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Dean Alexander v. FedEx Ground Package System, Inc.

As a central part of its business, FedEx Ground Package
System, Inc. (“FedEx”), contracts with drivers to deliver
packages to its customers. The drivers must wear FedEx
uniforms, drive FedEx-approved vehicles, and groom
themselves according to FedEx’s appearance standards.
FedEx tells its drivers what packages to deliver, on what
days, and at what times. Although driv... More...
   $0 (08-28-2014 - CA)

KIPP, Inc. v. Kimberly Whitehead

In this interlocutory appeal,1 appellant, KIPP, Inc. (“KIPP”), challenges the trial court’s order denying its plea to the jurisdiction2 on the claims brought against
1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2013) (permitting governmental unit to appeal order denying plea to jurisdiction).
2
it by appellee, Kimberly Whitehead, for employment discriminat... More...
   $0 (08-12-2014 - TX)

Deborah Malin v. Hospira, Inc.

Plaintiff Deborah Malin appeals from the district court’s grant of summary judgment in favor of her employer on her retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in favor of the employer and several managers on her retalia-tion claim under the Family and Medical Leave Act, 28 U.S.C. § 2601 et seq. We reverse and remand for trial.
2 No. 13... More...
   $0 (08-07-2014 - IL)

Sakari Jarvela v. Crete Carrier Corporation

Many Americans suffer from alcoholism. Sakera Jarvela, a commercial truck driver, is one of those individuals. Department of Transportation (DOT) regulations prohibit anyone with a “current clinical diagnosis of alcoholism” from driving commercial trucks. Jarvela’s employer, Crete Carrier Corporation, contends that it maintains a company policy that prohibits it from employing anyone who has... More...   $0 (06-18-2014 - GA)

Ronald Ross v. Kevin Gilhuly; Continental Tire of Americas, LLC

Ronald Ross appeals a grant of summary judgment by the United States District Court for the Eastern District of Pennsylvania to Continental Tire of Americas LLC (“Continental”) and Kevin Gilhuly in this Family and Medical Leave Act (“FMLA”) action. 29 U.S.C. §2601 et seq. Because Ross received all to which he was entitled under the FMLA, and suffered no adverse employment consequences for... More...   $0 (06-17-2014 - PA)

Armand Santoro v. Accenture Federal Services, LLC

Dr. Armand Santoro appeals the district court’s order granting the motion by Accenture Federal Services, LLC (Accenture) to compel arbitration. Because we agree with the district court that the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) does not invalidate the arbitration agreement between Accenture and Santoro, we affirm.

I.

Santoro began hi... More...
   $0 (05-05-2014 - VA)

Scott Bellone v. Southweick-Tolland Regional School District

In this action alleging violations of the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. §§ 2601-2654, plaintiff-appellant Scott Bellone appeals from the district court's grant of summary judgment in favor of his former employer, the Southwick-Tolland Regional School District. He argues, among other things, that the district court overlooked several genuine issues of material fact, misap... More...   $0 (05-02-2014 - MA)

Susan White v. County of Los Angeles

When an employee takes leave under the Family and Medical Leave Act (FMLA) (29 U.S.C. § 2601 et seq.), the employee is entitled to be restored to employment upon certification from the employee’s health care provider that the employee is able to resume work. The employer is not permitted to seek a second opinion regarding the employee’s fitness for work prior to restoring the employee to empl... More...   $0 (04-15-2014 - CA)

Angela Ames v. Nationwide Mutual Insurance Co

Angela Ames appeals from the district court’s1 grant of summary judgment to Nationwide Mutual Insurance Company, Nationwide Advantage Mortgage Company, and Karla Neel (collectively, Nationwide) on her sex- and pregnancy-based employment discrimination claims brought under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and the Iowa Civil Rights Act (ICRA), Iowa... More...   $0 (03-13-2014 - IA)

Maria Escriba v. Foster Poultry Farms, Inc.

Maria Escriba worked in a Foster Poultry Farms, Inc. (Foster Farms) processing plant in Turlock, California for 18 years. She was terminated in 2007 for failing to comply with the company’s “three day no-show, no-call rule” after the end of a previously approved period of leave, which she took to care for her ailing father in Guatemala. Escriba subsequently filed suit under the Family and Me... More...   $0 (02-25-2014 - CA)

Nora Chaib v. State of Indiana

Appellant, Nora Chaib, sued her former employer, the State of Indiana, alleging employment discrimination and retaliation. In particular, Chaib, who is a

2 No. 13-1680

female United States citizen of French national origin, alleges that, while working as a corrections officer for the Indiana Department of Correction (“IDOC”), she was subjected to discrimination and a hostile work... More...
   $0 (02-24-2014 - IN)

Ronald Ayers v. Board of Regents University of Texas System

Appellant Ronald Ayers filed this wrongful termination suit against his former employer—the University of Texas at San Antonio ("UTSA")—and various UTSA administrators. Following a series of pre-trial motions, the district court entered final judgment in favor of Appellees. Appellant challenges the dismissal of his First Amendment, substantive due process, and procedural due process claims. Fo... More...   $0 (02-10-2014 - TX)

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)

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