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Age Discrimination Law
 
STATE OF OHIO v. JIBRIIL A. HERSI

In March of 2016, Mr. Hersi was driving his semi-truck and trailer westbound on
Interstate 76. Inspector Richard Bell, a civilian working with the Ohio State Highway Patrol as a
Federal Motor Carrier Officer in a marked vehicle, activated his lights and siren and attempted to
stop Mr. Hersi’s semi-truck for a safety inspection. According to Inspector Bell, when Mr. Hersi
did ... More...
   $0 (01-18-2018 - OH)

Aaron C. Rooney v. Rock-Tenn Converting Company Federal Courthouse Western District of Arkansas - Fayetteville, Arkansas

Aaron C. Rooney was fired and sued his former employer, alleging that he was
discriminated against for being male and non-Jewish. But his former employer,
1The Honorable John M. Gerrard, United States District Judge for the District
of Nebraska, sitting by designation.
Rock-Tenn Services, Inc., contends that Rooney 2 was fired for poor performance.
The district court3 granted s... More...
   $0 (01-18-2018 - AR)

Ndioba Niang v. Emily Carroll Eastern District of Missouri Federal Courthouse - St. Louis, Missouri

Missouri statutes require African-style hair braiders to be licensed as barbers
or cosmetologists. Ndioba “Joba” Niang and Tameka Stigers challenge this
requirement under the Fourteenth Amendment. The district court1 granted summary
judgment for the State. Having jurisdiction under 28 U.S.C. § 1291, this court
affirms.
African-style hair braiders are required to have a license ... More...
   $0 (01-18-2018 - MO)

Brandon Brown v. The State of Texas Court of Appeals Sixth Appellate District of Texas at Texarkana

Brandon Brown was convicted of murdering Christopher Guilbeau and was sentenced to
fifty years’ imprisonment. On appeal, Brown argues that (1) the trial court erred in failing to grant
his motion to suppress, (2) the evidence is legally insufficient to support the trial court’s finding
of guilt, and (3) the evidence is insufficient to support the assessment of $234.00 in court cost... More...
   $0 (01-17-2018 - TX)

William Bustos v. Global P.E.T., Inc.

Plaintiff and appellant William Bustos brought this disability discrimination action
against his former employers, defendants and respondents Global P.E.T., Inc. and Global
Plastics, Inc. (collectively, Global). A jury found that Bustos’s physical condition or
perceived physical condition was “a substantial motivating reason” for his termination,
but nevertheless returned defense ... More...
   $0 (01-17-2018 - CA)

Ayesha Khan v. Midwestern University Northern District of Illinois Courthouse - Chicago, Illinois

Ayesha Khan struggled academically in medical school from the outset. She failed three of her courses in her first year of medical school at The Chicago College of Osteopathic Medicine at Midwestern University. Ordinarily, under the school policy, this would permit the school administrators to dismiss her from the program. They opted not to do so. Instead, they gave Khan a second oppor-
2 No. ... More...
   $0 (01-16-2018 - IL)

Keith Saunders v. Ford Motor Company, Jeff Marzian, Karen Morrison Western District of Kentucky Federal Courthouse - Louisville, Kentucky

This case involves claims by Keith Saunders
against his employer, Ford Motor Company, under both § 301 of the Labor Management
>
No. 17-5277 Saunders v. Ford Motor Co., et al. Page 2
Relations Act (LMRA), 29 U.S.C. § 185, and Kentucky law. Saunders contends that Ford
breached the applicable collective bargaining agreement (CBA) by twice placing him on
temporary leave—known ... More...
   $0 (01-16-2018 - KY)

Marie DiFiore v. CSL Behring, LLC Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Marie DiFiore asserted claims against her former employer, CSL Behring, for retaliation in violation of the False Claims Act, and for wrongful discharge under a theory of constructive discharge in violation of Pennsylvania state
3
law. The False Claims Act (“FCA”) includes an anti-retaliation provision for employee whistleblowers who engage in activity protected by the FCA. The District Co... More...
   $0 (01-14-2018 - PA)

