McCORKLE LAW is a firm that specializes in complex civil litigation including civil rights, employment issues, personal injury and wrongful death, Title IX and appeals. The following cases are a representative sample of Melinda's experience in civil litigation and the appellate process irrespective of whether Melinda represented the client in the underlying case.
Education:
Employment Law:
Other litigation:
The following is a summary of practice areas:
Education:
- Forth v. Laramie Cnty. Sch. Dist. No. 1, 85 F.4th 1044 (10th Cir. 2023), (represented plaintiff/appellant in Title IX case in which the Tenth Circuit reversed and remanded the District Court's granting of summary judgment, holding a jury could conclude that the school district had actual notice that the teacher posed a threat to the student. The case is pending before the United States District Court, District of Wyoming.)
- B.A.L. v. Laramie County School District No. 1, et. al., No. 17-8000 (10th Cir. 2017); B.A.L. v. Laramie County School District No. 1, et. al., Civ. Action No. 16-CV-91 (D. Wyo. 2016) (represented plaintiff/appellee for violations of Title IX and 42 U.S.C. § 1983. The school district filed an interlocutory appeal regarding whether Court properly determined principal of school should remain in case in his official and individual capacity for potential violations of 42 U.S.C. § 1983 under danger creation theory.)
- Jemaneh v. Univ. of Wyoming, et. al., 622 F. App’x 765 (10th Cir. 2015), cert. denied, 136 S. Ct. 2419 (2016) (represented the University of Wyoming against a claim by a former student of discrimination and violations of the First Amendment, due process, and equal protection. Defended and obtained dismissal via motions to dismiss for all fourteen claims and sixteen defendants.)
Employment Law:
- Weeks v. Becker, et. al., Civ. Action No. 16-CV-305 (D. Wyo. 2016) (represented employee in wrongful termination suit involving breach of contract and violation of procedural due process pursuant to 42 U.S.C. § 1983.)
- Osborne v. Baxter Healthcare Corp., 798 F.3d 1260 (10th Cir. 2015) (represented plaintiff/appellant in discrimination case based upon American with Disabilities Act.)
- Equal Employment Opportunity Commission v. Superior Electric, Inc., Civ. Action No. 13-CV-182 (D. Wyo. 2013) (defended employer against Title VII claims.)
- Laramie Cty. Sheriff's Dep't v. Cook, 272 P.3d 966 (Wyo. 2012) (represented employee and successfully argued the termination was not supported by substantial evidence.)
Other litigation:
- Barney, et al. v. Lane, et al., USDC No. 1:23-CV-00011-SWS (D. Wyo. 2023); Barney, et al. v. Lane, et al. (In re Lane), No. 20-ap-2018 (Bankr. D. Wyo. 2018) (represented individuals seeking a permanent injunction against a litigant whom plaintiffs alleged had improperly filed numerous lawsuits in violation of prior bankruptcy orders. After a five-day bench trial in April 2022, the United States Bankruptcy Court, District of Wyoming entered a 93-page Order granting the request for filing restrictions against the defendant and his surrogates, enjoining him from “initiating or prosecuting litigation or any other adversarial action” against any of the plaintiffs in the adversarial action without first seeking permission from the Bankruptcy Court.)
- Management Nominees, Inc. v. Skowronska, et. al., 450 P.3d 672 (Wyo. 2019) (represented appellee after prevailing in five day jury trial. Dispute over ownership of LLC, involved complicated issues of beneficial ownership)
- Saunders v. Saunders, 445 P.3d 991 (Wyo. 2019) (represented appellant in jurisdictional issues of venue and forum non conveniens)
- In the Matter of the Wrongful Death of Stephanie Gustafson and Andrew E. Gustafson v. Gayle A. Anderson, et. al., Civ. Action No. S-17-0153 (Wyo. 2017) (denied Petition for Writ of Review)
- Lane v. Buckley, et. al., No. 17-8079 (10th Cir. 2017) (represented defendants/appellees in claims of breach of fiduciary duty, the Wyoming Uniform Fraudulent Transfer Act, and anticipatory repudiation of a contract)
- Lane v. Buckley, et. al., 643 F. App’x 686 (10th Cir. 2016) (defendants/appellees in question of whether plaintiff’s motion for preliminary injunction properly denied)
- Peerless Indem. Ins. Co. v. Swanner, et. al., No. 14-CV-99-SWS, 2015 WL 11022848 (D. Wyo. Jan. 2, 2015), aff'd sub nom. Peerless Indem. Ins. Co. v. Swanner, 651 F. App’x 785 (10th Cir. 2016); Auguste and Azhagappan v. Swanner, Civ. Action No. CV-2012-161 (Fourth Judicial District, Wyo. 2012) (represented two individuals injured by a co-employee. After we defeated a motion for summary judgment, the insurer filed a declaratory judgment action in federal court arguing it did not have to defend or indemnify its insured based upon exclusions in its insurance policy. We defeated the insurer’s motion for summary judgment. The insurer appealed to the Tenth Circuit, where we again prevailed.)
The following is a summary of practice areas:
- Civil Litigation
- Civil Rights
- Title IX
- Personal Injury
- Wrongful Death
- Labor and Employment
- Professional Licensing Issues
- Administrative Law
- Small Business Representation
- Civil and Administrative Appeals