Retaliation Law
 
B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and YouthMore...   $0 (01-11-2013 - PA)

Ricardo Diaz v. Michigan Department of Corrections

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state’s failure to comply with the family-care provision of the Family Medical Leave Act (“FMLA” or “the Act”). 538 U.S. 721, 725 (2003); see generally 29 U.S.C. § 2612(a)(1)(C). After the Supreme Court’s decision, this Circuit held that a pla... More...   $0 (01-07-2013 - MI)

Julie Gilman Veronese v. Lucasfilm, Ltd.

This is an employment discrimination case, specifically pregnancy discrimination. It is an unusual case in several respects, including that the interactions between plaintiff and defendant‟s representatives were relatively brief, over a period of less than four months; save for four in-person interviews or meetings and a handful of telephone calls, those interactions were all via email; and plai... More...   $0 (12-28-2012 - CA)

Rosaena Resendez v. Texas Commission on Environmental Quality

Appellant Rosaena Resendez appeals from the trial court's order dismissing her suit against her former employer, the Texas Commission on Environmental Quality (the "Commission"), for damages under the Texas Whistleblower Act. See Tex. Gov't. Code Ann. §§ 554.001-.009 (West 2012). The Commission filed a plea to the jurisdiction, arguing that sovereign immunity had not been waived because Resende... More...   $0 (12-28-2012 - TX)

Melissa R. Schwartz v. Margaret Booker

This is an interlocutory appeal from the denial of a motion to dismiss asserting qualified immunity. At issue is the scope of the special relationship doctrine and whether it would apply to the facts alleged to expose two human services employees to potential individual liability for the death of a seven-year-old child in foster care.1

After their son, Chandler Grafner, died while in the fo... More...
   $0 (12-20-2012 - CO)

U.S. Equal Employment Opportunity Commission v. Dillards, Inc. et al

Dillard's Inc., a national retail chain, will pay $2 million and commit to extensive, company-wide injunctive relief to settle a class action disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. At issue was Dillard's longstanding national policy and practice of requiring all employees to disclose personal and confidential... More...   $0 (12-19-2012 - CA)

Regina Daniels v. United Parcel Service, Inc.

Regina Daniels, a former United Parcel Service dispatcher who worked in UPS’s Kansas City, Kansas facility, brought suit against UPS alleging discrimination based on her sex and age. The district court granted summary judgment in favor of UPS, and Daniels appeals. We conclude the district court did not err in finding (1) most of Daniels’s discrimination claims were untimely; and (2) the claims... More...   $0 (12-12-2012 - KS)

William A. Doyle v. Lehi City

¶1 William A. Doyle appeals the district court’s grant of summary judgment in favor of Lehi City, Daniel Harrison, Blythe Bray, and Amanda Len Mackintosh (collectively, Appellees). Doyle claims that the district court erred in striking portions of affidavits he submitted in opposition to Appellees’ motion for summary judgment, in concluding that Harrison and Bray were entitled to qualified im... More...   $0 (12-06-2012 - UT)

Sarah Barton v. Mizzios, L.L.C.

Sarah Barton sued Mizzios, L.L.C. on a wrongful termination theory claiming:

1. That the Defendant’s correct name is Mazzio’s LLC and Defendant does business in Tulsa County, Oklahoma and all acts or omissions occurred therein, thus jurisdiction and venue are appropriate.

2. That the Plaintiff was an employee, and the Defendant an employer, as defined by state law.

3. Th... More...
   $1 (11-28-2012 - OK)

Brank Brown v. Scriptpro, LLC

Plaintiff-Appellant Frank Brown filed this action against his former employer Defendant-Appellee ScriptPro, LLC, alleging violations of the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and Title VII of the Civil Rights Act of 1964 based on his termination in November 2008. The district court granted summary judgment in favor of ScriptPro, and Mr. Brown appeals. See Brown v... More...   $0 (11-27-2012 - KS)

Leddrew Smith, Jr. v. City of Niles

Leddrew Smith complains that the City of Niles (Michigan) interfered with his statutory right to take medical leave under the Family Medical Leave Act by failing to promote him when his supervisor retired and by eventually firing him. The district court granted summary judgment to the defendant. We affirm.

I.

From 1989 to 2010, Smith worked for the City of Niles in its utilities depa... More...
   $0 (11-21-2012 - MI)

The University of Texas, M.D. Anderson Cancer Center v. Maria Valdizan-Garcia

This is an interlocutory appeal from the trial court’s denial of a motion to dismiss filed by appellant The University of Texas M.D. Anderson Cancer Center. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon 2008). We vacate the trial court’s order denying M.D. Anderson’s plea to the jurisdiction and dismiss the case.

BACKGROUND

Appellee Maria Valdizan-Garcia went to medi... More...
   $0 (11-15-2012 - TX)

Avery Richey v. Autonation, Inc.

Avery Richey, a sales manager at Power Toyota of Cerritos, was terminated from his job four weeks before the expiration of his approved medical leave under the Moore- Brown-Roberti Family Rights Act (CFRA) (Gov. Code, §§ 12945.1, 12945.2)1 because his employer believed Richey was misusing his leave by working part time in a restaurant he owned. Richey sued Power Toyota’s parent companies, Auto... More...   $0 (11-12-2012 - CA)

Mark Parker v. Madison County Regional Office of Education

Mark Parker sied Madison County Illinois Regional Office of Education on a civil rights violation theory claiming that Defendant violated the Equal Pay Act and discriminated against her because of her sex. The claim claimed that Defendant retaliated against for complaining about how she was being treated.

