Author: admin

Cases — November 13th through 19th

Contract/Noncompete/Trade Secret/Wrongful TerminationAcha v. Dept. of Agriculture (10th Cir., November 14, 2016) (vacating MeritSystems Protection Board decision:  the MSPB lacked jurisdiction to consider whether Acha had been terminated for disclosure of Federal Acquisition Regulation violation)Discrimination/Retaliation*Palzer v. Cox Oklahoma Telecom, LLC (10th Cir., November 18, 2016) (reversing dismissal of Palzer’s suit for failure of timely service, instead of giving […]

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Cases — October 30th through November 5th

WagesSharp v. CGG Land (U.S.), Inc. (10th Cir., November 4, 2016) (affirming exclusion of meal allowance from time-and-a-half overtime calculation)Workers Compensation/Occupational Safety and DiseasePetersen v. Labor Commission (Utah Ct. App., November 3, 2016) (affirming commission determination that surgeries were unnecessary and thus incompensable)*Paulsen v. Colvin (10th Cir., November 1, 2016) (affirming denial of disability benefits […]

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Cases — October 16th through 22nd

Workers Compensation/Occupational Safety and Disease *Razo v. Colvin (10th Cir., October 21, 2016) (affirming denial of disability benefits and supplemental income because the ALJ properly addressed Razo’s impairments and the opinions of the treating physician and the vocational expert) *Shelton v. Colvin (10th Cir., October 18, 2016) (affirming denial of disability benefits and supplemental income: […]

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Cases — October 23rd through 29th

Discrimination/Retaliation*Rusk v. State of Utah (10th Cir., October 26, 2016) (affirming dismissal of Rusk’s discrimination/retaliation claim as barred by sovereign immunity)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They may be cited, however, for […]

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Cases — October 9th through 15th

Discrimination/Retaliation*Ayalla v. U.S. Postmaster General (10th Cir., October 12, 2016) (affirming dismissal of Ayalla’s claims under the Age Discrimination in Employment Act and the Equal Pay Act, for failure to state a claim)Workers Compensation/Occupational Safety and Disease*Kirkpatrick v. Colvin (10th Cir., October 11, 2016)(affirming denial of disability benefits because Kirkpatrick failed to show that his RFC […]

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Cases — October 2nd through 8th

Discrimination/Retaliation*Tilghman v. Kirby (10th Cir., October 7, 2016) (affirming grants of summary judgment in favor of Kirby and Comanche County on Tilghman’s section 1983, sexual harassment, and retaliation)Labor Unions*Denton v. Yancey (10th Cir., October 3, 2016) (affirming summary judgment in favor of defendants on Denton’s free speech and association claims)Workers Compensation/Occupational Safety and Disease*Paulek v. […]

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Cases — September 25th through October 1st

Discrimination/Retaliation *Walker v. Balco (10th Cir., September 26, 2016) (finding no error in the dismissal of Walker’s retaliatory discharge complaint for failure to allege facts sufficient to show his discharge to be contrary to compelling public policy)  Workers Compensation/Occupational Safety & Disease *Allen v. Colvin (10th Cir., September 27, 2016) (affirming denial of disability benefits […]

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Cases —September 11th through 17th

Miscellaneous *Wyles v. Sussman (10th Cir., September 13, 2016) (vacating dismissal of federal suit: the pending state-court action did not preclude the parallel federal-court action) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. They […]

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