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P.P. v. West Chester Area School District
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The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Court’s grant of summary judgment to the defendant, the West Chester Area School District (“District”). The plaintiffs made claims under the Individuals with Disabilities in Education Act (“IDEA”), § 504 of the Rehabilitation Act of 1973, and 42 U.S.C. § 1... More... $0 (11-02-2009 - PA)
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Antonia Susel v. Dix & Eaton
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Antonia Susel, age 59, sued Dix & Eaton on a wrongful termination theory claiming that she was fired because of his age by the Cleveland, Ohio public relations firm employer in 2007. She also claimed that she was fired for complaining that she was subject to age discrimination at her job.
Defendant denied wrongdoing.
... More... $1032000 (10-31-2009 - )
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Mary Kathryn Brown v. City of Pittsburgh
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This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendment’s protection of speech. In response to concerns about aggressive protests and confrontations at health care facilities providing abortions, the City of Pittsburgh enacted Ordinance No. 49 in December 2005. Pittsburgh, Pa., Code tit. 6, §§ 623.01–623.07. The Ordinance established two different ... More... $0 (10-30-2009 - PA)
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Stormans, Inc. v. Mary Selecky, Secretary of the Washington State Department of Health, et al.
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We must decide whether the district court abused its discretion by preliminarily enjoining the enforcement of new rules promulgated by the Washington State Board of Pharmacy (“Board”) that require pharmacies to deliver lawfully prescribed Federal Drug Administration (“FDA”)–approved medications and prohibit discrimination against patients, on the ground that the rules violate pharmaciesâ... More... $0 (10-30-2009 - WA)
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Debra Perez v. D and L Tractor Trailer School
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The appeal and cross appeal in this matter concern claims of a hostile work environment, vexatious litigation, intentional infliction of emotional distress and attorney’s fees. The plaintiff, Debra Perez, appeals from the judgment of the trial court, rendered after a jury trial, in her favor on her claim of a hostile work environment and in favor of the defendant, C. Donald Lane, Jr., doing busi... More... $0 (10-27-2009 - CT)
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Beta Upsilon Chi Upsilon Chapter at the University of Florida v. J. Bernard Machen, in his official capacity as President of the University of Florida
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Beta Upsilon Chi a/k/a Brothers Under Christ (“BYX”) is a Christian fraternity. In 2007, the University 1 of Florida (“UF” or “University”) denied BYX official recognition because of its refusal to adhere to UF’s nondiscrimination policy. BYX thereafter brought this action for declaratory and injunctive relief against the University2 claiming that UF, by requiring it to comply with t... More... $0 (10-27-2009 - FL)
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Pat Raborn v. Inpatient Management Partners, Inc.
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Pat Raborn was hired as a receptionist at Inpatient Management Partners, Inc. (“Inpatient”) in 1996. After she was hired, she was promoted twice and became Inpatient’s Network Operations Manager. In her role as a manager, Raborn supervised several workers at Inpatient, including Sophie Martinez and Sandra Williams. In February 2003, Martinez and Williams sued Inpatient for race discriminatio... More... $0 (10-27-2009 - TX)
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Julie Stephens Long v. Teachers' Retirement System of The State of Illinois
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Julie Stephens Long’s employment with the Teachers’ Retirement System of the State of Illinois (“TRS”) came to an end on February 3, 2006.
While TRS maintains that it fired her for poor performance, Long believes that she was fired in retaliation for taking leave under the Family and Medical Leave Act (“FMLA”). The district court granted summary judgment in favor of TRS, which L... More... $0 (10-23-2009 - IL)
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Anthony G. Petrello v. Rahul Nath
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Defendants-Appellants Dr. Rahul Nath and Usha Nath (singly and collectively, “Nath”) appeal the grant of a preliminary injunction barring them from making any changes to the residence that they recently purchased from Matthew Prucka (“Prucka”) in Houston, Texas for $8.3 million. Following an October 2008 hearing, the district court granted that injunction without findings of fact or conclu... More... $0 (10-23-2009 - TX)
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Frank Brunker v. Schwan's Home Service, Inc.
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Frank Brunker sued Schwan’s Home Service, Inc., his former employer, for disability discrimination and failure to accommodate in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101 et seq. On appeal he challenges the district court’s grant of summary judgment for Schwan’s, in which the court determined that Brunker was not disabled. He also challenges earlier r... More... $0 (10-22-2009 - IN)
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Felix Lara v. Unified School District #501
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Felix Lara appeals the district court’s rulings in favor of his former employer, Unified School District #501 (“USD”). The district court dismissed his state workers’ compensation claim and one of his claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. It then granted summary judgment in favor of USD on Lara’s claims under the ADA, Family and Medical ... More... $0 (10-22-2009 - KS)
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Jerri Blount v. Joseph Stroud, and Jovon Broadcasting, WJYS-TV 62/34
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Following a jury trial, defendants Jovon Broadcasting and Joseph Stroud, the owner and operational manager of Jovon Broadcasting, were found liable for retaliation against plaintiff Jerri Blount, a former employee of Jovon Broadcasting. The jury awarded Blount a total of $3,082,350 in damages, which was comprised of $257,350 for back pay, $25,000 for physical and/or emotional pain and suffering, a... More... $0 (10-16-2009 - IL)
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Kevin Kasten v. Saint-Gobrain Performance Plastics Corporation
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The court has adopted a construction of the Fair Labor Standard Act’s anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statute’s “filed any complaint” language to cover intra-company complaints about unfair labor practices, but on the other it concludes that oral complaints fall outside the reach of the statute. Kasten v. Saint-Gobain... More... $0 (10-16-2009 - WI)
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Kathleen M. Sharp v. Worthington City School Board of Education
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Kathleen Sharp appeals the district court’s dismissal of one federal claim (Title VII) and three related state-law claims against the Worthington City School District Board of Education. We affirm.