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

State of Louisiana v. Navarius Simon

On June 8, 2016, Donna Richardson, Simon’s parole officer, paid a
visit to Simon’s home, located at 400 Topeka Street in Mansfield, Louisiana.
Richardson testified that when she pulled up to the home, Simon, who was
outside washing his carport, noticed her and began walking into the house.
Richardson asked him to stop, but when he continued, she followed him into
the hom... More...
   $0 (01-12-2018 - TX)

Ashton Whitaker v. Kenosha Unified School District No 1 Board of Education Eastern District of Wisconsin Federal Courthouse - Milwaukee, Wisconsin

Milwaukee, WI - Transgender Student Settles Claim Against High School for $800,000

Ashton Whitaker sued the Kenosha Unified School District No 1 Board of Education on a sex discrimination theory after it refused to allow him to use the boys bathrooms. Ashton began openly identifying as a boy during his freshman year at school. He was told by teachers and administrators that he could not ... More...
   $0 (01-11-2018 - WI)

COMMONWEALTH vs. CRISOSTOMO LOPES et al Jury reaches verdict in killing of 14-year-old Dorchester boy

We summarize the facts that the jury could
have found, reserving certain details for discussion of the
legal issues.
The victim was fourteen years old and lived on Norton
Street in the Dorchester section of Boston. On May 30, 2010,
1 At the time of oral argument, the codefendant had not yet filed his brief with this court... More...
   $0 (01-10-2018 - MA)

City of Modesto v. The Dow Chemical Company

In late 1998, the City of Modesto (the City), the City of Modesto Sewer District
No. 1 (the Sewer District) and the Modesto Redevelopment Agency (the RDA) sued
various retail dry cleaning businesses (dry cleaners) operating in Modesto together with
the manufacturers of dry cleaning equipment used at those dry cleaners, and the
manufacturers and distributors of dry cleaning solvent.... More...
   $0 (01-08-2018 - CA)

Yasas Rodrigo v. Carle Foundation Hospital, d/b/a Carle Foundation Houston & Family Medical Residenced Central District of Illinois Federal Courthouse - Urbana, Illinois

Yasas Rodrigo sued his employer,
Carle Foundation Hospital (“Carle”), for violations of the
Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.
(“Act”). The district court granted summary judgment in favor
of Carle on Rodrigo’s claims for disability discrimination,
failure to provide a reasonable accommodation, and retaliation.
Rodrigo appeals and we affirm.
I.More...
   $0 (01-08-2018 - IL)

T.J. Simers v. Los Angeles Times Communications, LLC

In March 2013, plaintiff T.J. Simers was a well-known and
sometimes controversial sports columnist for Los Angeles Times
Communications, LLC (The Times or defendant). He had held
that position since 2000, receiving uniformly favorable and often
exceptional performance reviews from defendant. On March 16,
2013, plaintiff, then 62 years old, suffered a neurological event
with... More...
   $0 (01-06-2018 - CA)

J. Brent Arave v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

Plaintiff and appellant, J. Brent Arave, brought several claims under the California
Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his
former employers, Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), Bank of
America (BoA), his supervisor Joseph Holsinger, and a human resources supervisor,
Katherine Anderson (collectively, defendants). He ... More...
   $0 (01-04-2018 - CA)

Wandering Dago Inc. v. New York State Office of General Services et al. United States Court of Appeals for the Second Circuit Court of Appeals - New York, New York

New York, NY Plaintiff‐appellant Wandering Dago, Inc., (“WD”) operates a food truck and
32 brands itself and the food it sells with language generally viewed as ethnic slurs.
33 Defendants‐appellees are officials within the New York State Office of General Services
* Judge Carol Bagley Amon, of the United States District Court for the Eastern District of
New York, sitti... More...
   $0 (01-03-2018 - NY)

