Khoury v. Regents of the University of California, 693 F. App'x 606

Sarkis Khoury, a finance professor at UC Riverside, was investigated internally and then terminated; he was also denied emeritus status.
Khoury sued the Regents under Title VII, alleging retaliation for protected activity; the Regents counterclaimed for fraud based on undisclosed outside income and unauthorized foreign teaching during sabbatical.
The district court granted summary judgment for the Regents on most Title VII claims, except Khoury’s claim that the initial investigation was retaliatory; that claim proceeded to jury trial and was rejected.
At trial Khoury moved (unsuccessfully) for judgment as a matter of law (JMOL) on the Regents’ counterclaims; the jury found for the Regents on fraudulent concealment and awarded $14,500.
The district court taxed costs largely to Khoury (about $19,691.47); Khoury appealed the summary-judgment limitation, the denial of JMOL, and the taxing of costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment improperly prevented Khoury from arguing termination/emeritus denial were retaliatory	Khoury: termination and denial were retaliatory, tied to prior protected activity	Regents: termination/denial resulted from separate misconduct investigation (unauthorized business, harassment, and outside teaching) with neutral hearing	Affirmed: no genuine issue of pretext for those actions; neutral process supported nonretaliatory reason
Whether district court erred by denying JMOL on counterclaims	Khoury: counterclaims should be barred by collateral estoppel/judicial exhaustion (JMOL sought)	Regents: evidence supported counterclaims; JMOL was improperly used to raise dismissal arguments	Affirmed: JMOL untimely/mischaracterized; motion attempted merits dismissal theory, not Rule 50 grounds
Whether the Regents proved fraudulent concealment on counterclaims	Khoury: insufficient/impermissible evidence or procedural bar	Regents: presented sufficient evidence to show fraudulent nondisclosure of outside income/teaching	Affirmed: jury verdict for Regents sustained
Whether taxing of costs to Khoury was improper	Khoury: costs improper, relying on success of JMOL/appeal arguments	Regents: prevailing party entitled to costs; district court properly taxed costs	Affirmed: costs upheld because counterclaims judgment affirmed

McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (established burden-shifting framework for Title VII retaliation claims)
Dawson v. Entek Int'l, 630 F.3d 928 (9th Cir. 2011) (applies McDonnell Douglas framework in Ninth Circuit)