In 2008, Congress enacted the ADA Amendments Act
(“ADAAA”), which broadened the definition of disability
under the Americans with Disabilities Act (“ADA”),
42 U.S.C. §§ 12101 et seq. As relevant to this appeal, the
ADAAA expanded the scope of the ADA’s “regarded-as”
definition of disability. We have not opined on this issue
in the ten years since the ADAAA was enacted and s... More...   $0 (09-19-2018 - HI)

Plaintiff Harley Davidson and its subsidiaries (Harley-Davidson) form a multistate
enterprise with numerous functionally integrated subsidiary corporations. It contends
that defendant California Franchise Tax Board's (Board) tax scheme violates the
commerce clause of the federal Constitution (U.S. Const., art. I, § 8, cl. 3), claiming that
it burdens interstate enterprises by provi... More...   $0 (09-18-2018 - CA)

Mother is the biological mother of J.D.P., J.L.T., and T.K.C. Each child has a different father. In this appeal we are only concerned with the issue of the termination of Mother's rights. The record is extensive but a brief overview of the proceedings is helpful to an understanding of the issues on appeal. J.D.P., J.L.T., and T.K.C. were all adjudicated to be CINC in separate legal proceedings ... More...   $0 (09-17-2018 - KS)

On July 18, 2015, Saquisha Clark was with her friends Deirdre Dickerson, Artisha Dickerson, and Jodecie Jones. After leaving a bar, the four women were invited to a nearby establishment, the Hell's Lover's Motorcycle Club. Other than Deirdre, who was pregnant, the women had been drinking alcoholic beverages.

After staying a brief time inside the club, the women decided to leave and retu... More...   $0 (09-17-2018 - KS)

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...   $0 (09-16-2018 - CA)

Joe Ribakoff, a frequent attendee at meetings of the Long
Beach Transit Company Board of Directors, filled out a public
speaker’s card and spoke on agenda item 10 at the board’s
August 24, 2015 meeting for the three minutes allowed each
public speaker on an agenda item. When he rose to speak a
second time on the same agenda item, it was during the board’s
deliberation and v... More...   $0 (09-14-2018 - CA)

Dawn Suppo, an employee of Costco Wholesale Corporation, was stalked by Thad Thomp-son, a customer of Costco, for over a year. Things got so bad
* Of the Eastern District of Wisconsin, sitting by designation.
2 Nos. 17-2432 & 17-2454
at the end that Suppo secured a plenary no-contact order from an Illinois state court. Traumatized by the experience, she also took an unpaid medical leav... More...   $0 (09-13-2018 - IL)

Cheryl Searcy (“Plaintiff”) sued the defendants, R.J. Reynolds Tobacco Company and Philip Morris Inc. (together, “Defendants”) for unintentional and intentional torts arising from the death of her mother, Carol Lasard, alleging that Lasard’s illnesses were caused by her addiction to cigarettes manufactured by Defendants. The jury found for Plaintiff on both the unintentional and intentional tort c... More...   $0 (09-12-2018 - FL)

Before we can attend to any other
issues in an employment discrimination case, we must first
determine who, in fact, employed the plaintiff. This question,
which seems as though it ought to be simple on its face, continues
to confound litigants and courts. This case presents issues
regarding the employer/employee relationship that arise
in the not‐so‐uncommon sc... More...   $0 (09-11-2018 - IL)

St. Louis, MO - Danielle McGaughy sued Laclede Gas Company, d/b/a Spire on a civil rights job discrimination (race) theory claiming that he was subjects to a hostile work environment and was passed over for promotion.... More...   $8500000 (09-08-2018 - MO)

Ray Haynes was employed as an as-sistant professor in the Department of Education at Indiana University. At the end of his six-year probationary contract, he lost his bid for tenure. Haynes, who is black, alleges that the University denied his tenure application because of his race in violation of federal law. The district judge entered summary judgment for the University and we affirm. The judge’... More...   $0 (09-07-2018 - IN)

This appeal presents the question whether clearly established law supports the
claim of Plaintiff Joseph Leiser that two jail officials in Coffey County, Kansas, violated
his constitutional rights by disclosing medical information about him that they had
properly obtained. While Plaintiff was incarcerated in an Illinois jail awaiting extradition
to Coffey County, the administrator ... More...   $0 (09-06-2018 - KS)

