Retaliation Law
 
Laura Conroy v. Thomas Vilsack

Laura Conroy filed this Title VII lawsuit against her employer, the United States Forest Service, after it (among other things) filled an open position with a male employee, instead of her. The district court excluded the testimony of Ms. Conroy’s two experts and granted summary judgment to the Forest Service. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

I

The Forest

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Joshua Mandevill v. Airflo Cooling Technologies, LLC

Joshua Mandevill sued Airflo Cooling Technologies, LLC on a wrongful termination theory.

Mr. Mandevill began working for Defendant Airflo on August 1, 2008. He sustained an accidental injury arising out of and in the course of his employment on January 15, 2009. He waited several weeks before submitting a formal written notice of injury as he was hopeful his symptoms would dissipate. As t

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Brian Stanton v. Florida Department of Health

Appellant, Brian Stanton, seeks review of the Florida Commission on Human Relations’ final order dismissing his whistle-blower complaint filed against appellee, the Florida Department of Health. The Commission ruled it lacked jurisdiction to investigate the claim under Florida’s “Whistle-blower’s Act” (“the Act”) found in sections 112.3187 through 112.31895, Florida Statutes (2011).

More...   $0 (02-08-2013 - FL)

Allstate Sweeping, L.L.C. v. Calvin Black

Plaintiff Allstate Sweeping, LLC (Allstate) is owned and operated by two white women: Martha Krueger and Barbara Hollis. In January 2006 it began performing pressure-washing services at Denver International Airport (DIA) under a contract with the City and County of Denver (Denver). Although the contract term was through July 2008, it was terminated by Denver on July 1, 2007. Defendant Calvin Black

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Janet Lundquist v. University of South Dakota Sanford School of Medicine

Janet Lundquist commenced this action alleging that her former employer, the University of South Dakota Sanford School of Medicine (the “School of Medicine”), violated the Americans with Disabilities Act (ADA) by refusing to accommodate her mental and physical disabilities and by responding to her requests for accommodation with hostile actions that caused her constructive discharge. See 42 U.

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Brian McVeigh v. Recology San Francisco

Plaintiff Brian McVeigh appeals following the grant of summary judgment in favor of his former employer Recology San Francisco.1 Recology provides waste collection, recycling and disposal services to San Francisco residents and businesses. McVeigh‘s complaint alleged that Recology fired him in retaliation for his reporting possible fraud in connection with California Redemption Value payments ma

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Maria Elena Martinez v. AA Foundries, Inc.

Maria Elena Martinez sued her employer, AA Foundries, Inc., under Chapter 21 of the Texas Labor Code, alleging claims for hostile work environment and retaliation. See TEX. LABOR CODE ANN. §§ 21.051, 21.055, 21.125 (West 2006). The jury found against Martinez on her claims, and the trial court rendered a take-nothing judgment in favor of AA Foundries. We affirm the judgment of the trial court.

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Shawn Drumgold v. Timothy Callahan

In the summer of 1988, twelve-year-old Darlene Tiffany Moore was killed by a stray bullet during a gang-related shooting in Boston. Appellant Shawn Drumgold was tried and convicted of Moore's murder in Massachusetts state court in the fall of 1989. After serving fourteen years of his life sentence, Drumgold moved for a new trial on the ground that exculpatory evidence had been withheld by several

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Edwin Garcia v. Hartford Police Department

In a matter involving employment discrimination and First Amendment retaliation claims, Plaintiff-Appellant Edwin Garcia appeals from a September 27, 2011 final judgment of the United States District Court for the District of Connecticut (Thompson, C.J.), granting summary judgment to the Defendants-Appellees. Garcia, a former sergeant with the City of Hartford Police Department (“Hartford PD”)

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Habib Sadid v. Idaho State University

Appellant, Habib Sadid, a former tenured professor of civil engineering at Idaho State University, appeals the Industrial Commission’s Order reversing the Department of Labor Appeals Examiner’s grant of unemployment benefits to Sadid after Sadid was terminated by Idaho State University.

II. FACTUAL AND PROCEDURAL BACKGROUND

Professor Habib Sadid was a tenured professor of civil e

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Judy K. Kelly v. City of Albuquerque

The City of Albuquerque, Martin Chavez, and Robert White (collectively, the “City”), appeal a jury verdict finding that they retaliated against Plaintiff - Appellee Judy Kelley, formerly an Albuquerque assistant city attorney, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the New Mexico Human Rights Act (“NMHRA”), N.M. STAT. ANN. § 28-1-1 et se

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John McGrory v. Applied Signal Technology, Inc.

Defendant Applied Signal Technology, Inc. (Employer) terminated its four-year employment of plaintiff John McGrory (Employee) in June 2009 after an outside investigator retained by Employer concluded that, while Employee had not discriminated against a lesbian subordinate on the basis of her sex or sexual orientation, in other ways Employee had violated Employer‟s policies on sexual harassment a

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Anthony Smith v. John Wilson

For the better part of a decade, Anthony Smith sought a place on the Town of Beloit’s “tow list,” hoping to be called upon when the local police department required towing services. Chief of Police John Wilson denied these requests, and Smith (who is African-American) attributed his exclusion to racial bias. In December 2008, Wilson’s subordinates came forward with allegations that appeare

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William Hernandez v. Metropolitan Transit Authority

William Hernandez sued Metropolitan Transit Authority on a civil rights violation claiming that Metro Trans police supervisors retaliated against them when he complained about his attempts to earn a promotion.

At issue in the dispute was William Hernandez's May 2009 efforts to move up from patrolman to rangemaster for the department, a division of Metropolitan Transit Authority of Harris Co

More...   $305000 (01-24-2013 - TX)

Roland Benavides v. City of Oklahoma city

In this employment discrimination case, Roland Benavides appeals from a district court order that granted the City of Oklahoma City’s motion for summary judgment on Benavides’ claims under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and the Family and Medical Leave Act (FMLA), affirm.

BACKGROUND

Benavides began working for the City as a police officer i

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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

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Jamie Fuhrmann v. Staples The Office Superstore East, Inc.

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (

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Doreatha Walker v. Hitchcock Independent School District

Walker was employed as the Director of Kids First Head Start for Hitchcock under a one-year probationary contract for the 2008-09 school year. As Director, it was her job to facilitate collegial relationships between staff and communication between the Superintendent, staff, parents, and the Head Start Policy Council.

1

In February 2009, Walker filed a complaint wi

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John Daniel v. Universal Ensco, Inc.

Plaintiff-Appellant John Daniel was terminated by his former employer, Defendant-Appellee Universal ENSCO, Incorporated (“UEI”), in a reduction-inforce. He filed suit against UEI for discrimination on the basis of age, religion, and national origin, under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2, the Age Discrimination in Employment Act of 1967, 29 U.S.

More...   $0 (01-17-2013 - TX)

Bill Gregory v. Board of County Commissioners of Tulsa County

Bill Gregory sued Board of County Commissioners of Tulsa County on a discrimination theory claiming:

1. Plaintiff is a citizen of the United States of America and a resident of Rogers County, Oklahoma.

2 Defendant Board of County Commissioners is a governmental entity conducting regular activity in Tulsa County, State of Oklahoma Defendant regularly employs more than fifteen (15)

More...   $42500 (01-16-2013 - OK)

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 Youth

More...   $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

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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

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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

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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)

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AK Morlan
Kent Morlan, Esq.
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