Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]
Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]
Discrimination & Retaliation Rock v. Levinski (10th Cir., June 29, 2015) (affirming Rock’s dismissal because her right to free speech did not overcome Levinski’s concern that those in high-ranking policy positions should “speak publicly with a single voice on policy matters”) Miscellaneous United States v. Kizzy Kalu (10th Cir., June 29, 2015) (affirming conviction and […]
Discrimination & Retaliation Teufel v. Dept. of the Army (10th Cir., June 26, 2015 — persusasive) (denying Teufel’s petition for review because all the points raised are “committed by law to the appropriate agency of the Executive branch”) Billy v. Curry County Board of Commissioners (10th Cir., June 25, 2015 — persuasive) (very brief case upholding Billy’s […]
Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]
Discrimination EEOC v. Abercrombie and Fitch Stores, Inc. (U.S., June 1, 2015) (to prevail in a disparate-treatment claim, an applicant need show only that his need for accommodation was a motivating factor in the employer’s decision,not that the employer knew of his need.)
Contract/Noncompete Anderson v. Larry H. Miller Communications (Utah Ct. App., May 29, 2015) (affirming summary judgment in favor of Larry H. Miller based upon the absence of a contract) Pre-Paid Legal Services, Inc,, v. Cahill (10th Cir., May 26, 2015) (affirming lower court’s lifting stay pending arbitration and resuming litigation because defendant failed to […]
ERISA Tibble v. Edison International (U.S., May 18, 2015) (vacating 9th-Circuit decision as to six-year statute of limitations, because fiduciary has a continuing obligation to review and discard imprudent investments) Wages Baker v. Labor Commission (Utah Ct. App., May 21, 2015) (setting aside decision below because petitioner’s withdrawal of her wage claim came after respondent’s […]
Workers Compensation Lankford v. Colvin (10th Cir., May 14, 2015) (affirming denial of disability and supplemental security income benefits) Discrimination Brown v. Marriott Hotel (10th Cir., May 12, 2015) (affirming dismissal under Rule 12(b)(6) because Brown’s allegations fail to provide a basis for a federal employment discrimination claim)
Contract/Noncompete/Trade Secret/Wrongful Termination Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney’s fees) Discrimination Hare v. Donahoe (10th Cir., May 4, 2015) (affirming dismissal, under Rule 12(b)(6), […]
