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Age Discrimination Law
 
Aldridge Winfrey v. City of Forrest City, et al. Federal Courthouse Eastern District of Arkansas - Little Rock, Arkansas

It is well-settled that the “plaintiff is the master of [his] complaint.” Holmes
Grp., Inc. v. Vornado Air Circulation Sys., Inc., 535 U.S. 826, 831 (2002) (internal
quotation marks omitted). Here, plaintiff Aldridge Winfrey charges in his complaint
that he was terminated by the Forrest City, Arkansas Police Department
(“Department”) as “retaliat[ion] . . . for exercising his right... More...
   $0 (02-18-2018 - AR)

John Doe v. Miami University, et al. Southern District of Ohio Courthouse - Cincinnati, Ohio

In the fall of 2014, John Doe and Jane Doe1 were students at Miami University, a public university located in Oxford, Ohio. The two students knew each other and had engaged in several consensual “physical encounters.” This
case arises from an incident between John and Jane on September 14, 2014. Both parties had
consumed alcohol, and John states that he was so intoxicated that he cannot re... More...
   $0 (02-16-2018 - OH)

Maranda Lynn O'Donnell v. Harris County, Texas, et al. Southern District of Texas Courthouse - Houston, Texas

Maranda ODonnell and other plaintiffs (collectively, “ODonnell”) brought a class action suit against Harris County, Texas, and a number of its officials—including County Judges,1 Hearing Officers, and the Sheriff (collectively, the “County”)—under 42 U.S.C. § 1983. ODonnell alleged the County’s system of setting bail for indigent misdemeanor arrestees violated Texas statutory and constitutional la... More...   $0 (02-15-2018 - TX)

Jon R. Deutsch v. Annis Enterprises, Inc. Western District of Texas Federal Courthouse - Austin, Texas

This is a companion case to Deutsch v. Travis County Shoe Hospital, Inc., No. 16-51431, 2018 U.S. App. LEXIS 2647 (5th Cir. Feb. 2, 2018) (per curiam) (unpublished). Here, as there, Jon Deutsch appeals the dismissal, for want of Article III standing, of his claims under the Americans with Disabilities Act (“ADA”). And here, as there, Deutsch appeals (1) the contempt order of the magistrate judge (... More...   $0 (02-15-2018 - TX)

Cathryn Stout v. Staff Sergeant Brad Vincent Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

We decide whether the district court erred when granting summary judgment in favor of a police officer on the racial profiling claims of a black couple. The district court found that the couple failed to raise any genuine issue
of material fact showing that the officer violated their equal protection rights
under the Fourteenth Amendment. We affirm.
Facts and Proceedings
Cathryn Sc... More...
   $0 (02-15-2018 - MS)

Keith Hancock, Tamera Thomas and Jason Dessingue v. The County of Rensselaer, Jack Mahar, Elaine Young, David Hetman Northern District of New York Federal Courthouse - Syracuse, NY

7 Appellants were employees of the Rensselaer County Jail. Their medical
8 records were secretly accessed without their permission by at least one other
9 employee at the Jail. They sued in the United States District Court for the
10 Northern District of New York, alleging violations of their right to privacy in
11 health information under the Fourteenth Amendment and of the Comput... More...
   $0 (02-13-2018 - NY)

Moira E. Teixeira v. Town of Coventry District of Rhode Island Federal Courthouse - Providence, Rhode Island

The McDonnell Douglas framework,
see McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-804 (1973),
has proven to be a useful tool in the adjudication of pretrial
motions (especially at the summary judgment stage) in
discrimination and retaliation cases. See, e.g., Burns v. Johnson,
829 F.3d 1, 8 (1st Cir. 2016) (discrimination); Henry v. United
Bank, 686 F.3d 50, 55 (1st ... More...
   $0 (02-12-2018 - RI)

Alejandro Menocal, et al. v. National Advocacy Center of The Sisters of the Good Shepherd, et al. District of Colorado Federal Courthouse - Denver, Colorado

