Retaliation Law
 
Monica Emeldi v. University of Oregon

In Jackson v. Birmingham Board of Education, the Supreme Court held that retaliation by a federally funded educational institution against someone who complains of gender discrimination is actionable under Title IX. 544 U.S. 167, 171 (2005). We must decide what a plaintiff must prove to prevail on a Title IX retaliation claim, and whether plaintiff Monica Emeldi adduced sufficient evidence of her

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Flynn Hanners v. Larry Trent

Flynn Hanners, a former Master Sergeant with the Illinois State Police (“ISP”), brought this action in the district court, alleging that fellow ISP employees Larry Trent, Harold Nelson, Lance Adams, Richard Woods and Leonard Stallworth discriminated against him because of his race, in violation of 42 U.S.C. §§ 1981 and 1983. The district court granted summary judgment for the defendants, and

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Marilyn Mc Donough v. Patrick R. Donahoe, Postmaster General

THOMPSON, Circuit Judge. Plaintiff-appellant Marilyn McDonough ("McDonough") appeals the district court's grant of summary judgment in favor of her employer on her disability based hostile work environment claim under the Rehabilitation Act, 29 U.S.C. § 794(a). Discerning no error, we affirm the judgement of the district court.

I. BACKGROUND

McDonough began working for the United St

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Julie A. Smith v. LaFayette Bank & Trust Company

Julie Smith sued Lafayette Bank & Trust Company (“Bank”), alleging age discrimination and retaliation in violation of the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §§ 621 et seq. The Bank thereafter filed a counterclaim against Smith, alleging breach of the Indiana Trade Secrets Act, Indiana Code §§ 24-2-3-1 et seq., civil and criminal conversion regarding the Ba

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John Nesson v. Horthern Inyo County Local Hospital District

Plaintiff John Nesson, a radiologist, sued defendant Northern Inyo County Local Hospital District (Hospital) after the medical executive committee (MEC) summarily suspended his medical staff privileges and the Hospital terminated his contract to provide radiology services. Nesson‟s complaint seeks damages for breach of contract, retaliation, and discrimination. Nesson appeals from an order and j

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Deborah Cook v. IPC International Corporation

The plaintiff sued the defendant for sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The case was tried to a jury, which returned a verdict in favor of the defendant. The plaintiff appeals from the judgment entered by the district court in conformity with the verdict and from the district court’s denial of her motion under Fed. R. Civ. P. 59 for a ne

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Stephen Michael Mayers v. Volt Management Corp.

Plaintiff Stephen Michael Mayers filed a lawsuit against his former employer, Volt Management Corp., and its parent corporation, Volt Information Sciences, Inc. (collectively referred to as defendant), alleging several claims under the California Fair Employment and Housing Act (Gov. Code, § 12940 et seq.) (FEHA). Defendant filed a motion to compel arbitration based on plaintiff‟s agreement to

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Yvette Brown v. County of Los Angeles

Defendant and appellant County of Los Angeles (County) appeals from the judgment entered in favor of plaintiff and respondent Yvette Brown (Brown) after a jury returned a special verdict in Brown‟s favor on her claims for retaliation and for wrongful termination in violation of public policy. The County contends the trial court erred by excluding evidence that Brown‟s employment as a psycholog

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Lena Gibson v. American Greetings Corporation

James and Lena Gibson, husband and wife, appeal the district court’s1 grant of summary judgment in favor of American Greetings Corporation (“AGC”) on their race and age discrimination, and retaliation claims. We affirm.

I

Lena Gibson, an African-American female, has worked at AGC since January 1975 in a number of departments, performing a variety of job duties, and is curre

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Keith Jones v. United Parcel Services, Inc.

In this diversity action, Defendant United Parcel Service, Inc. (“UPS”) appeals following a jury verdict awarding Plaintiff Keith Jones (“Jones”) over $2.5 million in actual and punitive damages based on UPS’s retaliatory discharge in violation of Kansas common law. See Gonzalez-Centeno v. N. Cent. Kan. Reg’l Juvenile Det. Facility, 101 P.3d 1170, 1173 (Kan. 2004) (describing common la

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Tony Hulstein v. Drug Enforcement Admin.

Appellee Tony Hulstein brought suit under the Freedom of Information Act (FOIA), 5 U.S.C. § 552, against appellant Drug Enforcement Administration (DEA) seeking unredacted versions of two DEA reports. The DEA now appeals the district court’s order partially granting summary judgment in favor of Hulstein. For the following reasons, we reverse.

I. BACKGROUND

In 2009, Hulstein was ch

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Ani Chopourian v. Catholic Healthcare West d.b.a. Mercy General Hospital and Mercy General Hospital

Plaintiff, Ani Chopourian, age 45, worked as a Cardiac Surgery Physician Assistant in the Cardio Vascular Operation Department of CHW’s Mercy General and Mercy San Juan Hospitals. Ms. Chopourian worked for the hospital from August 2006 until her termination on August 7, 2008. Cardiac Surgery Physician Assistants work with heart surgeons during open heart surgery by harvesting vein/artery, posi

More...   $167720000 (03-14-2012 - CA)

Barbara Swehla v. Montana Department of Labor and Industry

Barbara Swehla sued the Montana Department of Labor and Industry on a wrongful discharge theory claiming that she was terminated in retaliation for expressing concerns about some licensed nurses providing nursing services not authorized by the licenses. Based on her interpretation of Montana law, Family Nurse Practitioners practicing in an acute-care settings might be acting illegally in caring f

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Mary Sisk v. Picture People, Inc.

