Retaliation Law
 
Kawaljeet K. Tagore v. United States of America

Kawaljeet Tagore (“Tagore”) was refused permission to wear a kirpan (a Sikh ceremonial sword) with a blade long enough to be considered a “dangerous weapon” under federal law inside the federal building where she worked for the Internal Revenue Service (“IRS”). She lost her job by failing to comply with the applicable regulations or receive an appropriate waiver

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Mark D. Volpei v. County of ventura

An employee is a member of a union whose collective bargaining agreement provides that the union may submit a grievance to arbitration. Here we conclude that this provision does not preclude the employee with a statutory grievance against his employer from filing a judicial action.

The County of Ventura (County) appeals from an order denying its petition to compel arbitration of Mark D. Vol

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State of Utah v. Martin MacNeill

The State of Utah charged Dr. Martin MacNeill with first-degree murder and obstruction of justice in conjunction with the bathtub drowning death of his wife. The State alleged that Defendant gave his wife Michelle drugs and then placed her in a bathtub where she drown, possibly with some help from her husband. Defendant, a doctor and lawwyer, had eight children and was a former bishop of his loca

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Lillian Hatheway v. Board of Regents of the University of Idaho

Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the University”). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she

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Lillian Hatheway v. Board of Regents of the University of Idaho

Appellant, Lillian Hatheway, appeals the Latah County district court’s dismissal on summary judgment of all of her claims against Respondents, the Board of Regents of the University of Idaho and the University of Idaho (collectively “the University”). Hatheway worked at the University as an administrative assistant from 1999 until 2008 when she resigned. On October 22, 2008, she

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Tommy Slayton v. Bond Painting Corporation

Tommy Slayton sued Bond Painting Corporation on a wrongful termination theory claiming:

1. Plaintiff Tommy Slayton, is a resident of Rogers County, State of Oklahoma*..

2. Defendant, Bond Painting Corporation, is a Domestic For Profit Business Corporation organized under the laws of the State of Oklahoma and regularly conducting business in Tulsa County, State of Oklahoma.

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Michael L. Lobato v. State of New Mexico

Michael Lobato was a probationary employee at the New Mexico Environmental Department’s Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department’s reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED

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United States of America v. William Leonard Pickard

Defendants-Appellants William Pickard and Clyde Apperson appeal the district court’s decision to deny their motion to unseal the Drug Enforcement Administration

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(“DEA”)’s file on one of its confidential informants. Having jurisdiction under 28 U.S.C. § 1291, we conclude the district court erred in the manner in which it denied Defendants’ motion

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George M. Roberts v. International Business Machines Corporation

George Roberts says IBM fired him because of his age. He insists an instant messaging conversation between two of the company’s human resources managers proves as much. The topic of that conversation was Mr. Roberts’s possible inclusion in a “Resource Action.” Less euphemistically, the pair were discussing whether to eliminate Mr. Roberts’s position on the ground t

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Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry

In nine issues, appellants Alief Independent School District (AISD), Dan Turner, and Henry Bonaparte challenge the judgment against them in favor of appellee Troy Perry on his whistleblower and First and Fourteenth Amendment claims. We affirm.

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Factual History

AISD maintains its own police force. In 2004, AISD hired Perry to join AISD’s police force as “gang offi

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Terry Lee Stone v. M&M Welding and Construction, Inc.

¶1 This appeal involves a “pretaliatory” discharge—an employee alleges that his employer discharged him not because he had filed a workers’ compensation claim but because he was about to. The district court granted summary judgment in favor of the employer. We reverse and remand for further proceedings.

¶2 The employee, Terry Lee Stone, challenges the distric

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Michael V. Pishko, Individually and in his official capacity, N.K. Anand, Individually and in his official capacity, and Texas A&M University v. Dr. Lale Yurttas

Lale Yurttas originally sued the Texas A&M University System, Texas A&M University, and two of its employees, Michael V. Pishko and N.K. Anand, in their official and individual capacities. She asserted a discrimination claim under Texas Labor Code section 21.051 and a defamation claim. In her first amended petition, Yurttas omitted the Texas A&M University System as a defendant. Pishko v. Yurttas

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ATI Career Enterprises, Inc. D/B/A ATI Career Training Center v. Shahbaz F. Din

Appellee Shahbaz F. Din sued his former employer, appellant ATI Enterprises, Inc., d/b/a ATI Career Training Center, for national-origin discrimination and retaliation. A jury found in Din’s favor on both claims, and the trial judge rendered judgment in favor of Din. ATI appeals, and Din cross-appeals. We reverse the judgment, dismiss Din’s retaliation claim for lack of subject-matte

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Oklahoma Oncology, Inc. v. Supriya Koya

Oklahoma Oncology, Inc. sued Supriya Koya on breach of a promissory note, breach of contract, and interference with economic prospective advantage theories claiming:

1. 001 is and was at all times herein mentioned an Oklahoma corporation organized and existing under and by virtue of the laws of the State of Oklahoma, with its principal place of business in Tulsa County, Oklahoma.

