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Fior A. Ramirez v. Reemployment Assistance Appeals Commission

Appellant, Fior A. Ramirez, appeals an order of appellee, the Reemployment Assistance Appeals Commission, denying her claim for reemployment compensation benefits. We reverse and remand, concluding that appellant is entitled to benefits. Appellant began working as a housekeeper for Remington Lodging & Hospitality, a hotel in Atlantic Beach, Florida, on October 29, 2009. As found by the appeals ref... More...   $0 (02-07-2014 - FL)

Effective Teleservices, Inc v. Allerd Charles Smith

In this consolidated appeal, a company and board chair appeal attorneys’ fees and cost judgments resulting from an employment dispute. Discovery violations in the underlying litigation resulted in a default judgment on liability in favor of the employee. A subsequent motion for attorneys’ fees and costs resulted in a second and third judgment against the company and board chair. From these att... More...   $0 (01-29-2014 - FL)

Steven Smothers v. Solvay Chemicals, Inc.

Steven Smothers worked for Solvay Chemical, Inc. (“Solvay”) for 18 years until Solvay fired him, ostensibly because of a first-time safety violation and a dispute with a

-2-

coworker. Mr. Smothers contends the company’s true motivations were retaliation for taking medical leave from work, in violation of the Family Medical Leave Act (“FMLA”), and discrimination on the basis... More...
   $0 (01-21-2014 - WY)

Robert Deleon v. Kalamazoo County Road Commission

Robert Deleon (“Deleon”) appeals the dismissal of certain of his claims from the district court’s grant of summary judgment in Defendants’ favor. The district court granted Defendants’ motion on the basis that Deleon did not suffer an “adverse employment action.” Deleon was laterally transferred from one department to another, which he alleges constituted an action giving rise to sus... More...   $0 (01-14-2014 - MI)

Laverne Johnson v. Parkwood Behavioral Health System

In this disability discrimination case, Laverne Johnson appeals the district court’s grant of summary judgment in favor of Defendant-Appellee.1 We AFFIRM.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1 There is some dispute as to whether... More...
   $0 (01-06-2014 - MS)

Jose Luis Pena v. County of Starr

Jose Luis Pena appeals from a summary judgment granted in favor of his former employer, Starr County, on Pena’s claims for retaliatory discharge, discrimination, and violation of the Family Medical Leave Act. We affirm in part, and reverse and remand in part.

BACKGROUND

Pena was hired as an animal control officer by Starr County on September 20, 2000. On September 12, 2005, Pena wa... More...
   $0 (12-18-2013 - TX)

Jimmy Parker v. Cooper Tire and Rubber Company

This dispute arises out of the termination of Appellant, Jimmy Parker (“Parker”), from his employment with Appellee, Cooper Tire and Rubber Company (“Cooper Tire”), a North American tire manufacturer. Parker was employed with Cooper Tire at its plant in Tupelo, Mississippi, for approximately ten years prior to his termination. In November 2007, Parker was hospitalized with flu-like symptom... More...   $0 (12-12-2013 - MS)

Kingsaire, Inc., dba Kings Aire, Inc. v. Jorge Melendez

Appellant Kingsaire, Inc. d/b/a Kings Aire, Inc. (hereinafter “Kings Aire”) appeals an adverse jury verdict and judgment in favor of its former employee, Jorge Melendez (hereinafter “Appellee” or “Melendez”) in a worker’s compensation retaliation and breach of contract suit. In three issues, Appellant challenges the legal and factual sufficiency of the jury verdict on retaliation, th... More...   $0 (11-22-2013 - TX)

Barbara Hager v. Arkansas Dept. of Health

Barbara Hager was fired from the Arkansas Department of Health by her supervisor, Dr. Namvar Zohoori. Hager sued Dr. Zohoori and the Department for statutory and constitutional violations. The district court granted, in part, their motion to dismiss. They appeal. Having jurisdiction under 28 U.S.C. § 1291 over Dr. Zohoori’s appeal, this court reverses and remands.

I.

Hager claims ... More...
   $0 (11-15-2013 - AR)

Nikisha Harris v. Alisha Hospitality, Inc.

Nikisha Harris sued Alisha Hospitality, Inc. on a wrongful termination theory.

The Pre-Trail Order provided in part:

* * *

Plaintiff began her employment with Defendant in September of 2008 as a front desk representative at Defendant’s La Quinta Inn & Suites, located near 41St Street and Sheridan Road in Tulsa, Oklahoma. Defendant approved Plaintiff’s request for FM... More...
   $1 (10-18-2013 - OK)

Raymond C. McArdle v. Town of Dracut

Appellant Raymond McArdle ("McArdle") is a former teacher in the public schools of the town of Dracut, Massachusetts. He claims, among other things, that Dracut improperly handled his request for leave under the Family and Medical Leave Act, 29 U.S.C. § 2612 ("FMLA") and forced him to resign in retaliation for seeking such leave. The district court granted summary judgment dismissing all of McAr... More...   $0 (10-09-2013 - MA)

Jacquelyn Allen v. Dish Network, LLC

PARTIES, JURISDICTION AND VENUE

1. Plaintiff Jacquelyn Allen is a resident of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant Dish Network, LLC is a foreign limited liability company doing business in Tulsa County, Oklahoma.

3. The Plaintiff was an employee of Defendants as defined by state and federal law.

4. The events giving rise to this action occurred ... More...
   $0 (09-20-2013 - OK)

Jessica Cuellar v. Perma-Temp Prsnl Services, Inc.

