Showing 61–80 of 81 results
¶90 We further hold that the City is liable under the doctrine of respondeat superior for Shoemaker’s illegal retaliation against Denke arising out of his January 2000 letters. We reverse the District Court’s contrary conclusion and remand with...
¶70 The hearing examiner determined that Shoemaker illegally retaliated against Denke when he circulated his January 6 and January 19 letters. In particular, the examiner held Shoemaker liable for (1) the statements in the January 6 letter, made with reckless...
Van Haele v. State 2009 MT 436N Date filed: 2009-12-22 Doctrine: retaliation Source: https://www.courtlistener.com/opinion/888681/van-haele-v-state/ --- 010combined --- December 22 2009 DA 09-0273 IN THE SUPREME COURT OF THE STATE OF...
...the four claims [one of which was negligent employment] is an injury that is a target of the UADA: retaliation for complaints of sexual harassment. While it is true that all four claims arise out of defendants’ retaliatory conduct, preemption...
...and Industry alleging that the City and Maurice Shoemaker, a member of the Thompson Falls City Council, had unlawfully retaliated against her. After a contested case hearing, the hearing examiner *324awarded judgment against Denke on her claims against the City...
...We hold that the City cannot prevail in asserting either § 2-9-111, MCA, or § 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct of the discussion of the...
*334¶35 Denke then appealed to the Human Rights Commission (“HRC”) the denial of her claim that Shoemaker and the City had retaliated against her during the February 14 council meeting and the denial of her claim that the City...
...The City also made additional administrative decisions-in direct opposition to their non-retaliation agreement-to use a larger building to accommodate greater attendance at the meeting and to allow unlimited public comment on Denke’s employment matter.
...Jankes alleged for their counterclaim that Swenson failed to provide necessary services and attempted to evict them in retaliation for a notice of problems they had sent him. Swenson's claim was dismissed after he failed to appear, and by...
...in violation of Montana law and health department regulations and that his action to terminate Jankes tenancy was in retaliation for their notice of July 8, 1992, and for Alice Jankelsparticipation in a tenants' association. The court awarded Jankes $540...
...Denke argues that *337“(j]ust as harassment is not considered a ‘legislative act’ under the statute, neither should retaliation be so considered.” In addition, relying in large part on Bechard v. Rappold, 287 F.3d 827 (9th Cir. 2002...
¶64 In sum, we hold that the City cannot prevail in asserting either § 2-9-111, MCA, or § 2-9-114, MCA, as a defense to Denke’s claim of unlawful retaliation based on the City’s conduct of the...
...Here, the court, as discussed in Issue 1, found that Swenson acted in retaliation and concluded that he violated § 70-24-431, MCA. Accordingly, Jankes were entitled to "recover an amount not more than 3 months1 periodic rent or treble...
¶8 In August 1999, Denke filed a Human Rights complaint with the Department of Labor and Industry alleging sexual harassment and retaliation by the mayor. In October of that year, the City Council met in executive session, which was open...
¶42 As noted in the background discussion above, the hearing examiner did not reach the question of whether the manner in which the City conducted the council meeting constituted unlawful retaliation. The examiner did determine that (1) “Denke presented evidence...
...The doctrine actually contemplates that wrongful conduct (such as unlawful retaliation) was committed within the scope of employment. Accordingly, the fact that Shoemaker’s retaliatory statements were not privileged under § 27-1-804(1), MCA, does not mean that the...
¶29 Turning to the legal issues, the hearing examiner first determined that Denke had established a prima facie case of unlawful retaliation by both the City and Shoemaker. Specifically, she proved that she had engaged in an activity protected by...
...On appeal, Swenson contends that the court's finding of retaliation was clearly erroneous. Section 70-24-431 , MCA, prohibits retaliatory conduct by a (1) landlord and provides that: Except as provided in this section, a landlord may not retaliate...
...The examiner concluded that *333Shoemaker had illegally retaliated against Denke when he circulated these statements and innuendos in his letters, and the examiner awarded Denke $7,500.00 to rectify the severe emotional distress she had suffered as a result...
District Court dismissed Swensonls claims and held that Swenson failed to provide necessary services and that his attempt to evict was in retaliation for Jankesl notice and for participation in a tenants1 association. The District Court awarded Jankes three months1...