Mary Ellen Sisk sued her former employer The Picture People, Inc. for retaliation in violation of the Family and Medical Leave Act, 29 U.S.C. § 2615(a)(2). At the close of her case-in-chief, the district court granted Picture People’s motion for judgment as a matter of law. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

In March 2000, Sisk began with Picture People as a

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Daniel L. Balsam v. Trancos, Inc.

Defendant Trancos, Inc. (Trancos) appeals from a judgment awarding statutory damages and attorney fees to plaintiff Daniel Balsam under Business and Professions Code1 section 17529 et seq. (Anti-spam Law). Balsam cross-appeals from portions of the judgment denying him relief under the Consumers Legal Remedies Act, Civil Code section 1750 et seq. (CLRA), and finding Trancos‘s chief executive offi

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Kim Baldwin v. City of Atlantic City

Former Atlantic City Solicitor Kim Baldwin sued the City of Atlantic City on a wrongful termination theory claiming that she was terminated in retaliation for attempting to collect get $850,000 awared to City Council President William "Speedy" Marsh and former Mayor Lorenzo Langford.

The City denied wrongdoing.

More...   $1200000 (02-25-2012 - NJ)

Phyllis Nairn v. Killeen Independent School District

Appellant Phyllis Nairn (hereinafter “Appellant” or “Nairn”) brought a whistleblower suit against Killeen Independent School District (“KISD” or “the District”) claiming that KISD demoted her from her position as Special Education Coordinator to teacher, and ultimately did not renew her term contract with the District. Subsequently, on July 3, 2008, she amended her petition to inc

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Lena Ajamian v. CantorCO2E, L.P.

CantorCO2e, L.P. and Joshua Margolis appeal from an order denying their petition to compel arbitration of respondent‟s claims under the Federal Arbitration Act. (9 U.S.C. §§ 1-16.) They contend: (1) the arbitration panel, rather than the court, should have decided whether the arbitration provision in respondent‟s employment agreement was unconscionable; (2) respondent failed to establish tha

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South Texas College v. Curtis Roberson

This appeal involves the trial court’s denial of a plea to the jurisdiction alleging lack of subject-matter jurisdiction over appellee Curtis Roberson’s lawsuit against appellant South Texas College (―STC‖) for breach of contract, wrongful termination, and breach of fiduciary duty. We reverse and render in part and reverse and remand in part.

I. BACKGROUND1

Beginning in A

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Virginia Stewart v. Town of Watertown

The principal issue in this appeal is whether a town clerk is entitled to receive continued salary payments as a matter of law while he or she is not performing his or her statutory duties as town clerk, but has not been removed from office pursuant to statute.

The defendants, the town of Watertown (town), and certain of its duly elected or appointed officials,1 appeal2 from the judgment of

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Robert S. Johnson v. GDF, Inc. d/b/a Domino's Pizza

When a prevailing party is entitled to “a reasonable attorney’s fee,” see, e.g., 42 U.S.C. § 1988; 29 U.S.C. § 216(b), the district court must make that assessment, at least initially, based on a calculation of the “lodestar”—the hours reasonably expended multiplied by the reasonable hourly rate—and nothing else.

See Pickett v. Sheridan Health Care, ___ F.3d ___, No. 11-2146

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William J. Hunt v. County of Orange

The day after his scandal-ridden third election to the position of Orange County Sheriff-Coroner, Michael Carona placed on administrative leave William Hunt, a former lieutenant officer with the Orange County Sheriff’s Department (OCSD), who had dared to enter the race and campaign against Carona’s alleged culture of corruption. Carona then demoted Hunt, an action that prompted Hunt to file th

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Gabrielle Valdez v. Brent McGill

Gabrielle Valdez, acting as the personal representative of the estate of Doyle “Rocky” Brown, appeals from the district court’s summary judgment for appellees Brent McGill and Mueller Supply Company on claims related to Brown’s discharge. She contends the district court erred because there were genuine issues of material fact which preclude summary judgment on both her: (1) Americans with

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Joseph Harrington v. Aggregate Industries-Northeast Region, Inc.

The "Big Dig" is a massive highway project, built largely with federal funds, which has transformed vehicular travel in the city of Boston. Defendant-appellee Aggregate Industries - Northeast Region, Inc. (Aggregate) supplied concrete needed to construct the project. On various occasions, Aggregate surreptitiously substituted substandard material for the concrete required by its contract specifica

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R. Scott Phelan v. H. Scott Norville

Plaintiff–Appellant Scott Phelan was a tenure-track professor at Texas Tech University who was given a non-reappointment notice and a terminal contract before achieving tenure. He sued Texas Tech and separately sued several Texas Tech employees in Texas state courts, and his suit against the employees was removed to federal court after he added federal claims. On appeal, he alleges that the defe

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