Rory C. Flynn v. United States Securities and Exchange Commission Fourth Circuit Court of Appeals - Richmond, Virginia

In May 2013, Rory Flynn was fired from his position at the Securities and Exchange Commission (“SEC,” or the “Commission”). Flynn claims that his supervisor terminated him in reprisal for raising concerns about his section’s alleged chronic inefficiency. Seeking redress under a provision of the Whistleblower Protection Enhancement Act, 5 U.S.C. § 2302(b)(8), Flynn filed suit. An Administrative Jud... More...   $0 (12-30-2017 - MD)

Leonal Anthony Garcia-Garcia v. Costco Wholesale Croporation United States Court of Appeals for the First Circuit for the First Circuit

After approximately eleven
years of working his way up the Costco1 employment ladder,
appellant Leonal Anthony Garcia-Garcia2 (Garcia) was fired
following an investigation which revealed an inventory discrepancy
in the Meat Department that he managed. Garcia sued Costco in
federal court invoking diversity jurisdiction and alleging an
array of Puerto-Rico-based claims stemmi... More...
   $0 (12-30-2017 - PR)

Melissa Koch v. Mack Trucks, Inc. Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

Eston, PA - Jury Finds In Favor of Mack Employee and Awards Her $675,000

Melissa Koch, age 50, sued Mack Trucks, Inc. on an employment discrimination theory under 42 U.S.C. 2000e claiming that she was discriminated against because of her sex and disability at Mack where she worked for 20 years. She claimed that she was passed over for more than 60 promotions that she applied for.
More...
   $675000 (12-30-2017 - )

Alonso Donell Irving v. The State of Texas Houston County jury sentences man involved in Lovelady bank robbery to 45 years

Appellant was charged by indictment with aggravated robbery. He pleaded “not guilty” and the matter proceeded to a jury trial. During voir dire, the State sought to exercise a peremptory strike against Venire Member Number 21, who is African American. Appellant objected to this strike pursuant to Batson v. Kentucky, 476 U.S. 79, 86, 106 S. Ct. 1712, 1717, 90 L. Ed. 2d 69 (1986).1 The State res... More...   $0 (12-28-2017 - TX)

State of Hawaii v. Donald J. Trump Ninth Circuit Court of Appeals Courthouse - San Francisco, California

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in... More...   $0 (12-22-2017 - HI)

Ketryn Cornell v. Berkeley Tennis Club

Plaintiff Ketryn Cornell is a severely obese woman who was fired from the
Berkeley Tennis Club after having worked there for over 15 years. She brought eight
claims against the Club: three under the California Fair Employment and Housing Act
(FEHA; Gov. Code, § 12900 et seq.), for disability discrimination and failure to
accommodate her disability (the discrimination/failure to acc... More...
   $0 (12-22-2017 - CA)

Carolyn Jackson, Individually and on behalf of Jeffrey E. Jackson, deceased, Natosha Celestine and Terrance Jackson v. Daniel Garber Stroud, M.D.

This is an appeal from a take-nothing judgment entered after a jury trial in a medical malpractice case. Carolyn Jackson sued Daniel Garber Stroud, M.D., over the death of her husband, which occurred shortly after Stroud performed surgery
2
on him. During voir dire, Stroud, who is Caucasian, used three of his peremptory strikes to remove all black panelists from the panel of potential juro... More...
   $0 (12-21-2017 - TX)

Joanie Latin v. Bellio Trucking, Inc. Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Defendant-Appellant Bellio Trucking, Inc., appeals from the district court’s
order granting Plaintiff-Appellee Joanie Latin’s attorney’s fees of $175,003.42.
Order, Latin v. Bellio Trucking, Inc., No. 1:13-cv-01837-WYD-KMT, 2016 WL
9725289 (D. Colo. Nov. 23, 2016). Our jurisdiction arises under 28 U.S.C. § 1291,
and we affirm.
2
Background
This case stems from a Title V... More...
   $0 (12-21-2017 - CO)

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