| Abidan Muhammad v. Wal-Mart Stores East, L.P. |
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Christina Agola is an attorney practicing primarily employment law in the Western District of New York. She has a long disciplinary history in the courts of this Circuit. See, e.g., In re Agola, 484 F. Appʹx 594 (2d Cir. 2012) (summary order) (failing to comply with scheduling orders); Rankin v. City of Niagara Falls, No. 09†cvâ€974â€A, 2013 WL 1501682 (W.D.N.Y. Apr. 11, 2013) $0 (10-09-2013 - NY) |
| Raymond C. McArdle v. Town of Dracut |
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Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of Mc $0 (10-09-2013 - MA) |
| Equal Employment Opportunity Commission v. BOH Brothers Construction Company, L.L.C. |
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This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothersâ€). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOCâ€) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, t $0 (09-27-2013 - TX) |
| Jacquelyn Allen v. Dish Network, LLC |
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PARTIES, JURISDICTION AND VENUE |
| United States of America v. Michael Sherman Tolliver |
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Following a jury trial, Defendant was convicted of two counts of using fire to commit a felony, in violation of 18 U.S.C. § 844(h)(1), and two counts of arson, in violation of 18 U.S.C. § 844(i). He was sentenced to 430 months' imprisonment. Defendant now appeals his conviction and sentence. |
| Jessica Cuellar v. Perma-Temp Prsnl Services, Inc. |
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Jessica Cuellar alleges that her secondary employer, Keppel Amfels, L.L.C. (“Keppel Amfelsâ€), violated § 2615(a)(1) of the Family Medical Leave Act (“FMLAâ€) by discouraging her primary employer, staffing agency Perma-Temp Personnel Services, Inc. (“Perma-Tempâ€), from seeking her reinstatement after an FMLA-authorized maternity leave. The district court grante $0 (09-10-2013 - TX) |
| Daivd K. Demers v. Erica Austin |
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David Demers is a tenured associate professor at Washington State University. He brought suit alleging that university administrators retaliated against him in violation of the First Amendment for distributing a short pamphlet and drafts from an in-progress book. The district court granted summary judgment for the defendants, finding that the pamphlet and draft were distributed pursuant to Demers $0 (09-04-2013 - WA) |
| The People v. Paul Roger Moore |
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The People of the State of California charged Paul Roger Moore, age 49, with first-degree murder of Robert Ayala, age 43, on July 16, 2011. Ayala was the foreman of the Moore Brothers rice farming operation in Colusa County, California. He was killed by bomb planted when he turned on an irrigation pump. |
| Barry A. Hazle, Jr. v. Mitch Crofoot |
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In 2007, citing “uncommonly well-settled case law,†we held that the First Amendment is violated when the state coerces an individual to attend a religion-based drug or alcohol treatment program. Inouye v. Kemna, 504 F.3d 705, 712, 716 (9th Cir. 2007). Plaintiff Barry Hazle is an atheist who, over his numerous objections, was forced as a condition of parole to participate in a resident $0 (08-23-2013 - CA) |
| Sakwe Balintulo v. Daimler, A.G. |
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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 (“ATSâ€)—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 $0 (08-21-2013 - NY) |
| David Hendleman v. Los Altos Apartments, L.P. |
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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 $0 (08-20-2013 - CA) |
| Janat Nansamba v. North Shore Medical Center, Inc. |
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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. |
| Kim Burt v. Andrews County Hospital District d/b/a Permian Regional Medical Center |
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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 $0 (07-24-2013 - TX) |
| Jeff Edward Woods v. The City of Norman |
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Jeff Edward Woods sued The City of Norman on a wrongful termination theory claiming: |
| Victor H. Tamayo v. Sheriff Omar Lucio |
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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 |
| Gladys Hernandez v. Select Medical Corporation and Select Specialty Hospital-Midland, Inc. |
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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 |
| Keith Pearson v. Massachusetts Bay Transportation Authority |
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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. |
| Christine E. Reule v. Colony Insurance Company |
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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. |
| Keith Pearson v. Massachusetts Bay Transportation Authority |
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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. |
| Thomas Trent Pettigrew v. State of Oklahoma |
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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 reas $0 (07-15-2013 - OK) |
| D&M Marine, Inc. d/b/a Phipps & Company Homes v. J. Neal Turner and Kerie B. Turner |
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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 $0 (07-11-2013 - TX) |
| James Ronald Smith v. Sheridan Trucking Company |
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James Ronald Smith sued Sheridan Trucking Company on a wrongful termination theory claiming: |
| Audrey Striplin v. University of Tulsa |
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Audrey Striplin sued University of Tulsa on a wrongful termination theory claiming: |
| Jorge Granados v. Doña Ana County |
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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. |
| Michael Gwynn v. City of Philadelphia |
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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. |
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