Jessica Cuellar alleges that her secondary employer, Keppel Amfels, L.L.C. (“Keppel Amfels”), violated § 2615(a)(1) of the Family Medical Leave Act (“FMLA”) by discouraging her primary employer, staffing agency Perma-Temp Personnel Services, Inc. (“Perma-Temp”), from seeking her reinstatement after an FMLA-authorized maternity leave. The district court granted summary judgment in favo... More...   $0 (09-10-2013 - TX)

Janat Nansamba v. North Shore Medical Center, Inc.

When litigation goes awry, lawyers sometimes scramble to find a scapegoat. So it is here: having conspicuously failed to protect the record, the plaintiff's lawyers attempt to shift the blame to their opposing counsel. Concluding, as we do, that this diversionary tactic lacks force, we affirm the district court's denial of the plaintiff's motion for relief from judgment.

I. BACKGROUND
<... More...
   $0 (08-12-2013 - MA)

Stella Hall v. The Ohio Bell Telephone Company

Stella Hall appeals a district court’s grant of summary judgment in favor of her former
employer, The Ohio Bell Telephone Company. Hall alleges that she was terminated from Ohio Bell
in retaliation for taking medical leave under the Family Medical Leave Act. For the following
reasons, we affirm the district court.
I. BACKGROUND
From 2001 to 2010, Hall worked for Ohio Bell as ... More...
   $0 (06-17-2013 - OH)

Gladys Sotomayor v. City of New York

Plaintiff-appellant Gladys Sotomayor appeals from the district court's judgment dismissing her claims of employment discrimination and retaliation under federal, state, and New York City law. We hold that the district court properly granted summary judgment dismissing her claims. Accordingly, we affirm.

BACKGROUND

Sotomayor, a schoolteacher, is a fifty-six year old woman of Hispanic ... More...
   $0 (04-12-2013 - NY)

Eric Kuhn v. Washtenaw County

In October 2008, Deputy Eric Kuhn of the Washtenaw County Sheriff’s Office stopped Marianne Joseph for a traffic violation. Joseph falsely reported that Kuhn had raped her in connection with the stop. An internal investigation that was opened to look into the rape allegation was not closed until January 2009. Several months after the investigation was closed, Kuhn requested medical leave based... More...   $0 (03-11-2013 - MI)

Velma Underwood v. The GEO Group, Inc.

Velma Underwood was employed by The GEO Group, Inc. (GEO) as a
detention officer at the ICE Processing Center in Aurora, Colorado. GEO terminated
her employment in 2008. Represented by counsel, Ms. Underwood sued in the
United States District Court of Colorado for unlawful employment practices. The
district court granted summary judgment in favor of GEO on Ms. Underwood’s
fed... More...
   $0 (02-19-2013 - CO)

Jenna Wood v. SatCom Marketing, LLC

Jenna Wood sued her former employer SatCom Marketing, LLC ("SatCom") alleging violations of the Minnesota Whistleblower Act, Minnesota Human Rights Act, common law of wrongful termination, and Fair Labor Standards Act. Finding Wood had failed to establish a prima facie case of retaliation under each statute and the common law, the district court1 granted summary judgment in favor of SatCom. We aff... More...   $0 (02-13-2013 - MN)

Carris James v. Hyatt Regency Chicago

James has been an employee of Hyatt Regency Chicago (“Hyatt”) since 1985. In April 2007, James took a leave of absence due to an eye injury that occurred outside of work. James filed suit in 2009 claiming that Hyatt violated his rights under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., as well as the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et se... More...   $0 (02-13-2013 - IL)

Adeline Tapia Guerrero v. Jo Weber

Petitioner Adelina Tapia Guerrero was employed to provide in-home support services (IHSS) to eligible recipients in Sonoma County (County) under the In-Home Support Services Act. (Welf. & Inst. Code, § 12300 et seq.1) She was never paid for any of the services she rendered to program recipient Alejandra Buenrostro from November 4, 2008 through January 29, 2009, despite a comprehensive scheme of f... More...   $0 (02-11-2013 - CA)

Roland Benavides v. City of Oklahoma city

In this employment discrimination case, Roland Benavides appeals from a district court order that granted the City of Oklahoma City’s motion for summary judgment on Benavides’ claims under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12131-12134, and the Family and Medical Leave Act (FMLA), affirm.

BACKGROUND

Benavides began working for the City as a police officer i... More...
   $0 (01-24-2013 - OK)

Jamie Fuhrmann v. Staples The Office Superstore East, Inc.

[¶1] Jamie Fuhrmann appeals from the entry of a summary judgment in favor of Staples the Office Superstore East, Inc., by the Superior Court (York County, Fritzsche, J.) and the court’s dismissal of her claims against four individual supervisors, Christian Steppe, John LeMieux, Matthew Auger, and Annette Rodick, for whistleblower discrimination pursuant to the Whistleblowers’ Protection Act (... More...   $0 (01-20-2013 - ME)

Doreatha Walker v. Hitchcock Independent School District

Walker was employed as the Director of Kids First Head Start for Hitchcock under a one-year probationary contract for the 2008-09 school year. As Director, it was her job to facilitate collegial relationships between staff and communication between the Superintendent, staff, parents, and the Head Start Policy Council.

1

In February 2009, Walker filed a complaint wi... More...
   $0 (01-18-2013 - TX)

Ricardo Diaz v. Michigan Department of Corrections

In Nevada Department of Human Resources v. Hibbs, the Supreme Court held that a state employee may recover money damages in federal court for a state’s failure to comply with the family-care provision of the Family Medical Leave Act (“FMLA” or “the Act”). 538 U.S. 721, 725 (2003); see generally 29 U.S.C. § 2612(a)(1)(C). After the Supreme Court’s decision, this Circuit held that a pla... More...   $0 (01-07-2013 - MI)

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