Retaliation Law
 
Danny Wayne Martin v. Amanda JoAnn Parris

Danny Wayne Martin appeals from a final protective order entered in favor of his ex-girlfriend Amanda JoAnn Parris after a finding of family violence. In his pro se appeal, Martin complains that the trial court erred in “dismiss[ing]” the public defender from representing him in the underlying civil proceeding. Martin alleges that lack of counsel forced him to violate his Fifth Amendment rig

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Mary Angela Cafasso v. General Dynamics

In this False Claims Act (“FCA”) appeal, relator Mary Cafasso challenges orders of the district court dismissing her qui tam complaint, rejecting her proposed amended pleading, granting summary judgment on remaining claims, and awarding attorneys’ fees.1 We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Cafasso alleges that her former employer General Dynamics C4 Syst

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Amy Silverman v. Board of Education of the City of Chicago

Amy Silverman sued the Board of Education of the City of Chicago alleging that the Board first discriminated against her on the basis of her pregnancy and then retaliated against her for filing a charge with the Equal Employment Opportunity Commission, both in violation of Title VII of the Civil Rights Act of 1964 as amended by the Pregnancy Discrimination Act.

From July 2004 until May 20

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Kenneth O. Kennedy v. City of Villa Hills, Kentucky

Kenneth O. Kennedy was embroiled in a zoning dispute about the expansion of a strip mall next to his home. In May 2005, he approached Joseph Schutzman, a police officer and building inspector, in the Villa Hills city building. Refusing to speak to Kennedy, Schutzman left the city building. Kennedy told nearby city workers in the building that “that son of a bitch [Schutzman] broke all of the zon

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John M. Shanahan v. State Farm General Insurance Company

Cheryl Skigin sued her employer John M. Shanahan and companies owned by him for sexual harassment, gender discrimination, marital status discrimination, religious discrimination, retaliation, sexual battery, breach of oral contract, fraud and deceit, breach of written contract, and wrongful termination. Shanahan settled the lawsuit for $700,000.

Shanahan had a renter‟s insurance policy an

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Tommy Durant v. MillerCoors, L.L.C.

After MillerCoors, LLC, terminated Tommy Durant’s employment for sexual harassment of a female coworker, he filed an action claiming gender discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. He also claimed he was terminated in retaliation for his 2002 complaint under the Uniformed Services Employment and Reemployment Right

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Arthur Ray Wilson v. Moulison North Corporation

This appeal has its genesis in the plaintiff's complaint that coworkers created a workplace permeated by racially discriminatory taunts. The pivotal issues implicate two important aspects of employer liability: the appropriateness of disciplinary action taken in response to an initial complaint of harassment and the reporting requirement that must be satisfied to trigger a duty to take remedial ac

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John Mathews v. Denver Newspaper Agency, L.L.P.

I. Introduction

This case concerns the efforts of John Mathews, formerly a unionized employee of Denver Newspaper Agency, LLP (the “Agency”), to litigate certain statutory employment discrimination claims despite having previously arbitrated similar contractual claims to a final, adverse determination. Believing the Supreme Court’s recent decision in 14 Penn Plaza LLC v. Pyett, 129 S.

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Kristina Frederick v. Oldham Emergency Medical Services

A former Oldham County paramedic who claimed she was sexually harassed by her boss while working for Oldham Emergency Medical Services has lost her lawsuit in U.S. District Court.

A jury ruled Wednesday in favor of the Oldham County Ambulance Taxing District, the lone remaining defendant in the suit filed in 2008 by Kristina Frederick.

Frederick alleged that former EMS director L

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Diane L. Sanders v. City of Newport

Diane Sanders, a former employee of the City of Newport (“the City”), sued the City when it refused to reinstate her after she took an approved medical leave. In her complaint, Sanders alleged that the City violated the Family and Medical Leave Act of 1993 (“FMLA”), the Oregon Family Leave Act (“OFLA”), and other state and federal laws when it failed to reinstate her after she took FML

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Eric Flynn Gross v. PPG Industries, Inc.

Eric Flynn Gross sued his employer, PPG Industries, Inc., alleging that PPG’s handling of his military deployment violated the Uniformed Services Employment and Reemployment Act (“USERRA”), 38 U.S.C. §§ 4301-35. As relevant here, Gross alleged that PPG unlawfully calculated his pay while he was deployed and refused to rectify its error. Gross and PPG filed cross-motions for summary judgmen

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Tina Murray v. Southwest Missouri Drug Task Force

Appellant unsuccessfully sued her employers (collectively “Respondents”) for sexual discrimination and retaliation in violation of the Missouri Human Rights Act (“MHRA” or “Act”).1 She raises six claims of error on evidentiary issues and a seventh point involving court costs.

