Michael Gray sued the City of Galveston claiming a violation of the Texas Whistleblower Act. The Act waives governmental immunity if a governmental entity takes adverse personnel action against a public employee who in good faith reports to an appropriate law enforcement authority a violation of law by another public employee. See TEX. GOV‘T CODE ANN. §§ 554.002, 554.0035 (West 2012). The City... More...   $0 (05-21-2013 - TX)

In this employment discrimination case, Dr. Willana Geneva Turner appeals from a district court order that entered judgment on the pleadings in favor of the City of Tulsa, Oklahoma. We have jurisdiction under 28 U.S.C. § 1291, and affirm for substantially the same reasons identified by the district court.

________________

* After examining the briefs and appellate record, this panel... More...   $0 (05-21-2013 - OK)

Allegations of sexual abuse by a teacher lie at the heart of this dispute. The plaintiffs—a group of four children and their parents— appeal an order dismissing a newly-added claim for violation of Title IX as to the children and a claim for negligent infliction of emotional distress as to the parents.1 The plaintiffs argue that the new Title IX claims relate back to the filing of the original... More...   $0 (05-08-2013 - FL)

After receiving a complaint from a student concerning one of its part-time instructors, Columbia College Chicago faculty members and administrators interviewed the student on several oc2

No. 10-3747

casions and also interviewed the faculty member. The school ultimately informed the faculty member, Suriya Smiley, that it would not ask her to teach further classes. Smiley contends the ... More...   $0 (04-30-2013 - IL)

In Clackamas Gastroenterology Associates, P.C. v. Wells, 538 U.S. 440 (2003), the Supreme Court set out a test for determining whether a shareholder-director of a professional corporation is an “employeeâ€� for purposes of the Americans with Disabilities Act (ADA). Id. at 449-50. This appeal allows us to consider whether that test applies to business entities that are not professional corporatio... More...   $0 (04-30-2013 - PA)

Emilio Martino, a naturalized United States citizen born in Italy, worked briefly as a sales representative for Western & Southern Financial Group (“W&S�). Less than two months after W&S hired Martino, the company terminated his employment.

Martino sued W&S for religious discrimination under Title VII and for defamation. Martino alleged, among other claims, that W&S discharged him based... More...   $0 (04-25-2013 - IN)

When Mahmoud Hegab, an employee of the National Geospatial-Intelligence Agency ("NGA") with a top secret security clearance, informed the agency of his marriage to Bushra Nusairat, the NGA conducted a reinvestigation into his security clearance. Based on new information, the NGA revoked Hegab’s security clearance.

Hegab commenced this action under the Administrative Procedure Act against ... More...   $0 (04-25-2013 - VA)

Renee S. Majors, a long-time employee at General Electric Company’s Bloomington, Indiana plant, filed suit alleging that GE violated the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.,

2 No. 12-2893

and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., when it denied her temporary and permanent positions to which she was otherwise entitled unde... More...   $0 (04-16-2013 - IN)

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)

Plan B and Plan B One-Step are emergency contraceptives that can be taken to reduce the risk of pregnancy after unprotected intercourse. In 1999, Plan B became the first emergency contraceptive drug approved for prescription-only use in the United States. In 2006, the Food and Drug Administration (“FDAâ€�) approved non-prescription access to Plan B for women 18 and older, and with a prescription... More...   $0 (04-06-2013 - NY)

Jennifer Westendorf brought a Title VII action against her former employer, West Coast Contractors, claiming sexual harassment and retaliatory discharge. The district court granted summary judgment to West Coast, and Ms. Westendorf appeals. We affirm the judgment on the harassment claim, and reverse and remand the retaliation claim for further proceedings.

I.

We view the evidence and... More...   $0 (04-05-2013 - NV)

When can you trust your accountant’s advice about when your taxes are due? That is the question we face today. Appellant Peter Knappe, acting as the executor of an estate, asked his accountant to apply for an extension of the deadline to file the estate-tax return from the Internal Revenue Service (“IRSâ€�). The accountant told Knappe that the deadline had been extended one year, when in fact ... More...   $0 (04-05-2013 - CA)

The United States of America charged Homer Helter, age 68, and James Kassel, age 61, with illegally selling guns with a license and conspiring to deal firearms without a license. Helter owns and operated Homer Helter's Antique & Military Mall in Naples, Florida.

The Defendant claimed that they were selling guns from their personal collections and did so infrequently, which is legal withou... More...   $0 (03-30-2013 - FL)

Marlenis Smart sued City of Miami Beach, Florida on a hostile work environment theory under 42 U.S.C. 2000 (Title VII of the Civil Rights Act of 1964) claiming that she was sexually harassed at work as a fire fighter.

