Retaliation Law
 
Michael L. Zinna v. Judy Congrove

Michael Zinna appeals the district court’s attorneys’ fee award following a FILED United States Court of Appeals Tenth Circuit June 5, 2012 Elisabeth A. Shumaker Clerk of Court -2- successful 42 U.S.C. § 1983 civil rights suit against James Congrove, a county official. On its consideration of the jury verdict favoring Zinna, the district court determined the damage award was nominal and the v... More...   $0 (06-05-2012 - CO)

Sarah Hale v. Dr. Joel Razook, P.C.

Sarah Hale sued Dr. Joel Razook, P.C. and Dr. Joel C. Razook on wrongful termination theories claiming that that she was wrongfully terminated by Defendants based on gender discrimination, sexual harassment, hostile work environment, unlawful interference with her employment, retaliation in employment with conduct that also constituted a Burk tort for violation of Oklahoma Public Policy when she r... More...   $68000 (06-05-2012 - OK)

Dianna N. Jones v. Louisiana Department of Health and Hospitals

Dianna Jones sued her former employer, the Louisiana Department of Health and Hospitals (DHH), alleging that she was terminated for racially discriminatory reasons and in retaliation for refusing to assist clients in obtaining benefits for which they were not qualified. The district court granted summary judgment to DHH. We affirm.

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Dianna Jones worked for DHH as a social services c... More...
   $0 (06-04-2012 - LA)

Diane T. Gowski, M.D. v. James Peake, M.D.

This appeal and cross-appeal arise from a jury verdict and award of damages and injunctive relief in favor of Doctors Diane Gowski and Sally Zachariah in their discrimination, retaliation, and hostile work environment suit against the Secretary of the Department of Veterans Affairs (VA).1 We must decide whether this circuit recognizes a retaliatory hostile work environment claim and, if so, whethe... More...   $0 (06-04-2012 - FL)

Susan Lewis v. Humboldt Acquisition Corporation

When Susan Lewis filed this lawsuit in 2007, Title I of the Americans with Disabilities Act (ADA) prohibited discrimination “because of” the disability of an employee. 42 U.S.C. § 12112(a), Pub. L. No. 101-336, Title I, § 102, 104 Stat. 327, 331 (1990) (amended 1991). When it came time to present her ADA claim to a jury, each party urged the district court to put a different gloss on this la... More...   $0 (05-25-2012 - TN)

Rickey Carneil Thomas v. Pontiac City School District

In this case brought under the Whistleblowers’ Protection Act (WPA), MCL 15.361, et seq., plaintiff appeals as of right the trial court’s order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10). For the reasons set forth in this opinion, we affirm.

I. FACTS & PROCEDURAL HISTORY

Plaintiff worked for defendant as a non-union substitute custodian fro... More...
   $0 (05-24-2012 - MI)

Darrel Smith v. Denise Bray

In most employment discrimination cases that arise in the private sector, the defendants are the employers themselves, most often corporations or other business organizations. In this case of alleged race discrimination and retaliation, however, the employer has gone through bankruptcy and so cannot be sued for relief. The plaintiff in this case has sought relief from two individuals who worked fo... More...   $0 (05-24-2012 - IL)

Alexander Lidlow v. International Rectifier Corp.

The novel question presented in this case is whether, under a conflict of laws principle known as the internal affairs doctrine, California law or foreign law applies to a claim brought by an officer of a foreign corporation for wrongful termination in violation of public policy. We hold that under the circumstances alleged here, specifically where a foreign corporation has removed or constructive... More...   $0 (05-23-2012 - CA)

Kenneth Kidwell v. Joseph S. Eisenhauer

Over the course of six months, Appellant Kenneth Kidwell, a sixteen-year veteran of the Danville, Illinois police department, publicly criticized several departmental officials at two police officers’ union meetings. Roughly during that same time period, Kidwell also committed several violations of departmental policy and was punished accordingly with, among other things, a written reprimand and... More...   $0 (05-23-2012 - IL)

Patricia Tarle v. Kaiser Foundation Health Plan, Inc.

Plaintiff and appellant Patricia Tarle appeals from the summary judgment entered in favor of defendants and respondents Kaiser Foundation Hospitals, Kaiser Foundation Health Plan, Inc. (collectively, Kaiser), Dilip Sedani and Wayne Rupnik in this employment discrimination action. Tarle contends the trial court erred in sustaining defendants‘ evidentiary objections to much of the evidence she sub... More...   $0 (05-22-2012 - CA)

Guincey Gerald Keeler v. Aramark

Plaintiff Quincey Gerald Keeler appeals the district court’s grant of summary judgment in favor of his employer, Aramark Healthcare Support Services, LLC (Aramark) and his supervisor, Larry Gengler. He challenges the district court’s * After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this ... More...   $0 (05-18-2012 - KS)

Cecil Young v. City of Bridgeport

The plaintiff, Cecil Young, appeals from the judgment of the trial court rendered in favor of the defendant, the city of Bridgeport. On appeal, the plaintiff claims that the court improperly rendered judgment for the defendant on the basis of its factual finding that the plaintiff was not the defendant’s employee. We agree with the court’s finding that the plaintiff was not the defendant’s e... More...   $0 (05-17-2012 - CT)

Lisa Grissom v. First National Insurance Agency

Lisa Grissom (Grissom) filed a garnishment action against General Insurance Company of America (GICA) seeking to satisfy a judgment entered on Grissom’s Missouri Human Rights Act (MHRA) claim (hereinafter referred to as the underlying judgment) from a GICA insurance policy. Both parties moved for summary judgment, and the trial court entered judgment in Grissom’s favor. None of the material fa... More...   $0 (05-16-2012 - MO)

Cynthia Healey v. Goodyear Tire & Rubber Co.

