http://www.morelaw.com Discrimination Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-8001&s=WY&d=42033 Dr. Marvin Wayne Couch appeals from summary judgment entered in favorof defendants, Memorial Hospital of Carbon County (MHCC), a small ruralhospital where he has staff privileges, the hospitals chief administrator, and sixof the ten other physicians who have privileges at MHCC. Dr. Couch brought thisaction, pursuant to 42 U.S.C. 1983, to remedy an alleged deprivation of his FirstA Tue, 17 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=2009%20OK%2082&s=OK&d=42006 1 The issue presented on certiorari review is whether an employer with less than fifteen employees can incur Burk tort liability for wrongful termination of an employee based on racial discrimination prohibited by the Oklahoma Anti-Discrimination Act.1 This issue arose because the trial court dismissed a wrongful termination claim by Jerry Smith against Pioneer Masonry, Inc.Mr. Smith alleged t Mon, 16 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-3376&s=IL&d=42010 In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. 3601 et seq., for alleged religious and racial discrimination that took place after the owners bought their condo unit. We highlight the word after because based on a prior opinion from this court, Halprin v. Prairie Single Family Homes of Dearborn Park Ass Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=12-09-00116-CV&s=TX&d=41976 Nancy McKenna appeals from a take nothing judgment in her suit for gender discrimination against W & W Services, Inc. In her sole issue, McKenna claims that the trial court erred in denying her Batson challenge. We affirm. Background McKenna applied for a job as a truck driver with W & W Services. W & W Services did not hire McKenna, and McKenna believed that her gender was a motivat Fri, 13 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-cv-02075&s=PA&d=41970 Roman Wypart and Bonnie Marcus sued PQ Corp. on age discrimination violation theories under 42 U.S.C. 2000e. They claimed that Defendant, a chemical manufacturing firm, targeted only older workers in layoffs in 2005 and fired them because of their ages. The claimed that Colleen Del Monte, a PQ manager, said that the company needed to "get rid of of some of these old farts." They also claimed th Thu, 12 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2923&s=IL&d=42011 After working twenty-two years, Plaintiff Thomas Wetzler (Wetzler) wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the Plan). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Inte Tue, 10 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-03-00374-CV&s=&d=41954 The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for Mon, 9 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2874%20and%2008-29&s=PA&d=41933 The plaintiffs in this special education case, Patrick P., a minor child, and his parents, Rita and Michael P., appeal the District Courts 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 Mon, 2 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=&s=&d=41847 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. Sat, 31 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-1819&s=PA&d=41934 This case requires us to delineate, in a quite literal sense, the boundaries of the First Amendments 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, 623.01623.07. The Ordinance established two different Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-36039&s=WA&d=41838 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 pharmacies Fri, 30 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=AC%2029172&s=CT&d=41943 The appeal and cross appeal in this matter concern claims of a hostile work environment, vexatious litigation, intentional infliction of emotional distress and attorneys 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 Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-13332&s=FL&d=41879 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 UFs 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 Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-20128&s=TX&d=41815 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 Inpatients 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 Tue, 27 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3094&s=IL&d=41917 Julie Stephens Longs 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 Long now Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-20718&s=TX&d=41816 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 Fri, 23 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3183&s=IN&d=41916 Frank Brunker sued Schwans 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 courts grant of summary judgment for Schwans, in which the court determined that Brunker was not disabled. He also challenges earlier r Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-3320&s=KS&d=41853 Felix Lara appeals the district courts 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 Laras claims under the ADA, Family and Medical Thu, 22 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1-06-2428%20and%201-06-2968&s=IL&d=41710 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 Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2820&s=WI&d=41691 The court has adopted a construction of the Fair Labor Standard Acts anti-retaliation provision that is unique among the circuits. On the one hand, the court understands the statutes 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 Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-4635&s=OH&d=41679 Kathleen Sharp appeals the district courts 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 the board with t Fri, 16 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-3108&s=KS&d=41746 Plaintiff-Appellant Michael E. McKinzy, Sr., appearing pro se, appeals the district courts 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 Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=%202004CV917&s=WI&d=41693 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 Universitys favor, Thu, 15 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=09-1105%20and%2009-1206&s=PA&d=41627 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 Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A121651&s=CA&d=41647 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 Fri, 9 Oct 2009 00:00:00 CST