Parker's annual salary was $30,742 in 2008 while her male counterpart was making ... More...
   $100000 (11-10-2012 - IL)

Lawrence Trainor v. HEI Hospitality, LLC

A time worn proverb teaches that "Hell hath no fury like a woman scorned." Much the same dynamic can be in play when, as in this case, a corporation abruptly cashiers a member of senior management who believes that he deserves better.

In this instance the denouement prompted a suit for age discrimination and retaliation. After a protracted trial, the jury found the employer guilty... More...
   $0 (11-01-2012 - MA)

Steve Stephens and Crissy Stephens F/B/O R. A. S. v. Trinity Independent School District

Steve Stephens and Crissy Stephens, for the benefit of R.A.S., a minor child, appeal the trial court’s order granting Trinity Independent School District’s (TISD) plea to the jurisdiction. The Stephenses raise two issues on appeal. We affirm.

BACKGROUND

The Stephenses’ son, R.A.S., was an eleven year old intermediate school student at TISD. While in the process of exiting the s... More...
   $0 (10-26-2012 - tx)

John D. Anderson v. Patrick R. Donahoe

John D. Anderson, a United States Postal Service (“USPS”) worker, suffers from asthma. While he is virtually symptom-free outside of the workplace, his asthma regularly flared up at his job as a parttime mail processor at a postal facility in Bedford Park, Illinois. Between 2002 and 2009, Anderson filed numerous Equal Employment Opportunity (“EEO”) complaints, an Occupational Health and Sa... More...   $0 (10-26-2012 - IL)

Dorothy Ollie v. Plano Independent School District

Dorothy Ollie brought breach of contract and tort claims against the Plano Independent School District (PISD), Tamira Griffin, individually and as the PISD’s Executive Director of Human Resources, Douglas Otto, individually and as the PISD’s Superintendent of Schools, and Tammy Richards, individually and as President of the PISD’s Board of Trustees, based on the termination of Ollie’s empl... More...   $0 (10-25-2012 - TX)

Jarrett Hamilton v. General Electric Company

Jarrett Hamilton, a pro se Indiana resident, appeals a district court judgment entering a jury verdict rendered in favor of General Electric Company (GE).

Hamilton filed a complaint against GE in a Kentucky state court, alleging that GE suspended him and terminated his employment in retaliation for his filing a claim of age discrimination. GE removed the case to the United States District C... More...
   $0 (10-24-2012 - KY)

Richard Kaufman v. Jonathan Higgs

The appeal in this civil action is taken from the district court’s order granting summary judgment to the Defendants-Appellees in a civil rights action brought under 42 U.S.C. § 1983. Plaintiff-Appellant Kaufman brought the action alleging that the Defendants had violated his constitutional rights by arresting him without probable cause. The district court had jurisdiction under 28 U.S.C. § 13... More...   $0 (10-24-2012 - CO)

Albert Davis v. Fred's Appliance, Inc.

This appeal follows the summary dismissal of a suit for

employment discrimination. The suit is based on claims of retaliatory discharge,

discrimination, and defamation. A co-worker or store manager (the parties dispute his

authority with the defendant employer) referred to a heterosexual employee as "Big Gay

Al." That name apparently comes from a popular te... More...
   $0 (10-23-2012 - WA)

Echostar Satellite, LLC v. Ray Aguilar

Appellants Echostar Satellite L.L.C. and Dish Network Service, L.L.C. (“Appellants”), appeal a jury verdict and judgment rendered in favor of Ray Aguilar (“Aguilar”). Appellants bring five issues: (1) legal and factual insufficiency of Aguilar’s evidence that Appellants’ uniform application of their absence control policy was a violation of Chapter 451 of the Texas Labor Code; (2) in... More...   $0 (10-19-2012 - TX)

Lorena Alamo v. Practice Management Information Corporation

Appellant Practice Management Information Corporation (PMIC) appeals from a judgment in favor of its former employee, respondent Lorena Alamo, following a jury trial on Alamo‟s causes of action for pregnancy discrimination and retaliation in violation of the California Fair Employment and Housing Act (FEHA) and wrongful termination in violation of public policy. On appeal, PMIC argues that the t... More...   $0 (10-18-2012 - CA)

Karen Dorshkind v. Oak Park Place of Dubuque II, L.L.C.

Defendant Oak Park Place of Dubuque II, L.L.C. (Oak Park) appeals following an adverse jury verdict in a wrongful discharge action brought by former at-will employee Karen Dorshkind. Oak Park contends the trial court erred in determining it is against public policy to discharge an employee for reporting to a co-employee, rather than the Department of Inspections and Appeals, the falsification of d... More...   $0 (10-17-2012 - IA)

Alice Guth v. Tazewell County

The plaintiff in this suit under 42 U.S.C. § 1983 seeks damages from the governing body of Tazewell County and from various subordinate agencies and County officials (but we can disregard all the defendants other than the County Board, and treat the Board as the only defendant) for violating her constitutional rights. The district judge granted summary judgment for the defendants.

The plai... More...
   $0 (10-17-2012 - IL)

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