 (03-29-2013 - FL)

Bruton Stephens sued the City of Dallas on a retaliation and wrongful termination theory claiming that he was fired in 2009 after he accused a colleague of theft. Plaintiff, once a senior electronic technician in the Dallas Department of Public Works and Transportation made a series of grievances that city officials eventually decided were unsubstantiated. He claimed that thereafter he lost his su... More...   $0 (03-29-2013 - TX)

Plaintiff and appellant Kenneth Hatai (Hatai) appeals a judgment following jury verdicts in favor of his employer, defendant and respondent People of the State of California, acting by and through the Department of Transportation (Caltrans), and his supervisor, defendant and respondent Sameer Haddadeen (Haddadeen).

In this employment discrimination case, Hatai alleged he was discriminated a... More...   $0 (03-28-2013 - CA)

Michael Love sued his former employer, The Geo Group, Inc., claiming he was unlawfully terminated for filing a worker’s compensation claim. The trial court granted Geo Group’s motion for no-evidence and traditional summary judgment, and dismissed Love’s suit. On appeal, Love argues the trial court erred in granting summary judgment against him. We conclude Love produced no evidence on an ess... More...   $0 (03-28-2013 - TX)

Appellants, E-Quest Management, LLC (“E-Quest”) and Odyssey OneSource, Inc. (“Odyssey”), challenge the trial court’s judgment, entered after a trial to the court, in favor of appellee, Robbie Shaw, in Shaw’s suit against them

2

for successor liability. In five issues, E-Quest and Odyssey contend that they have been “prevented from proper presentment” of this appeal du... More...   $0 (03-28-2013 - TX)

This appeal arises from a workplace discrimination suit filed by Plaintiff-Appellee Kamal Aly ("Aly" or "Appellee") against Defendant-Appellant Mohegan Council, Boy Scouts of America ("Mohegan Council" or "Appellant"), in which Appellee alleged that he was denied career advancement opportunities on account of his religion (Islam) and national origin (Egyptian-American). Following trial, the jury ... More...   $0 (03-25-2013 - MA)

Billy Wadsworth sued Wedge Measurement Systems, Inc. on wrongful termination and retaliation theories claiming:

1. That Defendant is a foreign limited liability company, as registered with the
Okiahoma Secretary of State’s office, and located in Tulsa County, Oklahoma.

2. That Plaintiff is an individual and former employee of Defendant and was employed with Defendant the la... More...   $1 (03-23-2013 - OK)