Retaliation Law
 
Paul J. Cameron v. Idearc Media Corp.

Appellants Paul J. Cameron, Paul T. Ferris, Paul M. Gleason, and Kenneth W. Rosenthal are former directory-advertising sales representatives in the Premise Sales unit of appellee Idearc Media Corporation ("Idearc"). Each was discharged in July 2007. Idearc says they were let go for poor performance; the employees allege that the terminations were motivated by age discrimination and a desire to neg... More...   $0 (07-13-2012 - MA)

Phyllis Renee Shanklin v. Texas Department of Criminal Justice

Phyllis Shanklin sued the Texas Department of Criminal Justice (TDCJ) under the Texas Commission on Human Rights Act (TCHRA) for terminating her employment, bringing claims of discrimination based on race and sex, as well as on retaliation for raising the discrimination claims. See TEX. LAB. CODE ANN. §§ 21.051, 21.055, 21.254 (West 2006). The trial court granted the TDCJ’s motion for summary ... More...   $0 (07-12-2012 - TX)

Shedrick Chandler v. CSC Applied Technologies, LLC

Shedrick Chandler sued his former employer, CSC Applied Technologies, LLC (“CSC”), for race discrimination and retaliation under the Texas Commission on Human Rights Act (“TCHRA”). CSC moved for both traditional and no- evidence summary judgment and raised numerous objections to Chandler’s summary judgment evidence. The trial court sustained seventy-four of CSC’s objections and ultimat... More...   $0 (07-12-2012 - TX)

Samuel Milligan v. Board of Trustees of Southern Illinois University

Samuel Milligan, then a freshman at Southern Illinois University (“SIU”), had three uncomfortable encounters with Dr. Cal Meyers— a professor emeritus at, and substantial donor to, SIU— in which Meyers touched Milligan inappropriately and complimented him on what Meyers believed to be his feminine features. Milligan sued SIU under Title VII and Title IX for creating a hostile work and educ... More...   $0 (07-11-2012 - IL)

Equal Employment Opportunity Commission v. The Picture People, Inc.

Plaintiff-Appellant, Equal Employment Opportunity Commission (“EEOC”), on behalf of Jessica Chrysler (“Employee”), appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee, The Picture People (“Employer”). See Order Granting Summary Judgment, EEOC v. Picture People, Inc., No. 09-cv-02315-PAB-CBS, 2011 WL 1754522 (D. Colo. May 9, 2011) (hereinafter ... More...   $0 (07-11-2012 - CO)

Elizabeth Ann Bertsch v. Overstock.com

Plaintiff-Appellant Elizabeth A. Bertsch appeals from the grant of summary judgment in favor of her former employer, Defendant-Appellee Overstock.com, on her hostile work environment and retaliation claims, and appeals the denial of leave to amend to add a disparate-treatment claim, all under Title VII of the Civil Rights Act, 42 U.S.C. §2000e-e17. We have jurisdiction under 28 U.S.C. § 1291 and... More...   $0 (07-11-2012 - UT)

James Brooks v. Howard R. Arthur, Sr.

Plaintiffs James Brooks and Donald Hamlette, corrections officers at the Correctional Unit in Rustburg, Virginia, sued under 42 U.S.C. § 1983, alleging that the defendants unlawfully fired them for exercising their First Amendment rights to free speech. The Supreme Court has been quite clear, however, that "‘complaints about . . . the employee’s own duties’" that are "filed with an employer... More...   $0 (07-09-2012 - VA)

Nazareth Hall Nursing Center v. Esperanza Melendez

Nazareth Hall Nursing Center appeals the trial court’s order denying its motion to compel arbitration. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Nazareth Hall employed Esperanza Melendez from May 1990 until July 2009. In 2006, Melendez received an employee handbook and signed the “Employee Acknowledgment and Arbitration Agreement” (the agreement) attached to the handbo... More...
   $0 (06-28-2012 - TX)

Taylor Patterson v. Domino's Pizza, L.L.C.

Here, for purposes of a summary judgment motion, a franchisor's actions speak louder than words in the franchise agreement.

Plaintiff Taylor Patterson was an employee of defendant Sui Juris, LLC, dba Domino's Pizza (Sui Juris). Patterson alleges she was sexually harassed and assaulted at her job. She filed an action pursuant to Government Code section 12940 (FEHA [Fair Employment and Hous... More...
   $0 (06-27-2012 - CA)

Teresa Hernandez v. Valley View Hospital Association

Teresa Hernandez sued Valley View Hospital Association for race and national origin discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e to 2000e17.1 The district court granted summary judgment for Valley View on Ms. Hernandez’s claims for hostile work environment and constructive discharge, and dismissed her retaliation claim as time-barred.

Exer... More...
   $0 (06-26-2012 - CO)

Mark Thompson v. Quorum Health Resources, LLC

Mark Thompson brought a retaliatory discharge claim under the False Claims Act, 31 U.S.C. § 3730(h), after he was suspended and later discharged by his employer, Quorum Health Resources, LLC, (“Quorum”) a healthcare company.

A jury concluded that Thompson was fired in retaliation for filing a qui tam action against Quorum. Quorum now appeals the district court’s denial of its motio... More...
   $0 (06-22-2012 - KY)

Timothy Daniels v. Narraguagus Bay Health Care Facility

[¶1] Timothy Daniels appeals from the Superior Court’s (Washington County, Cuddy, J.) entry of summary judgment in favor of the defendants, Narraguagus Bay Health Care Facility and North Country Associates, Inc. 1 Daniels contends that the court erred in concluding that Narraguagus and North Country were entitled to judgment as a matter of law on his disability discrimination and retaliation cl... More...   $0 (06-21-2012 - ME)

Amanda Armendariz v. Redcats, USA, L.P.

