Retaliation Law
 
Joseph Amore v. Andrew Novarro

Defendant-Appellant Andrew Novarro, an Ithaca, New
4 York, police officer, appeals from that part of a memorandum
5 decision and order dated March 28, 2008, by the United States
6 District Court for the Northern District of New York (Frederick
7 J. Scullin, Jr., Judge) denying his motion for summary judgment
8 on a false arrest claim brought by plaintiff-appellee Joseph
9 A

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Tristan Bonn v. City of Omaha

Tristan Bonn was terminated from her position as the Public Safety Auditor for the City of Omaha after she published a report criticizing the Omaha Police Department (“OPD”). Bonn filed suit in Nebraska state court against the City of Omaha, former Mayor Mike Fahey, and the former Mayor’s Chief of Staff Paul Landow (collectively, “appellees”). Bonn asserted a claim under Title VII of the

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Shelia Denise Smith v. Fairview Ridges Hospital

Shelia Smith appeals the district court’s1 adverse grant of summary judgment on her discrimination claims against her former employer, Fairview Ridges Hospital (“Fairview”). Smith contends that Fairview constructively discharged her after subjecting her to a hostile work environment and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17.

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Shelly Evans-Marshall v. Board of Education of the Tipp City Exempted Village School District

Does a public high school teacher have a First (and Fourteenth) Amendment right “to select books and methods of instruction for use in the classroom without interference from public officials”? Yes, says the teacher, Shelley Evans-Marshall. No, says the Tipp City Board of Education. Because the right to free speech protected by the First Amendment does not extend to the in-class curricular spe

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Fran Howell v. New Mexico Department of Aging & Long Term Services, Adult Protective Services Division

In this employment discrimination case, Fran Howell appeals from a district court order that granted summary judgment to her former employer, the Adult Protective Services Division of the New Mexico Department of Aging & Long Term Services (APSD). She also seeks to proceed on appeal in forma pauperis (IFP).1 We have jurisdiction under 28 U.S.C. § 1291, deny IFP status, and dismiss the appeal.

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Marcellus H. Baker, Sr. v. Target Corporation

Marcellus H. Baker, Sr., proceeding pro se, appeals the dismissal of his claim against his former employer, Target Corporation, for failure to state a claim. We affirm.

Mr. Baker was formerly employed by Target as a Bike Specialist. He alleges that Target discriminated against him from April 1, 2009, until June 16, 2009. Further, he claims that on April 22, 2009, he was wrongly accused of f

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Altus Gardner v. Sears Holdings Corporation

Altus Gardner filed a civil rights complaint against the defendant companies asserting federal claims for race discrimination, age discrimination, and retaliation, as well as various state employment law claims. The district court granted summary judgment in favor of all defendants on all claims.1 Mr. Gardner now appeals from the district court’s decision.

We have jurisdiction under 28

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Martha Ellerbrook v. City of Lubbock

Martha Ellerbrook sued the City of Lubbock under the retaliation provision of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000e-3(a) claiming that the City of Lubbock unlawfully retaliated against Ms. Ellerbrook by failing to hire her for a job for which she applied in 2006 and for which she was clearly the most qualified applicant, because she had assisted her spouse in pursuing

More...   $243000 (10-15-2010 - )

Emmanuel Noel v. The Boeing Company

Emmanuel Noel appeals from the District Court’s grant of summary judgment in The Boeing Company’s favor on his employment discrimination claim brought under Title VII of the Civil Rights Act of 1964. On appeal Noel argues that the Unless otherwise 1 noted, the following facts are derived from the District Court’s factual findings. recently enacted Lilly Ledbetter Fair Pay Act of 2009 renders

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Brian D. Kelly v. Borough of Carlisle

Brian Kelly appeals the District Court’s summary judgment in favor of police officer David Rogers and the Borough of Carlisle. Kelly filed a civil rights action, claiming that his First and Fourth Amendment rights were violated when he was arrested for filming Officer Rogers during a traffic stop.

The gravamen of Kelly’s appeal—that the District Court erred when it held that Officer R

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Claudia DiFolco v. MSNBC Cable, L.L.C.

Plaintiff-appellant Claudia DiFolco (“DiFolco”) appeals from so much of an order 3 entered on March 30, 2007, in the United States District Court for the Southern District of 4 New York (Preska, Ch. J.), as dismissed, for failure to state a claim pursuant to Fed. R. 5 Civ. P. 12(b)(6), her causes of action for breach of contract (and related New York Labor 6 Law violations), defamation, and to

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Tom Chenoweth v. City of Miami

¶1 Plaintiff/Appellant Tom Chenoweth (Plaintiff) seeks review of the trial court's order denying his motion to reconsider after the trial court granted the motion for summary judgment of Defendant/Appellee City of Miami (City) on Plaintiff's claim to damages for alleged negligent infliction of emotional distress and retaliation. In this accelerated review proceeding, Plaintiff challenges the tria

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Lourdes Ramirez v. Weller Wong

Two female tenants sued their landlord after the resident manager of their apartment building entered their apartment in their absence, opened their dresser drawer and removed and sniffed their underwear. The tenants alleged a single cause of action under the Unruh Civil Rights Act (Civ. Code, § 51) and other sections of the Civil Code that provide the right to be free from violence or intimidati

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Judith Ackley v. Raleigh & Ron Corporation

In this sexual harassment and retaliation suit, brought pursuant to the Michigan’s Elliott- Larsen Civil Rights Act, MCL 37.2101 et seq., a jury found defendant terminated plaintiff’s employment in retaliation for her complaints of sexual harassment in the workplace. The trial court entered a judgment in plaintiff’s favor, consistent with the jury’s verdict, awarding plaintiff $11,000 in n

More...   $0 (10-05-2010 - MI)

Benneth E. Okpala v. City of Houston

Benneth E. Okpala (Okpala) appeals the district court’s dismissal and grant of summary judgment for the City of Houston (City) on his Title VII retaliation claims and judgment as a matter of law for the City on his Title VII discrimination on the basis of national origin claim. We affirm.