2.

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Maria Lokey Tackett v. Henry Huhges II Corporation d/b/a Full Moon Cafe

Maria Lokey Tackett sued Henry Huhges II Corporation d/b/a Full Moon Cafe on a wrongful termination theory claiming:

1. Plaintiff is a resident of Tulsa County, Oklahoma.

2. The Defendant is a domestic corporation doing business in Tulsa County,
Oklahoma.

3. The acts and injuries that give rise to this action occurred in Tulsa County,
Oklahoma.

4. This C

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Kyll Lavalais v. Village of Melrose Park

Kyll Lavalais, a sergeant with the Village of Melrose Park Police Department, sued his employer, the Village of Melrose Park, and the Chief of Police, Sam Pitassi, under Title VII and 42 U.S.C. § 1983, alleging race discrimination and retaliation. The district court granted the defendants’ motion to dismiss for failure to state a claim and Lavalais appealed. For the reasons that follow,

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Anthony Gadlage v. Winters & Yonker, Attorneys at Law, PSG

Plaintiff Anthony Gadlage, a Kentucky attorney, appeals the district court’s judgment granting the defendant’s motion to dismiss and its order denying a motion to alter or amend that judgment. Gadlage filed this diversity action against Winters & Yonker (W&Y), a law firm incorporated in Florida and doing business in Louisville. The parties have expressly waived oral argument, and we

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Anthony Gibson v. Jeffrey Kilpatrick

While serving as the Chief of Police in Drew, Mississippi, Anthony Gibson reported Mayor Jeffrey Kilpatrick to outside law enforcement agencies for misuse of the city gasoline card. Months later, Kilpatrick began issuing written reprimands to Gibson for a panoply of alleged deficiencies. Gibson subsequently filed a lawsuit alleging unconstitutional retaliation as well as state tort law claims. Kil

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San Antonio Water System v. Debra Nicholas

Appellee Debra Nicholas sued appellant The San Antonio Water System (“SAWS”) for retaliation under the Texas Commission on Human Rights Act based upon two alleged adverse employment actions: SAWS terminated her employment and SAWS refused to consider her or offer her employment for other positions with the company that she applied for after her employment was terminated. Nicholas claim

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Michael Prieto v. Bell Aerospace Services, Inc., Bell Helicopter Textron, Inc., and Textron, Inc.

This is an appeal from a directed verdict in favor of appellees Bell Aerospace Services, Inc. (BellAero), Bell Helicopter Textron, Inc. (BHTI), and Textron, Inc. (collectively, Bell) in a Sabine Pilot claim brought by appellant 1See Tex. R. App. P. 47.4.

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Michael Prieto. Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733, 735 (Tex. 1985). We affirm.

Background

Prieto wa

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Ruby Cornejo v. Will Lighthouse

Plaintiff Ruby Cornejo filed this action for damages for violations of the California Whistleblower Protection Act (WPA) (Gov. Code, § 8547 et seq.)1 in May

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1 Undesignated statutory references are to the Government Code.

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2010. She alleged that as a result of her reports starting in 1999 the practices and policies of the Department of Social Services

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Raymond Michael Lee v. Harris County Hospital District

Appellant, Raymond Michael Lee, sued his former employer, the Harris County Hospital District (“the District”), for discrimination, retaliation, and aiding and abetting discrimination under the Texas Commission on Human Rights Act (“TCHRA”). The trial court dismissed his discrimination and aiding and abetting

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claims on the District’s motion for summar

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Sharon Dorsett v. Robin Pellegrini

This § 1983 action comes to us on an expedited appeal from the Eastern District of New York following dismissal on a 12(b)(6) motion. In March 2010, Sharon Dorsett, the mother of Jo’Anna Bird, acting as administratrix of Bird’s estate, filed a complaint against the County of Nassau and various of its officers seeking damages for Bird’s death. Dorsett’s attorney in th

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Nikisha Harris v. Alisha Hospitality, Inc.

Nikisha Harris sued Alisha Hospitality, Inc. on a wrongful termination theory.

The Pre-Trail Order provided in part:

* * *

Plaintiff began her employment with Defendant in September of 2008 as a front desk representative at Defendant’s La Quinta Inn & Suites, located near 41St Street and Sheridan Road in Tulsa, Oklahoma. Defendant approved Plaintiff’s requ

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John Mooney v. Atlantic City, New Jersey

Former Atlantic City Police Chief John Mooney sued the City of Atlantic City, New Jersey on a retaliation theory claiming that he was demoted after trying to blow the whistle on misconduct. He claimed that the City violated New Jersey's whistleblower protection provisions when it sought to demote him. Mooney retired in 2004 after 37 years of service.

Plaintiff also claimed that Mayor Lor

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