This is a civil-rights case, brought under the Fair Housing Act, 42 U.S.C. § 3604(c); 42 U.S.C. § 1983; and 42 U.S.C. § 1985, challenging the maintenance of records that contain racially restrictive covenants such as deeds, plat maps, and other real-estate documents maintained by county recorders throughout the state of Ohio.
Plaintiff-Appellant, Darryl Mason, seeks injunctive relief to compel... More...   $0 (09-06-2018 - OH)

Tulsa, OK - Catherine D. Carter sued the Cleveland Area Hospital Authority on a civil rights violation job discrimination theory.... More...   $0 (09-05-2018 - OK)

The defendant, Anthony Robertson, appeals from his convictions of murder in the first degree, armed robbery, 2 and carrying a firearm without a license. He argues that he did not receive a fair trial because eyewitnesses improperly identified him in court; the prosecutor misstated evidence in closing argument; the judge erred in declining to question jurors about potential racial bias... More...   $0 (09-04-2018 - MA)

This case involves a dispute over retiree healthcare benefits. Retired union member Ronald Cup and similarly situated retirees requested—and the District Court ordered—arbitration of the dispute under the Labor Management Relations Act (LMRA), 29 U.S.C. § 185. Ampco Pittsburgh Corporation, its subsidiary Akers National Roll Company, and Akers’ health and welfare benefit plan (collectively, the Com... More...   $0 (09-04-2018 - PA)

On December 18, 2015, Cantrell was indicted for possession of heroin in an amount greater than 10 grams, but less than 50 grams, in violation of R.C. 2925.11(A), a felony of the second degree. Cantrell was also indicted for possession of crack cocaine in an amount less than five grams in violation of R.C. 2925.11(A), a felony of the fifth degree. The charges stemmed from allegations that Day... More...   $0 (09-03-2018 - OH)

A. Employment Decision The facts are undisputed. UTPA and the University of Texas at Brownsville (UTB) merged into UTRGV. Before the merger, appellee Alexander Edionwe taught as a tenured professor for UTPA. After the merger, the University established two phases of hiring for applicants of the newly-established UTRGV—Phase I and Phase II. Phase I was open only to tenured faculty of UTPA and U... More...   $0 (09-03-2018 - TX)

The City hired Wernert as a police officer in 2010. He suffered a serious knee injury on the job in February 2011 when he slipped and fell on an icy street while directing traffic. Wernert’s treating physician determined that he suffered permanent impairment as a result of the injury. Wernert contends that his injury is continuing in nature and that it substantially limits his ability to run, j... More...   $0 (09-02-2018 - TX)

This is the second appeal in this case. The first appeal was filed by Alvear after the trial court denied his first motion to quash information, motion to dismiss, and application for writ of habeas corpus. The underlying facts are set out in our previous opinion: Appellant Mark Alvear was charged by information with driving while intoxicated. The information, filed on August 13, 2012, all... More...   $0 (09-02-2018 - TX)

Charlene Richard, formerly a
kindergarten teacher at Waterboro Elementary School, sued Regional
School Unit 57 ("RSU 57"), claiming that by retaliating against
her for her advocacy on behalf of students with disabilities, it
violated the Americans With Disabilities Act, Rehabilitation Act,
Maine Human Rights Act, and Maine Whistleblower Protection Act.
After a five-day benc... More...   $0 (09-01-2018 - ME)

Richard Grissom, a prisoner in the custody of the Kansas Department of
Corrections, brought suit under 42 U.S.C. § 1983 against a number of state corrections
and prison officials (collectively the Prison Officials), alleging violations of his
constitutional rights stemming from his lengthy placement in solitary confinement. The
district court granted summary judgment against Grisso... More...   $0 (08-30-2018 - KS)

29 U.S.C. 621 provides:

Congressional statement of findings and purpose

(a) The Congress hereby finds and declares that-

(1) in the face of rising productivity and affluence, older workers find themselves disadvantaged in their effort... More...   $0 (08-29-2018 - OK)

Justice Department Settles Immigration-Related Discrimination Claim Against International Law Firm

The Justice Department today announced that it reached a settlement agreement with Clifford Chance US LLP, a large, international law firm with its U.S. headquarters located in New York. This agreement resolves the Department’s investigation into whether the law firm engaged in hiring discri... More...   $0 (08-29-2018 - NY)

Yei Sun, Liping Sun, and Haiming Sun were persuaded
by Alicia Kao to invest $2.8 million in Advanced China
Healthcare. The Suns entered into two Share Purchase
Agreements, each of which contained a forum-selection
clause that required any disputes “arising out of or related to”
the agreements to be adjudicated in California state court.
Notwithstanding the forum-selection c... More...   $0 (08-29-2018 - WA)