I.
Sharp taught in the Worthington school district from 1992 until the school board fired her in 2008. At some point near the end of her tenure, she filed discrimination charges against ... More... $0 (10-16-2009 - OH)
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Michael E. McKinzy, Sr. v. Union Pacific Railroad
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Plaintiff-Appellant Michael E. McKinzy, Sr., appearing pro se, appeals the district court’s order denying his motion for summary judgment and granting the motion for summary judgment of defendant-appellee Union Pacific Railroad. Mr. McKinzy, who proceeded pro se in the district court as well, brought a failure-to-hire employment discrimination case against Union Pacific, filing his original comp... More... $0 (10-15-2009 - KS)
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Ali Amir v. Marquette University
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Ali Amir appeals an order dismissing his complaint against Marquette University. He alleged that the University discriminated against him on the basis of his national origin, in violation of federal antidiscrimination laws, 42 U.S.C. §§ 1981 and 2000d, when it dismissed him from the School of Dentistry. On his previous appeal this court reversed a summary judgment in the University’s favor,... More... $0 (10-15-2009 - WI)
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Emad Elkadrawy v. The Vanguard Group, Inc.
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In a complaint dated May 1, 2008, plaintiff Emad Elkadrawy, an American citizen of Egyptian origin and a Muslim, alleged that his former employer, The Vanguard Group, Inc. (“Vanguard”), discriminated against him on account of his race, religion, and national origin in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e et seq., and his age under the Age Dis... More... $0 (10-10-2009 - PA)
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Iftikhar Nazir v. United Airlines, Inc., et al.
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Our Supreme Court has said that the purpose of the 1992 and 1993 amendments to the California summary judgment statute was “to liberalize the granting of motions for summary judgment.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) It is no longer called a “disfavored remedy.” It has been described as having a salutary effect, ridding the system, on an expeditious and effi... More... $0 (10-09-2009 - CA)
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David D. Beal, et al. v. David A. McGuire, et al.
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Six members of a joint venture sued two other members, primarily claiming breaches of fiduciary duties. The joint venture, most of whose members were Anchorage physicians, owned a medical services condominium on Laurel Street and leased it out for use as an ambulatory surgical center. The plaintiffs claimed in part that the joint venturer defendants and others were liable for moving the surgical c... More... $0 (10-08-2009 - AK)
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Madeline S. Ewing v. TWA Restaurant Group, Inc.
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Madeline Ewing, appearing pro se,1 appeals from the district court’s grant of summary judgment dismissing her wrongful termination claims against TWA Restaurant Group, Inc. (TWA). Because Ewing presents no issues or argument in her appellate brief, we dismiss her appeal.
I. BACKGROUND
TWA is a corporation that manages Captain D’s restaurants in the Kansas City area. On August... More... $0 (10-07-2009 - KS)
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Josephine Loeffler v. Joanne Amore and ann Rappoccio
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Josephine Loeffler, (“Josephine”) acting individually 13 and as administratrix for the estate of her deceased husband 14 Robert A. Loeffler (“Robert”), and their two children Robert 15 C. Loeffler (“Bobby”) and Kristy Loeffler, (“Kristy”), 16 (collectively “the Loefflers”) appeal an order entered in 17 the United States District Court for the Eastern District of 18 New York (Jo... More... $0 (10-06-2009 - NY)
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James F. Howell v. Town of Abington, Mark Jamieson, Janice McCarthy and E. Thomas Rogers
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James F. Howell sued the Town of Abington and Town Commissioners Mark Jamieson, Janice McCarthy and E. Thomas Rogers on age discrimination, intentional infliction of emotional distress, breach of contract and wrongful termination theories. Howell was the Sewer Department Superintendent from 1998 to 2005 and was paid $64,000 per year by the Town.
Defendants denied wrongdoing. Defendants al... More... $405000 (10-06-2009 - MA)
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Sandra McBride v. BIC Consumer Products Manufacturing Company, Inc.
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16 Plaintiff-Appellant Sandra McBride appeals from a decision of the United States District
17 Court for the District of Connecticut (Underhill, J.) granting the motion of Defendant-Appellee BIC
18 Consumer Products Manufacturing Company, Inc. (“BIC”) for summary judgment. McBride’s
19 complaint alleged that BIC violated the Americans with Disabilities Act of 1990 (“ADA”), 42... More... $0 (10-05-2009 - CT)
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Giant of Maryland, LLC v. Julia M. Taylor
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Giant of Maryland, LLC (“Giant”) appeals a judgment entered on a jury verdict in the Circuit Court for Prince George’s County in favor of Julia M. Taylor, a former Giant employee, in an employment discrimination and retaliation case. After a seven-day trial, the jury found by special verdict that, during a particular time period ending on February 3, 2003, Giant discriminated against Taylor ... More... $0 (10-05-2009 - )
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Lt. Col. Keith Janowski, U.S. Army v. Division of State Police, Department of Safety and Homeland Security, State of Delaware
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We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protectio... More... $0 (10-05-2009 - DE)
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