Ken Hamlin v. Hampton Lumber Mills, Inc. |
In this case, plaintiff was injured while working at defendant's mill. When plaintiff was released to return to work, defendant refused to reinstate him as required by ORS 659A.043, falsely asserting that he was a "safety risk." A jury awarded plaintiff lost wages of $6,000 and punitive damages of $175,000. On appeal, the Court of Appeals held that the punitive damages award was "grossly excess $0 (01-06-2011 - OR) |
Gina M. Holmes v. Petrovich Development Company, LLC |
Plaintiff Gina Holmes appeals from the judgment entered in favor of defendants Petrovich Development Company, LLC and Paul Petrovich in her lawsuit for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress.1 She contends that the trial court erred in granting defendants‟ motion for summary adjudication with respe $0 (01-13-2011 - CA) |
Shane Dawson v. Entek International |
Shane Dawson (Dawson), a male homosexual, appeals the district court’s grant of summary judgment in favor of his former employer, Entek International (Entek), on claims of discrimination arising from his termination. Entek is an Oregonbased company that manufactures polyethylene battery separators. On appeal, Dawson argues that the district court erred when it applied the McDonnell Douglas Corp. $0 (01-11-2011 - OR) |
Beth Perkins v. Township of Clayton |
This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol $0 (01-04-2011 - MI) |
Edward G. Smith v. Borough of Dunmore |
Edward Smith appeals the order of the United States District Court for the Middle District of Pennsylvania granting summary judgment against him on his due process claims under 42 U.S.C. § 1983 and on his state law defamation and right of privacy claims. Smith also appeals the District Court’s judgment as a matter of law on his claim for punitive damages arising from a § 1983 retaliation claim $0 (01-05-2011 - PA) |
Rodney Earl Williams v. Rick Thaler, et al. |
Rodney Earl Williams (pro se) appeals the dismissal of his lawsuit against Rick Thaler, Cheryl Lawson, Eileen Kennedy, John P. Werner, Billy J. Reeves and Linda D. Ebner (collectively referred to as Thaler). An inmate, Williams, sued those individuals alleging retaliation, conspiracy, racial discrimination, harassment, and cruel and unusual punishment. Leave was sought to prosecute his claim as $0 (01-03-2011 - TX) |
Avery Hutcheson v. Electronic Data Access Technologies, Inc. |
Avery Hutcheson (“Hutcheson”) appeals from the trial court’s dismissal of his case for failure to prosecute. Hutcheson contends the trial court erred: (1) in dismissing his Missouri Human Rights Act claims without prejudice and without notice and opportunity to be heard, and (2) in denying his unopposed motion to vacate the dismissal for failure to prosecute without a hearing. We reverse and $0 (12-21-2010 - MO) |
Alonzo Echols v. The City of Riverside, Missouri |
Alonzo Echols appeals the judgment of the trial court. For the reasons set forth herein we affirm in part and reverse in part. |
Gary Anderson v. International Association of Operative Millers |
Gary Anderson appeals the trial court’s grant of summary judgment in favor of the International Association of Operative Millers (“IAOM”) on his retaliatory discharge claim. On appeal, Anderson contends that the trial court erred in granting IAOM’s motion for summary judgment because genuine issues of material fact existed as to whether: (1) Anderson’s report of a potential antitrust vio $0 (12-21-2010 - MO) |
Beth Perkins v. Township of Clayton; Rod Shumaker |
This appeal takes us into the heart of local politics, and what appears to be a bitter dispute between Beth Perkins, the former elected treasurer of Clayton Charter Township in Michigan and the Township’s other officials. Perkins asserts that the Township, and specifically Rod Shumaker, the Township’s supervisor, retaliated against her for exercising her First Amendment rights. However, we hol $0 (01-04-2011 - MI) |
Floride Norelus a.k.a. Lavictore Remy v. Denny's Inc. |
No one’s memory is perfect. People forget things or get confused, and anyone can make an innocent misstatement or two. Or maybe even three or four. But not 868 of them. In this case, the plaintiff’s attorneys, William and Karen Amlong, filed a sixty-three page errata sheet containing 868 attempted changes to their client’s deposition testimony, which was the sole source of evidentiary suppor $0 (12-28-2010 - FL) |
Ysauro R. Munoz v. Raymond Edwin Mabus, Jr. |
Ysauro Munoz appeals an adverse summary judgment ruling on two claims arising from a single dispute over whether a Title VII predetermination settlement agreement required the Navy to provide him a particular type of training. Munoz foremost brings a breach of contract action, over which the district court lacked subject matter jurisdiction, and we therefore vacate summary judgment on Count 1 and $0 (12-27-2010 - HI) |
Latif Khan v. Edward Bland, Housing Authority of Champaign County |
Latif Khan is a landlord in Champaign, Illinois, who began renting properties under the Section 8 Housing Choice Voucher Program in 1993 through the Housing Authority of Champaign County (HACC). Khan’s relationship with the HACC began to deteriorate in 2005 when Khan evicted a Section 8 tenant from one of his units and Edward Bland, the executive director of HACC, became aware that Khan had ente $0 (12-23-2010 - IL) |