I

Benneth E. Okpala is a native of Nigeria, and is a naturalized citizen of the United Sta

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Amir Faghri v. University of Connecticut

Defendants, the University of Connecticut, its president, Philip Austin, and its provost,
15 Peter Nicholls, appeal from the interlocutory order of the U.S. District Court for the District of
1 Connecticut (Bryant, J.) denying their motion for summary judgment on the basis of qualified
2 immunity on Plaintiff’s claims that Defendants unconstitutionally retaliated against him for his<

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Lauren Carter v. Jerry Cohen

Respondent Lauren Carter sued her landlord, appellant Jerry Cohen, alleging that her rent payments contravened the Los Angeles Rent Stabilization Ordinance (L.A. Mun. Code, ch. XV., art. I., § 151.00 et seq.) (RSO).1 After a jury found that Carter was entitled to damages of $11,590 for overpayment of rent, the trial court awarded her $25,575 in attorney fees under a fee-shifting provision of the

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Lynne Wang v. Chinese Daily News, Inc.

Chinese Daily News, Inc. (“CDN”), a Chinese-language newspaper, appeals the district court’s judgment in an action brought by some of its California-based employees under the federal Fair Labor Standards Act (“FLSA”) and under California law. The district court certified the FLSA claim as a collective action. It certified the state-law claims as a class action under Rule 23(b)(2) and, al

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Dafna Uzyel v. Neil Kadisha

Neil Kadisha served as the trustee of two trusts. The beneficiaries, Dafna Uzyel and her children Izzet and Joelle Uzyel (collectively the Uzyels), filed petitions for breach of trust against Kadisha and terminated the trusts. After a nonjury trial, the trial court awarded the Uzyels over $59 million in compensatory damages and disgorgement of profits, plus $5 million in punitive damages and over

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Letecia D. Brown v. Automotive Components Holdings, L.L.C. and Ford Motor Company

Letecia Brown, an assembly-line worker at a Ford Motor Company plant in Indianapolis, was terminated for being absent from work without properly following Ford’s leave policies and procedures. She filed suit for sex discrimination and retaliatory termination under Title VII and interference with her rights under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601 et seq. The distr

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Rudolph Nicholas Escher, Jr. v. BWXT Y-12, L.L.C.

Defendant-Appellee BWXT Y-12, LLC is the managing and operating contractor for the National Nuclear Security Administration (“NNSA”) at the Y-12 National Security Complex in Oak Ridge, Tennessee. The NNSA is a semi-autonomous agency within the Department of Energy. BWXT terminated Plaintiff-Appellant Rudolph Escher on September 22, 2005. Escher contends that he was terminated in retaliation fo

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David Eades v. Brookdale Senior Living, Inc.

Plaintiff David Eades appeals from an order of summary judgment entered against him on his claims of age discrimination and retaliation arising under the Age Discrimination in Employment Act (“ADEA”) and Title VII, along with concomitant state law claims under the Tennessee Human Rights Act. Eades brought this action after Brookdale Senior Living, Inc. (“Brookdale”) terminated his employme

More...   $0 (09-22-2010 - TN)

Astralis Condominium Association v. Secretary, United States Department of Housing and Urban Development (HUD)

Ours is a society in which people live, work, relax, and shop in apartment complexes, office towers, industrial parks, stadia, and malls that stretch as far as the eye can see. It is, therefore, unsurprising that a mundane artifact of modern life — the parking space — has become a prized possession.

This case illustrates the point. The complainants, believing themselves entitle

More...   $0 (09-24-2010 - PR)

Tommy Ray Hook v. Regents of the University of California d/b/a Los Alamos National Laboratory

Plaintiff-Appellant Charles Montaño appeals the district court’s grant of summary judgment to Defendants-Appellees Bani Chatterjee, Patrick Reed, Richard Marquez, John Bretzke, Vernon Brown, William Barr, and the Regents of the University of California, on Montaño’s claims of First Amendment retaliation under 42 U.S.C. § 1983, and his claims under the California Whistleblower Protection Act

More...   $0 (09-13-2010 - NM)

Astralis Condominium Association v. Secretary, United States Department of Housing and Urban Development

Ours is a society in which people live, work, relax, and shop in apartment complexes, office towers, industrial parks, stadia, and malls that stretch as far as the eye can see. It is, therefore, unsurprising that a mundane artifact of modern life — the parking space — has become a prized possession.

This case illustrates the point. The complainants, believing themselves entitl

More...   $0 (09-21-2010 - MA)

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AK Morlan
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