In this wrongful discharge case, Amanda Armendariz (“Armendariz”) appeals the trial court’s orders granting summary judgment for Redcats USA, LP (“Redcats”), entering final judgment for Redcats, and denying her motion for new trial. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Armendariz worked as a telemarketer for Redcats for approximately 16 months, from mid-February 20... More...
   $0 (06-21-2012 - TX)

Harold Wasek v. Arrow Energy Services, Inc.

Harold Wasek claims that he was harassed and bullied while working for his employer, Arrow Energy Services, Inc. He cannot show, however, that the bullying and harassment occurred because of his gender. As such, Wasek cannot maintain an action under either Title VII or Michigan’s Elliot-Larsen Civil Rights Act (“ELCRA”). Thus, we affirm the district court’s grant of summary judgment to Arr... More...   $0 (06-20-2012 - MI)

Kenneth E. Haggard v. John S. Stevens

Kenneth Haggard and Maryann Tomczyk filed this Bivens action against John Stevens, an investigator for the Federal Deposit Insurance Corporation. After they filed suit, Stevens died. The district court held that Stevens’s death extinguished the Bivens claim, and dismissed the suit. We agree with the district court and affirm.

I.

The plaintiffs are the sole shareholder and the Chair... More...
   $0 (06-20-2012 - OH)

George Richards v. United Parcel Service, Inc.

Appellant George Rickards sued respondent United Parcel Service, Inc. (UPS) for violating the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The trial court granted UPS‘s summary judgment motion on the sole ground that Rickards did not file a verified complaint with the Department of Fair Employment and Housing (DFEH) and thus failed to satisfy this jurisdictional prerequi... More...   $0 (06-19-2012 - CA)

Carolyn McKay Sydnor v. Fairfax County, Virginia

The plaintiff in this case brought a discrimination claim against her former employer under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., for denying her a reasonable accommodation following her foot surgery.

The district court dismissed her case after concluding she had failed to exhaust her administrative remedies by not filing her proposed accommodation with th... More...
   $0 (06-19-2012 - VA)

Carolyn McKay Sydnor v. Fairfax County, Virginia

The plaintiff in this case brought a discrimination claim against her former employer under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., for denying her a reasonable accommodation following her foot surgery.

The district court dismissed her case after concluding she had failed to exhaust her administrative remedies by not filing her proposed accommodation with th... More...
   $0 (06-19-2012 - VA)

Christopher F. Ford v. Michael B. Donley

Plaintiff Christopher F. Ford appeals from two adverse decisions entered by the district court in this suit over alleged employment discrimination at Tinker Air Force Base (TAFB). In Appeal No. 11-6203, Mr. Ford challenges the grant of summary judgment to his former employer, defendant Michael B. Donley, Secretary * After examining the briefs and appellate record, this panel has determined unanimo... More...   $0 (06-18-2012 - OK)

Tanya E. Davis v. Ean Services, LLC

Plaintiff TANYA E. DAVIS, by and through her attorney of
record, I. Derek Engle of E. Terrill Corley & Associates, and filed this Petition against Defendants EAN SERVICES, LLC, ENTERPRISE HOLDINGS, INC. and ENTERPRISE LEASING COMPANY-SOUTHWEST and alleges as follows:

I. PARTIES, JURISDICTION AND VENUE

1. Plaintiff TANYA E. DAVIS is an individual residing in Muskogee, Muskogee... More...
   $0 (06-14-2012 - OK)

Paula B. Brown v. Lexington-Fayette Urban County Government

Plaintiff Paula Brown appeals from the district court’s order of summary judgment entered in favor of the defendants in this employment discrimination suit, charging retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e - 2000e-17, and the intentional infliction of emotional distress under state law. The district court held that Brown had failed to establi... More...   $0 (06-12-2012 - KY)

Svetlana Arizanovska v. Wal-Mart Stores, Inc.

Svetlana Arizanovska filed an action against her employer, alleging that she was discriminated against because of her pregnancy and her national origin. She added state-law claims of intentional and negligent infliction of emotional distress. The district court granted summary judgment against her on both her federal and state-law claims. We affirm.

I. BACKGROUND

Svetlana Arizanovska... More...
   $0 (06-12-2012 - IN)

Kenneth Harper v. C.R. England, Inc.

Kenneth Harper brought this action in Indiana state court against his former employer, C.R. England, Inc. (“C.R. England”), alleging racial discrimination, harassment and retaliation in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. He also alleged that C.R. England had retaliated against him for having filed a workers’ compensation c... More...   $0 (06-11-2012 - IN)

George T. Paeth v. Worth Township

George and Margaret Paeth faced many hurdles from Worth Township in trying to renovate their home. Eventually, they took the Township to court, where a jury awarded them $600,000 on First Amendment retaliation and procedural due process claims. The Paeths did not establish a procedural due process violation, because the process they were afforded was constitutionally sufficient. There was, however... More...   $0 (06-08-2012 - MI)

Lorenzo Porter Lott v. ICS Merrill

Lorenzo Porter Lott (“Lott”) appeals from a district court order granting summary judgment in favor of his former employer, ICS Merrill, on Lott’s claims of racial discrimination and retaliation under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2 and 2000e-3. Lott has appealed only the grant of summary judgment against his racial discrimination claim. For the ... More...   $0 (06-07-2012 - MI)

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