Hitchcock Independent School District v. Doreatha Walker |
Appellant Hitchcock Independent School District appeals the trial court’s denial of its plea to the jurisdiction, arguing that appellee Doreatha Walker failed to comply with the statutory prerequisites of the Texas Whistleblower Act. See Tex. Gov’t Code Ann. §§ 554.005–.006 (Vernon 2004). In two issues, HISD contends that the trial court erred in denying its plea to the jurisdiction beca $0 (12-16-2010 - TX) |
Tarrant Regional Water District v. Tamara Villanueva |
In two issues, Appellant Tarrant Regional Water District (Tarrant) appeals the denial of its partial plea to the jurisdiction, asking this court to determine whether Chapter 21[1] of the Texas Labor Code should be read to automatically incorporate the provisions of the federal Lilly Ledbetter Fair Pay Act of 2009 (the Ledbetter Act).[2] We reverse and remand. |
Chad Wilson v. Noble Drilling Services, Inc. |
Chad Wilson (“Wilson”), brought suit against his employer, Noble Drilling Services, Inc. (“Noble”), alleging that he was discharged in violation of the Family Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-54, and that Noble is liable for breach of contract under state law. The district court granted summary judgment in favor of Noble on both claims. We AFFIRM. |
Lula M. Henry v. New Jersey Department of Human Services |
In Montells v. Haynes, 133 N.J. 282 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285. In this case we exami $0 (12-10-2010 - NJ) |
Daniel Dixon v. The Hallmark Companies, Inc. |
Mary Sharon and Daniel Dixon appeal the district court’s order granting summary judgment to their former employer, Hallmark Management, Inc., on their claims of religious discrimination, retaliation, and failure to accommodate religious beliefs in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and retaliation and housing discrimination in violation of the Fa $0 (12-09-2010 - FL) |
Clayton Harmstron v. City of San Francisco |
The district court sanctioned police officer Andrew Cohen and attorney Waukeen Q. McCoy (collectively, “Cohen”) in 2007 for violating the court’s discovery protective order. After the district court remanded the case to state court in 2008, and after the state court entered judgment, Cohen appealed the district court’s sanctions order in 2009. We are first asked to decide whether the reman $0 (12-10-2010 - CA) |
Loretta Thompson v. CenturyTel of Central Arkansas |
Appellant Loretta Thompson claims the district court1 erred in granting summary judgment in favor of her employer, CenturyTel, on her Family and Medical Leave Act (“FMLA”) interference claim. However, the record establishes that the district court did not err in determining that CenturyTel discharged Thompson for violating the company’s call-in policy. Thus, we affirm. |
Becky Kurka v. Iowa County |
Becky S. Kurka appeals the district court’s1 denial of her motion to extend time to effect service of summons pursuant to Fed. R. Civ. P. 4(m), and the grant of Iowa County, Iowa, and the Iowa County Sheriff’s Department’s (collectively, the County) motion to dismiss. Kurka contends an extension was warranted because the Clerk of the United States District Court for the Northern District of $0 (12-15-2010 - IA) |
Eileen Ahern v. Eric K. Shinseki |
In the last half-century, Congress has enacted a safety net of antidiscrimination laws designed to protect workers' rights. These laws serve salutary purposes, but they are not intended to function as a collective panacea for every work-related experience that is in some respect unjust, unfair, or unpleasant. This case, which involves the introduction of an abrasive supervisor into a workplace acc $0 (12-13-2010 - RI) |
Estate of Paulette Hamilton v. The City of New York |
Plaintiffs-appellants Gamal Hanna, Nivine Elsharouny, Subhash Naik, and the Estate of Paulette Hamilton1 appeal from a judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge), dismissing, with prejudice, their complaint against defendants-appellees Scott O’Neill and the City of New York. Plaintiffs brought suit for employment discrimination under Ti $0 (12-03-2010 - NY) |
Phenel Mondesir v. Luby's Restaurants |
Phenel Mondesir appeals from an order granting final summary judgment in favor of Luby’s Restaurants, Limited Partnership. In his sole issue, Mondesir argues that his uncontroverted evidence raised genuine questions of material fact. Because Mondesir did not preserve his objection to the evidence submitted in support of the summary-judgment motion, and because he failed to adequately brief the $0 (12-09-2010 - TX) |
Mitchell Grobeson v. City of Los Angeles |
A jury rejected Mitchell Grobeson‟s claims that the City of Los Angeles (City) and Daniel Watson unlawfully retaliated against Grobeson in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) and Labor Code section 1101 et seq.; that City and Watson unlawfully discriminated against Grobeson and harassed him in violation of the aforesaid statutes; that City constr $0 (12-02-2010 - CA) |
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