Retaliation Law
 
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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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.

I

Dianna Jones worked for DHH as a social services c

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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

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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

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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

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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

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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

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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

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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

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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)

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

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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

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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

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AK Morlan
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