Retaliation Law
 
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

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his suit because he alleged a statutory violation and was not seeking monetary damages, and (2) the Cameron County Sheriff was t

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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

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under Section 161.134 of the Texas Health and Safety Code1 and that, t

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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

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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

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(“SVI”). As

More...   $0 (07-12-2013 - 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 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

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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)

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)

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)

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.

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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)

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)

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)

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)

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)

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

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Judith Hoce Holmes v. Shirley Al Jaafreh

On February 7, 2011, Appellant Judith Hoce Holmes filed three sworn complaints in justice court against Appellee Shirley Al Jaafreh, her then-landlord, seeking writs of restoration under Property Code section 92.0091 and statutory damages of $500 in each case for utility interruption under Property Code section 92.008. A week later, on February 14, Holmes filed four more similar complaints. After

More...   $0 (05-30-2013 - TX)

Phillip Goldstein v. William F. Galvin

A hoary proverb teaches that large oaks from little acorns grow. That is a natural progression. This case, however, features a less natural progression: an obscure violation of a state securities regulation, not especially egregious in itself, has led to a litigation extravaganza — an extravaganza that pits a prominent hedge fund operator against a state official with broad regulatory authority

More...   $0 (06-11-2013 - MA)

Norma Mata v. Advantage Resourcing, Inc. d/b/a Advantage Staffing

Norma Mata sued Advantage Resourcing, Inc. d/b/a Advantage Staffing on a wrongful termination theory claiming:

1. That Advantage is a foreign corporation with numerous locations in Oklahoma, including the facility Plaintiff worked at in Tulsa, Oklahoma, under the name Advantage Staffing, a trade name forAdvantage Resourcing, Inc.

2. That Plaintiff is an individual and former empl

More...   $0 (06-06-2013 - OK)

Paul D. Duncan v. Oklahoma Military Department

Paul D. Duncan sued the Oklahoma Military Department on discrimination theory, intentional infliction of emotional distress, wrongful termination and retaliation for filing a worker's compensation claim.

1. Plaintiff alleges a claim of wrongful discharge, harassment, discrimination and retaliation based upon his disability, in violation of Oklahoma laws against discrimination, 25 O.S. §1

More...   $1 (06-05-2013 - OK)

Lockheed Martin Corporation v. Administrative Review Board, United States Department of Labor

Lockheed Martin Corp. (“Lockheed”) seeks to set aside a decision of the Administrative Review Board of the Department of Labor (the “ARB” or the “Board”) concluding Lockheed violated Section 806 of the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley” or the “Act”). See 18 U.S.C. § 1514A(a). The Board affirmed the decision of an administrative law judge (“ALJ”), who concluded L

More...   $0 (06-04-2013 - CO)

Barbara Wyatt v. Rhonda Fletcher

As next-friend of her minor daughter “S.W.”, Barbara Wyatt brought this
suit under 42 U.S.C. § 1983 against high school softball coaches Rhonda Fletcher
and Cassandra Newell. Wyatt alleges the coaches disclosed S.W.’s sexual
orientation during a disciplinary meeting with S.W.’s mother, primarily claiming
the disclosure to the mother constituted a Fourteenth Amendment invas

More...   $0 (06-03-2013 - TX)

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AK Morlan
Kent Morlan, Esq.
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