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ROSENFIELD v. GLOBALTRANZ ENTERPRISES, INC.

No. 13-15292.

811 F.3d 282 (2015)

Alla Josephine ROSENFIELD, a married woman, Plaintiff-Appellant, v. GLOBALTRANZ ENTERPRISES, INC., a Delaware corporation; Andrew J. Leto, an Arizona citizen, husband; Anthony Albanese, a Florida citizen, husband, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 14, 2015.

Attorney(s) appearing for the Case

Timothy J. Casey (argued), Schmitt Schneck Smyth Casey & Even, P.C., Phoenix, AZ, for Plaintiff-Appellant.

Dinita L. James (argued), Gonzalez Saggio & Harlan LLP, Phoenix, AZ, for Defendants-Appellees.

Melissa A. Murphy , Senior Attorney, M. Patricia Smith , Solicitor of Labor, Jennifer A. Brand , Associate Solicitor, and Paul L. Frieden , Counsel for Appellate Litigation, United States Department of Labor, Washington, D.C.; and P. David Lopez , General Counsel, Jennifer S. Goldstein , Associate General Counsel, Carolyn L. Wheeler , Assistant General Counsel, and Susan L. Starr , Attorney, United States Equal Employment Opportunity Commission, Washington, D.C., for Amici Curiae Secretary of Labor and Equal Employment Opportunity Commission.

Opinion by Judge GRABER; Dissent by Judge BENSON.

OPINION

In Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1, 131 S.Ct. 1325, 1335, 179 L.Ed.2d 379 (2011), the Supreme Court established a "fair notice" test for deciding whether an employee has "filed any complaint" under the anti-retaliation provision of the...

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