This appeal addresses whether immigration detainees housed in a private contract
detention facility in Aurora, Colorado (the “Aurora Facility”) may bring claims as a class
under (1) 18 U.S.C. § 1589, a provision of the Trafficking Victims Protection Act (the
“TVPA”) that prohibits forced labor; and (2) Colorado unjust enrichment law.
The GEO Group, Inc. (“GEO”) owns and operates th... More...
   $0 (02-10-2018 - CO)

Brian Newton v. Parker Drilling Management Services, Ltd. Central District of California Federal Courthouse - Los Angeles, California

This case presents the novel question whether claims
under state wage and hour laws may be brought by workers
employed on drilling platforms fixed on the outer Continental
Shelf. Brian Newton worked on such a platform off the coast
of Santa Barbara. His shifts lasted fourteen days and he
regularly worked twelve hours per day. After Parker Drilling
(“Parker”) terminated him,... More...
   $0 (02-10-2018 - CA)

Sonny Low v. Trump University, LLC, ak/a Trump Entrepreneur Initiative and Donald Trump Southern District of California Federal Courthouse - San Diego, California

Trump University, now defunct, was a for-profit entity that purported to teach Donald J. Trump’s “secrets of success” in the real estate industry. During the 2016 presidential election, Trump University and Trump were defendants in three lawsuits alleging fraud and violations of various state and federal laws: two class actions in the Southern District of California, and a suit by the New York Att... More...   $0 (02-09-2018 - CA)

Juan D. Vega, Jr. v. United States of America, et al. Western District of Washington Federal Courthouse - Seattle, Washington

Juan Vega, Jr. was transferred from federal prison to a Seattle non-profit residential reentry center to complete the remainder of his prison sentence. There, he alleged that federal and private employees conspired to remove him from the halfway house known as Pioneer House, ostensibly based on his race and for asserting his First Amendment rights, by filing a false incident report. After his retu... More...   $0 (02-09-2018 - WA)

United States of America v. Randy Metcalf Northern District of Iowa Federal Courthouse - Dubuque, Iowa

A jury convicted Randy Joe Metcalf of committing a hate crime in violation of
the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, 18
U.S.C. § 249(a)(1) (the Act). The district cou 1 rt2 sentenced Metcalf to the statutory
maximum sentence of 120 months’ imprisonment. Metcalf appeals, arguing that the
Act is unconstitutional because Congress lacked the author... More...
   $0 (02-08-2018 - IA)

United States of America v. Cynthia Fletcher, et al. v. State of Mississippi and Simpson County School District Southern District of Mississippi - Federal Courthouse - Jackson, Mississippi

Since 1970, the Simpson County School District (“the District”) has been under a consent decree to monitor the District’s efforts to desegregate its school system. Students attending District schools (“the Intervenors”) intervened in the litigation in 1982, contending that the District had not properly complied with the consent decree. In 2015, the District moved for a finding of unitary status in... More...   $0 (02-06-2018 - MS)

Superior Communications, d/b/a Smile FM v. City of Riverview, Michigan Eastern District of Michigan Federal Courthouse - Detroit, Michigan

This appeal concerns a dispute over whether
Superior Communications can significantly expand and upgrade its radio broadcast equipment
>
No. 17-1234 Superior Commc’ns v. City of Riverview, Mich. Page 2
located on a telecommunications tower owned by the City of Riverview, Michigan. Though
Superior alleges violations of the Telecommunications Act and of its constitutional rights,... More...
   $0 (02-06-2018 - MI)

Judith Pinborough Zimmerman, Ph.D. v. University of Utah and Dr. William McMahon Utah Supreme Court of Utah - Salt Lake City, Utah

¶1 This case comes to us on certification from the United States District Court for the District of Utah. UTAH R. APP. P. 41. The certified questions are as follows:
1. Is the Free Speech Clause of the Utah Constitution self-executing? 2. If question 1 is answered in the affirmative, what are the elements of a claim brought under the clause? 3. Does an employee who receives notice that his or ... More...
   $0 (02-05-2018 - UT)

A.H. v. Illinois High School Association Northern District of Illinois Courthouse - Chicago, Illinois

