Retaliation Law
 
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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Lawrence Hecimovich v. Encinal School Parent Teacher Organization

A recent Google search for ―youth sports‖ showed 379,000,000 results. ―Safety in youth sports,‖ 66,800,000. ―Problem parents in youth sports,‖ 21,600,000. And ―problem coaches in youth sports,‖ 108,000,000. Subjects of tremendous interest.

Plaintiff Lawrence Hecimovich, by profession an attorney, was in 2008-2009 the volunteer basketball coach of a fourth grade basketball te

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Antonio M. Lacy v. Norris D. Jackson

Appellant, Antonio M. Lacy, sued appellees, Norris D. Jackson, Hernan Castillo, Jeremy Clark, Raymond Almendarez, and Rodolfo Ruiz, for negligence, conspiracy, and loss of property. The trial court dismissed Lacy’s suit pursuant to Chapter 14 of the Texas Civil Practices and Remedies Code. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 14.001–.014 (West 2002). By his sole issue, Lacy contends that

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Marcia Walden v. Centers for Disease Control and Prevention

Marcia Walden brought this action against Computer Sciences Corporation (“CSC”), the Centers for Disease Control and Prevention (“CDC”), and two CDC employees, Dr. Casey Chosewood and Christie Zerbe. Ms. Walden alleged that all defendants violated her free exercise rights under the First Amendment and the Religious Freedom Restoration Act of 1993 (“RFRA”), 42 U.S.C. § 2000bb et seq. S

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Donell Francois, Jr. v. City of New Roads

Donell Francois, Jr. brought suit against the City of New Roads, Louisiana, the City’s police chief, and individual police officers for violation of his civil rights. The district court granted the defendants’ motion for summary judgment. We AFFIRM.

Pursuant to 5TH CIR. R. 47.5, the court h * as determined that this opinion should not be published and is not precedent except under the l

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Fedwa Khalik v. United Air Lines

This is an employment-discrimination case the district court dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff Fedwa Khalik appeals the dismissal, and we affirm.

Plaintiff is an Arab-American, born in Kuwait, who practices Islam. Defendant United Air Lines hired her in 1995, and she rose to the position of Business Services Representative

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Jaamie S. v. Milwaukee Public Schools

We are asked in these consolidated appeals to review multiple procedural and substantive orders in a long-running class-action lawsuit seeking structural reform of special education in the Milwaukee public school district. Under the Individuals with Disabilities Education Act (the “IDEA” or “the Act”), 20 U.S.C. §§ 1400 et seq., the States receive federal funding for the education of dis

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Gary Schubert v. Pfizer, Inc.

Gary Schubert, a former Pfizer, Inc., pharmaceutical sales representative, brought suit against Pfizer and his former district managers, Paul Plofchan and Mike Lynch (collectively, “Pfizer”), alleging age discrimination, harassment, and retaliation. The district court dismissed 1 Schubert’s case as a sanction for repeated discovery violations. On appeal, Schubert contends the district court

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Amber Parker v. Franklin County Community School Corporation

A packed gymnasium, cheerleaders rallying the fans, the crowd on their feet supporting their team, and the pep band playing the school song: these are all things you might expect to see at an Indiana high school basketball game on a Friday night. The crowd becomes part of the game; they provide motivation, support, and encouragement to the players. After all, what would a spectator sport be withou

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Fannie Moten v. Warren Unilube, Inc.

Fannie Moten appeals the district court’s 1 adverse grant of summary judgment in her action asserting that her former employer discriminated against her based on her age and gender, and unlawfully retaliated against her for complaining about a single incident with a co-worker, which involved offensive language. Upon careful de novo review, see Tusing v. Des Moines Indep. Cmty. Sch. Dist., 639 F.

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EEOC v. Product Fabricators, Inc.

The Equal Employment Opportunity Commission and Dennis R. Anderson agreed with Product Fabricators, Inc. to propose a decree to ensure compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-213; 47 U.S.C. §§ 225, 611. The district court rejected the proposed decree on the ground that the EEOC did not identify a basis for the court to continue jurisdiction over the case f

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Blessing N. Igwe v. Saint Anthony's Hospital

Blessing N. Igwe sued her former employer, Saint Anthony’s Hospital (“SAH”), alleging that SAH discriminated and retaliated against her, on the basis of her race and national origin, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, 42 U.S.C. § 1981, and state law. She also alleged that SAH terminated her in retaliation for filing a workers’ compensation cla

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Michael Riddle v. Dyncorp International Incorporated

The appellant brought a retaliation action against his former employer under the Federal False Claims Act 178 days after his termination. The district court, applying a 90-day limitations period borrowed from Texas state law, held that the appellant’s suit was untimely. We REVERSE the district court’s judgment and REMAND the case for further proceedings.

I.

Michael Riddle once se

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John Cherry v. Shaw Coastal, Inc.

Plaintiff John Cherry appeals the district court’s entry of judgment as a matter of law as to his claims of sexual harassment, retaliation, loss of overtime, and for punitive damages. We conclude that the district court correctly found that Cherry did not present sufficient evidence to support his claims for retaliation, loss of overtime and punitive damages, but that the evidence presented did

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Richard Gacek v. Owens & Minor Distribution

Richard Gacek appeals the decision of the district court1 granting summary judgment to defendants Owens & Minor Distribution, Inc. (“Owens & Minor”) and Marc Johnson on Gacek’s 42 U.S.C. § 1981 retaliation claim and to defendant 1The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

Gregory Mattson on Gacek’s state-law defamation claim. For the

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Jiuhong Yuan, M.D. v. The University of Texas Health Science Center

Dr. Jiuhong Yuan appeals the summary judgment of his suit against the University of Texas Health Science Center at Houston (UT Health) in which he alleged retaliation for having filed a report of sexual harassment. Yuan contends the summary judgment was error because he had established a prima facie case and there exist questions of material fact precluding summary judgment. We affirm.

Ba

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Curtis Sherrod v. Dr. Arthur Johnson

Curtis Sherrod filed this action against the defendants pursuant to 42 U.S.C. § 1983 claiming that he was terminated as a teacher and employee of the Palm Beach County School District in retaliation for exercising his First Amendment rights. At all relevant times, Arthur Johnson was Superintendent of Schools, and Gloria Crutchfield served as Principal of Roosevelt Middle School where Sherrod was

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Felicia Reyes v. Macy's, Inc.

Plaintiff and respondent Felicia Reyes has moved to dismiss the appeal of defendants Macy‟s, Inc., Macy‟s West Stores, Inc., and Jan Noll (collectively Macy‟s). The appeal is from an order granting Macy‟s motion to compel arbitration of plaintiff‟s individual claims but denying the request to dismiss class allegations and plaintiff‟s claim under the Labor Code Private Attorneys General

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Doris Keeton v. Morningstar, Inc.

Doris Keeton filed an employment discrimination suit against her employer, Morningstar, Inc., alleging race discrimination and retaliation in violation of 42 U.S.C. § 1981 and 42 U.S.C. § 2000e, et seq. Keeton failed to file a timely response to Morningstar’s motion for summary judgment, and the court granted judgment in favor of Morningstar. Keeton contends that the court erred in refusing to

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