Gabrielle Valdez, acting as the personal representative of the estate of Doyle “Rocky” Brown, appeals from the district court’s summary judgment for appellees Brent McGill and Mueller Supply Company on claims related to Brown’s discharge. She contends the district court erred because there were genuine issues of material fact which preclude summary judgment on both her: (1) Americans with ... More...   $0 (02-13-2012 - NM)

This is an employment-discrimination case the district court dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff Fedwa Khalik appeals the dismissal, and we affirm.

Plaintiff is an Arab-American, born in Kuwait, who practices Islam. Defendant United Air Lines hired her in 1995, and she rose to the position of Business Services Representative... More...   $0 (02-06-2012 - CO)

Following the 2005 merger between Cinergy Corp. and defendant Duke Energy Corporation, plaintiffs Barbara Gambill and Eric French were terminated during a reduction in force. Gambill and French, who were both over fifty years old at the time of their discharge, allege that Duke terminated them because of their age, in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, ... More...   $0 (01-25-2012 - OH)

This is a FMLA employee-discharge case arising from confusion as to when an employee should return to work after his leave. The defendant, American Standard, Inc., appeals the district court’s grant of partial summary judgment in favor of the plaintiff, Carl Thom, Jr., on his claim that American Standard interfered with his rights under 29 U.S.C. § 2612(a)(1)(D) of the Family and Medical Leave ... More...   $0 (01-20-2012 - OH)

Gwendolyn Donald worked for Sybra LLC (“Sybra”) at its Arby’s restaurants for over two years as an assistant manager. During this period, Donald suffered a number of health problems, forcing her to miss a substantial amount of work. In February of 2008, Sybra terminated Donald when it suspected that Donald entered customer orders improperly in order to steal cash from her register. Donald su... More...   $0 (01-17-2012 - MI)

The question presented in this appeal is whether the Eleventh Amendment protects New Mexico from a suit for money damages under Title II of the Americans With Disabilities Act (ADA), 42 U.S.C. §§ 12131–65. We conclude it does. New Mexico has state sovereign immunity from a claim that it violated the ADA when it revoked the medical license of a physician whose practice the state claimed constit... More...   $0 (01-11-2012 - NM)

Appellant Kathryn Pereda (“Pereda”) appeals the district court’s dismissal of her two-count complaint alleging interference and retaliation under the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601, et seq., against Appellee Brookdale Senior Living Communities (“Brookdale”). The district court held that because Pereda was not an eligible employee at the time she was ... More...   $0 (01-10-2012 - FL)

Breckenridge O’Fallon, Inc. (“Breckenridge”), produces ready-mix concrete.

Breckenridge employee Ron Eguia injured his back driving a ready-mix truck. After treatment, Eguia’s physician released him to work with no lifting restrictions. Acting on opinions by two other physicians that Eguia should be subject to permanent lifting restrictions below the minimum physical requirements of... More...   $0 (01-09-2012 - MO)

Appellant Keith Thompson brought suit against Air Transport International LLC (ATI) alleging ATI violated his rights under the Family Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., and under the Arkansas Civil Rights Act (ACRA), Ark. Code Ann. § 16-123-101 et seq. The district court dismissed, finding Thompson’s claims were subject to a mandatory arbitration provision contained in a colle... More...   $0 (12-28-2011 - AR)

The Americans With Disabilities Act, 42 U.S.C. §§ 12101 - 12213 (ADA), prohibits covered employers from discriminating against their employees on the basis of disability. See id. § 12112(a). The ADA defines a “disability” as “a physical or mental impairment that substantially limits one or more major life activities of [an] individual.” Id. § 12102(1)(A). In this appeal, we must determ... More...   $0 (12-21-2011 - OK)

We are asked to review a jury verdict in favor of the Petitioner, Julia M. Taylor, an African American female, in a suit in which she alleged both sexual discrimination and retaliatory termination against Giant of Maryland LLC, Respondent.1 The focal point of our review of the discrimination verdict is the application of “comparator evidence”2 in the context of Ms. Taylor’s claim of disparat... More...   $0 (12-06-2011 - MD)

Lisa Makowski, an employee of SmithAmundsen, LLC (“SmithAmundsen”), took leave under the Family Medical Leave Act (“FMLA”) beginning just before the birth of her child and continuing after the birth. While Makowski was on leave, her supervisors informed her that her position was eliminated as part of an organizational restructuring and terminated her employment.