Defendant denied wrongdoing.

The EEOC has published the following guidelines for employers relating to sexual harassment:

1. SUBJECT: Policy Guidance on ... More...   $0 (03-29-2013 - FL)

Appellants, E-Quest Management, LLC (“E-Quest�) and Odyssey OneSource, Inc. (“Odyssey�), challenge the trial court’s judgment, entered after a trial to the court, in favor of appellee, Robbie Shaw, in Shaw’s suit against them

2

for successor liability. In five issues, E-Quest and Odyssey contend that they have been “prevented from proper presentmentâ€� of this appeal du... More...   $0 (03-28-2013 - TX)

Catherine Taylor (“Taylor�) sued Tenant Tracker, Inc. (“Tenant Tracker�), alleging that Tenant Tracker failed to adopt reasonable procedures to ensure maximum possible accuracy of its credit reporting, in violation of the Fair Credit Reporting Act (“FCRA�). 15 U.S.C. § 1681 et seq. The district court1 granted summary judgment in favor of Tenant Tracker, and we affirm.

I.
More...   $0 (03-28-2013 - AR)

Before us are appeals in two closely related collective actions for overtime pay under the Fair Labor Standards Act; for simplicity we’ll pretend that they are just one suit and that there is just one appeal. The original named defendants were JT Packard & Associates, the plaintiffs’ employer, and Packard’s parent, S.R. Bray Corp. We don’t know why the parent was made a defendant. It was n... More...   $0 (03-26-2013 - WI)

This appeal arises from a workplace discrimination suit filed by Plaintiff-Appellee Kamal Aly ("Aly" or "Appellee") against Defendant-Appellant Mohegan Council, Boy Scouts of America ("Mohegan Council" or "Appellant"), in which Appellee alleged that he was denied career advancement opportunities on account of his religion (Islam) and national origin (Egyptian-American). Following trial, the jury ... More...   $0 (03-25-2013 - MA)

Stephon Wiggins appeals the district court’s grant of summary judgment dismissing his claims for sexual harassment (hostile work environment) and retaliation under Title VII, and his claim for intentional infliction of emotional distress, against St. Luke’s Episcopal Health System.1 For the reasons provided

1 St. Luke’s Episcopal Health System was improperly named in the complaint a... More...   $0 (03-21-2013 - TX)

Robert Sher sued Brisam Tulsa, LLC, Hilton Tulsa Southern Hills, Hilton Worldwide, Inc., Hilton, Inc., HLT Existing Franchise Holding, LLC, Zurich American Insurance Company, MCSAM Hotel Group, LLC, Parkard Companies, Packard Hospitality Group, LLC and Joshua Evans on negligence theories claiming;

1. That Plaintiff, Robert Sher, hereinafter referred to as “Plaintiff’, was a resident o... More...   $0 (03-21-2013 - OK)

Defendants-Appellants Goldman, Sachs & Co. and The Goldman Sachs Group (“Goldman
6 Sachs�) appeal from an order of the United States District Court for the Southern District of New
7 York (Sand, J.) denying their motion to compel arbitration of Plaintiff-Appellee Lisa Parisi’s claims
8 of gender discrimination. Parisi, a former managing director, and two other former female
9... More...   $0 (03-21-2013 - NY)

In 1999, Plaintiff-Appellant Geraldine Fuhr
filed a successful lawsuit to be instated as varsity boys basketball coach at Hazel Park
High School, where she had been employed as varsity girls basketball coach. For five
years she coached both the girls and boys varsity basketball teams. In 2006, she was
removed from her position coaching varsity girls basketball. In this action, she ... More...   $0 (03-19-2013 - MI)

Karen B. Balas appeals the district court’s denial of relief on her claims of discrimination, retaliation, and hostile work environment, brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e ("Title VII"), as well as wrongful discharge, assault, and battery, brought under Virginia law, against Huntington Ingalls Industries, Inc. ("Huntington Ingalls"), the successor to her ... More...   $0 (03-15-2013 - VA)

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,... More...   $0 (03-15-2013 - OR)

Plaintiff-Appellant Andricka Stewart appeals from the district court’s dismissal of her civil-rights action against Defendant-Appellee Waco Independent School District (the “Districtâ€�). She seeks review only of her claim under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Because Stewart states a claim under one theory of liability, we REVERSE and REMAND for proceedings consist... More...   $0 (03-14-2013 - TX)