Background

Viewing the record favorably to the result, and without detailing the facts at len

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Selim Zherka v. Philip Amicone

Under the law of this Circuit, the viability of a prima
16 facie First Amendment retaliation claim depends on context.
17 Private citizens alleging retaliation for their criticism of
18 public officials must show that they engaged in protected
19 speech, persons acting under color of state law took adverse
20 action against them in retaliation for that speech, and the
21 re

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Nancy Diello v. John E. Potter

Appellant Nancy Diello appeals from the judgment
16 entered on March 17, 2010 by the United States District
17 Court for the Western District of New York (Larimer, J.),
18 which granted appellees’ motion for summary judgment on
19 Diello’s age discrimination and retaliation claims, brought
20 pursuant to the Age Discrimination in Employment Act (ADEA),
21 29 U.S.C. §§

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Mindy Slater v. Energy Services Group International, Inc.

Appellant Mindy Slater appeals from the dismissal of her claims brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (Title VII), the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01, et seq. (FCRA), and the Florida Whistleblower Act, Fla. Stat. § 448.102 (FWA), against Energy Services Group International (ESGI), her former employer. Slater claims that

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Chad Leroy Lisdahl v. Mayo Foundation

Chad Leroy Lisdahl, a veteran, sued Gold Cross Ambulance, a part of the Mayo Foundation for Medical Education and Research, and David B. Johnson, his supervisor at Gold Cross, alleging workplace discrimination and constructive discharge on the basis of veteran status, in violation of the Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§4301-4335 (“USERRA”). Michael T.

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Kevin Loudermilk v. Best Pallet Company, L.L.C.

Kevin Loudermilk worked at Best Pallet Company, where his principal task was to disassemble pallets and stack the wood for reuse. Multiple employees worked simultaneously on a “teardown machine.” Laborers at one end broke pallets into pieces, which were passed to others for stacking. Loudermilk contends that each side of the machine in the stacking area should have had at least two workers, bu

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Ivan Hernandez v. Cook County-Sheriff's Office

The defendants, officers of the Cook County Sheriff’s Office (CCSO) and the Sheriff’s Office itself, appeal from a denial of summary judgment sought on grounds of qualified immunity. We reverse the denial of summary judgment and remand for reconsideration of the qualified immunity defense.

I. Facts and Procedural History

A. Factual Background

The event immediately precipit

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Laura J. Ashbury v. Linda Tucci Teodosio

Plaintiff-Appellant Laura Ashury alleges that the district court erred in granting Defendants-Appellees summary judgment on her claims that she was terminated in retaliation for the exercise of her First Amendment rights. Asbury fails to demonstrate that her association or her speech were constitutionally protected and, consequently, she cannot make out a prima facie case for retaliation. We AFFIR

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Dina T. Amanduron v. American Airlines

Plaintiff-Appellant, Dina T. Amanduron, proceeding pro se, brought suit against her employer, Defendant-Appellee American Airlines, Inc., alleging race and disability discrimination and retaliation. Finding that the district court committed reversible error in failing to provide the pro se plaintiff an opportunity to amend her complaint, we VACATE and REMAND.

I. PROCEDURAL HISTORY

Di

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George Hernandez v. Metropolitan Atlanta Rapid Transit Authority (MARTA), et al.

George Hernandez sued the Metropolitan Atlanta Rapid Transit Authority (MARTA) on civil rights violation and retaliation theories under 42 U.S.C. 2000e theories claiming that he was retaliated against after he filed a discrimination complaint. Hernandez filed a discrimination compalit in 2007, MARTA withdrew an acting precinct commander position it had offered him. He was not interviewed for futu

More...   $700000 (03-04-2011 - GA)

Rafael Perez v. Spring Branch Independent School District

This case arises from an employment dispute. Rafael Perez was an assistant principal employed by Spring Branch Independent School District (“the District”) for almost two years. In June of 2006, after Perez was placed on administrative leave, he resigned. Perez then filed suit alleging discrimination, disability, retaliation, and harassment. Perez, who is pro se, brings this appeal from th

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City of El Paso v. Irene Granados

The City of El Paso (the “City”) appeals from an order denying its plea to the jurisdiction and motion for summary judgment. Appellee, is a former city employee who filed the underlying suit alleging sexual discrimination and retaliation. The City contends the trial court lacks jurisdiction over the suit because Ms. Granados failed to timely initiate, and did not exhaust her administrative re

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Judith Carrie Rusak v. Ryan Automotive, L.L.C. and Nilesh Kotesha, a/k/a Neil Kotesha

At trial, the jury awarded plaintiff Judith Carrie Rusak compensatory damages based upon defendants' violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (the LAD). The sole issue presented on appeal is whether the trial judge erred by not submitting plaintiff's punitive damages claim to the jury. Having considered the arguments raised in light of the record and applicable legal sta

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Selwyn Young v. Los Angeles City College

Selwyn Young sued Los Angeles City College on civil rights and wrongful termination theories claiming that he was fired for reporting that he had been subject to racial discrimination and sexual harassment and then fired in retaliation for the reporting it.

Defendant claimed that Young was fired because he breach protocols and not because his his accusations of racism.

More...   $0 (02-19-2011 - CA)

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AK Morlan
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