A.H., a senior at Evanston Township
High School, is a member of the school’s track and field team
despite his physical limitations from spastic quadriplegia
related to cerebral palsy. During his junior year, he requested
that the Illinois High School Association (IHSA) create a
2 No. 17‐2456
separate division with different time standards for paraambulatory
runner... More...
   $0 (02-02-2018 - IL)

United States of America v. Ayman Jarrah, Land Guardian, Inc., d/b/a 360 Midtown Southern District of Texas Courthouse - Houston, Texas

Houston, TX - Justice Department Settles Discrimination Lawsuit Against Owners and Operators of Houston, Texas-Based Sports Bar

The Justice Department on February 1, 2018 announced it has reached a settlement to resolve a lawsuit alleging discrimination on the basis of race, color and national origin by Ayman Jarrah and Land Guardian Inc., the owners and operators of 360 Midtown, a sports... More...
   $0 (02-01-2018 - TX)

Anthony Knight v. State University of New York at Stony Brook Eastern District of New York Courthouse - Brooklyn, New York

Plaintiff Anthony Knight, an African‐American electrician, sued Defendant
State University of New York at Stony Brook (“Stony Brook”) for discrimination
and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.
3
§ 2000e et seq., when it terminated Knight’s employment after he reported racist
graffiti in a bathroom located at his worksite. At t... More...
   $0 (02-01-2018 - NY)

Lori Franchina v. City of Providence District of Rhode Island Federal Courthouse - Providence, Rhode Island

Sticks and stones may break
some bones, but harassment can hurt forever. "Cunt," "bitch,"
"lesbo": all are but a smattering of the vile verbal assaults the
plaintiff in this gender discrimination case, Lori Franchina, a
former lieutenant firefighter, was regularly subjected to by
members of the Providence Fire Department ("the Department"). She
was also spit on, shoved, and... More...
   $0 (02-01-2018 - RI)

Michael Catinella v. County of Cook, Illinois Northern District of Illinois Courthouse - Chicago, Illinois

Michael Catinella sued Cook County and its Department of Transportation for firing him under false pretenses in violation of his rights under the Due Process Clause, the Equal Protection Clause, and federal statutory provisions. The circumstances surrounding this event are filled with intrigue. The complaint describes a
2 No. 16-2278
public-bidding process gone awry, an investigation to co... More...
   $0 (01-31-2018 - IL)

Douglas Ossanna v. Nike, Inc. Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendant’s
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

Adrian J. Lee; Angela Lynn Noyes Lee v. Scott J. McCardle District of Utah Federal Courthouse - Salt Lake City, Utah

Plaintiffs Adrian and Angela Lee1 asked the bankruptcy court to declare that
the automatic stay in Adam and Jennifer Peeples’ bankruptcy case applies to a
separate lawsuit Adrian Lee filed in state court against defendant Scott McCardle.
The Lees also asserted that the automatic stay prevented McCardle from collecting
attorney’s fees levied against Adrian Lee in that state-court la... More...
   $0 (01-30-2018 - UT)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignored a hostile work environment and fired him because of his race. He
also claimed that Ms. Foshee-Thomas withheld exculpatory information during a<... More...
   $0 (01-30-2018 - OK)

United States of America v. Daniel Lee Dove Eastern District of Washington Federal Courthouse - Spokane, Washington

Spokane, WA - Central Washington Healthcare Organization Agrees to Settle ADA Claim with Deaf-Blind Individual

Joseph H. Harrington, United States Attorney for the Eastern District of Washington, announced that a settlement agreement under the Americans with Disabilities Act (ADA) has been reached between the U.S. Attorney’s Office, the U.S. Department of Justice’s (DOJ) Civil Rights Divi... More...
   $0 (01-29-2018 - WA)

California Self-Insurers'Security Fund v. The Superior Court of Orange County, Ativcare Living, Real Parties in Interest

Petitioners California Self-Insurers’ Security Fund (the Fund) and Nixon
Peabody LLP (Nixon Peabody or the firm) seek a writ of mandate directing the trial court
to vacate its order disqualifying Nixon Peabody from representing the Fund in the instant
case. Petitioners argue the trial court mistakenly believed it was compelled by law to
disqualify the firm; the court instead should... More...
   $0 (01-29-2018 - CA)

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