{¶1} Appellant, Cynthia Healey, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

I.

{¶2} In a prior appeal, Healey v. Goodyear Tire & Rubber Co., 9th Dist. No. 25296, 2010-Ohio-5463, ¶ 1, this Court set forth the underlying factual and procedural history as follows:

Cynthia Healey is a former employee of Goodyear Tire and Rubber Comp... More...
   $0 (05-16-2012 - OH)

Mary Fitzsimons v. California Emergency Physicians Medical Group

Plaintiff Mary Fitzsimons appeals from a judgment in favor of defendant California Emergency Physicians Medical Group (CEP) on her complaint for unlawful retaliation under the California Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq.1 She contends the trial court erred in concluding that a partner does not have standing to assert a claim for retaliation under the FEH... More...   $0 (05-16-2012 - CA)

Guillermo Herrera v. Churchill McGee, LLC

Guillermo Herrera filed this lawsuit against his former employer, Churchill McGee, LLC, and its two owners (collectively, “Churchill McGee”), alleging discrimination and retaliation under state and federal law. The district court dismissed Herrera’s claims on the ground that Herrera had previously filed an administrative complaint alleging discrimination with a county human rights commission... More...   $0 (05-16-2012 - KY)

Pat Oman v. Portland Public Schools

We must decide, among other things, whether a parent may bring a claim for nominal damages under the Individuals with Disabilities Education Act.

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\In the 1970s, there was considerable concern about the manner in which children with disabilities were educated in this country, particularly the tendency of educators to isolate them from their non-disabled peers. Congress responded by ... More...
   $0 (05-14-2012 - OR)

Edward McDonald v. City of Saint Paul

Edward C. McDonald appeals the district court’s1 order granting summary judgment to defendants—the City of St. Paul (the City) and Mayor Christopher Coleman (the mayor)—on various claims arising from McDonald’s unsuccessful application for appointment as director of the City’s Department of Human Rights and Equal Economic Opportunity, as well as denial of his motion to compel various dep... More...   $0 (05-10-2012 - MN)

David Schmidt v. Celgene Corporation

Plaintiff David Schmidt appeals from the dismissal of a complaint charging his employer, Celgene Corporation, and one of Celgene's customers, CVS/Caremark Corporation (Caremark), with violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Schmidt filed the complaint well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, while he had a breach of contract ... More...   $0 (05-09-2012 - NJ)

Melvin Hayes v. Vermeer Manufacturing Co.

Melvin Hayes appeals from entry of summary judgment in favor of the defendant, Vermeer Manufacturing Company. Hayes brought suit against his former employer, Vermeer, for retaliation and violation of his rights under the Family Medical Leave Act (FLMA) after Hayes was terminated for repeated tardiness allegedly caused by side effects of medication taken for his mental health condition. The distric... More...   $0 (05-09-2012 - IA)

Joseph W. Sullivan v. William F. Harnisch

We held in Murphy v American Home Prods. Corp. (58 NY2d 293 [1983]), and have several times reaffirmed, that New York common law does not recognize a cause of action for the wrongful discharge of an at-will employee. We decline in this case to make an exception to that rule for the compliance officer of a hedge fund.

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Plaintiff, Joseph Sullivan, was, according to his complaint, a 15... More...
   $0 (05-08-2012 - NY)

Santa Fe Independent School District v. Rhonda Falgoust

In this interlocutory appeal, a school district challenges a trial court’s order denying the school district’s plea to the jurisdiction in an action brought by a former employee against the school district for retaliation under the Texas Whistleblower Act.

We conclude that because the former employee failed to allege elements of the claim, the trial court lacked subject-matter jurisdict... More...
   $0 (05-08-2012 - TX)

Edward Melia v. Zenhire, Inc.

In April, 2007, the plaintiff, Edward Melia, a Massachusetts resident, entered into an executive employment contract with the defendant Zenhire, Inc. (Zenhire). A forum selection clause dictated that all disputes arising out of the contract or the employment relationship were to be resolved in courts situated in Erie County, New York, Zenhire's principal place of business. Zenhire allegedly failed... More...   $0 (05-08-2012 - MA)

Tom Seeger v. Cincinnati Bell Telephone Company, LLC

Plaintiff Tom Seeger appeals the district court’s order granting summary judgment in favor of defendant Cincinnati Bell Telephone Co., LLC (“CBT”), and dismissing his claim that CBT violated the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, when it terminated his employment on the ground of disability fraud. Seeger took FMLA leave and concurrent paid leave under CBT’... More...   $0 (05-08-2012 - KY)

Remcey Peeples v. CRST Van Expedited, Inc.

The Equal Employment Opportunity Commission (EEOC) filed suit in its own name against CRST Van Expedited, Inc. (CRST), alleging that CRST subjected Monika Starke "and approximately 270 similarly situated female employees" to a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. Starke and Remcey Jeunenne Peeples intervened i... More...   $0 (05-08-2012 - IA)

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