Makowski filed suit ... More...   $0 (11-09-2011 - IL)

Katherine L. Farrow sued the City of Oklahoma City on a wrongful termination theory claiming to have been a long term employee of the City of Oklahoma City before August 9, 2011. She further claimed that she was wrongfully terminated from employment contrary to the provisions of the Americans with Disabilities Act of 1990 (ADA); the Age Discrimination Act of 1967 and the Family Medical Leave Act ... More...   $41900 (11-08-2011 - OK)

Cynthia Anderson appeals from the district court’s entry of summary judgment in favor of The Cato Corporation on her claim of discrimination under the Pregnancy Discrimination Act, 42 U.S.C. § 2000e(k). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I. BACKGROUND1

Anderson began working for Cato as a part-time sales associate in Cato’s Leavenworth, Kansas, store in Feb... More...   $0 (10-27-2011 - KS)

The American Medical Association was not immune to the downturn in the economy. Budget cuts mandated that some employees lose their jobs, including at least one in the department where William Shaffer worked. Fortunately for him, or so it seemed, his supervisor was leaning toward letting another person go. But soon after Shaffer requested leave in light of upcoming surgery, that changed. His super... More...   $0 (10-18-2011 - IL)

Bruce Barton was employed in the sales-training department at Zimmer, Inc., an Indianabased manufacturer of orthopedic devices. In May 2004 Zimmer assigned Andy Richardson to supervise the department. During the course of the next year, Richardson removed many of Barton’s primary job duties because he thought Barton, age 57, was too old. Barton lodged an age-discrimination complaint with Richard... More...   $0 (10-18-2011 - IN)

Autumn Eaton sued her employer, the Indiana Department of Corrections, Pendleton Juvenile Corrections Facility (“DOC”), under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, alleging that DOC discriminated against her on the basis of gender when it terminated her employment.

The district court granted summary judgment in favor of DOC, and Eaton’s appeal followed. On a... More...   $0 (09-09-2011 - IN)

Jennifer Frensley appeals the summary judgment dismissal of her quid pro quo sexual harassment suit against her former employer, North Mississippi Medical Center (NMMC), and supervisor, Michael Denham, after her position as the nurse manager of the ICU was eliminated and NMMC failed to hire her as the nurse manager in one of two replacement units. We agree with the district court that the summary ... More...   $0 (09-08-2011 - MS)

Ellen Quinn sued her employer, St. Louis County, under the Minnesota Human Rights Act (MHRA), Minn. Stat. §§ 363A.01-.43, and the Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-54, and asserted other state common law claims including breach of employment contract. Quinn appeals the dismissal of her breach of contract claim with prejudice, the denials of her motions for leave to amend her c... More...   $0 (09-06-2011 - MN)

The plaintiffs appeal adverse decisions below relating to their one-time employer Motorola’s alleged violation of their rights under the proscriptive anti-discrimination and anti-retaliation provisions of § 2615 of the Family and Medical Leave Act (the “FMLA”). James Breneisen appeals the district court’s dismissal of his claim based on a determination that he was not eligible for recover... More...   $0 (09-02-2011 - IL)

Maureen Hergenreder began working as a nurse for Bickford Senior Living Group in early November 2006. She filed this suit after she was fired from her job with Bickford in January 2007, alleging that her firing was in violation of the Americans with Disabilities Act. In response, Bickford filed a motion to stay the proceedings and compel arbitration. The district court granted this motion and dism... More...   $0 (08-30-2011 - MI)

Beverly Healthcare, LLC (“Beverly”), employed Victoria Serednyj as an Activity Director in Beverly’s Golden Living nursing home in Valparaiso, Indiana, from August 2006 to March 2007. In early January 2007, Serednyj learned she was pregnant, and, at the end of February 2007, she began to experience pregnancy-related complications. Her doctor placed her on bed rest for two weeks, and, at the ... More...   $0 (08-26-2011 - IN)

Jordan To appeals the district court's1 grant of summary judgment in favor of his former employer, appellee U.S. Bank, in this wrongful-termination suit brought pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA). We affirm.

I. BACKGROUND

From March 2007 to August 2008, To worked for U.S. Bank as a Senior Research Clerk. In October 2007, To enlisted... More...   $0 (08-25-2011 - MN)

Di Ann Sanchez filed suit against her former employer, alleging discrimination and retaliation in violation of the Americans with Disabilities Act, the Family Medical Leave Act, and the Texas Commission on Human Rights Act. The district court granted summary judgment dismissing the suit, finding the evidence from the defendant of nondiscriminatory reasons for her termination to be uncontested. We ... More...   $0 (08-22-2011 - TX)

After 19 weeks of medical leave, long-time employee Katrina L. Rogers returned to her job with the County of Los Angeles, only to learn that she was being transferred to another position in another department. She sued the County for violation of the California Family Rights Act of 1993 (CFRA) (Gov. Code, § 12945.2). Her claim had two components: (1) that the County interfered with her CFRA right... More...   $0 (08-16-2011 - CA)