Cases November 10 through 22

Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]

Read More

Cases — October 26 through November 1

Giles v. Mineral Resources International, Inc. (Utah Ct. App., October 30, 2014) (breach of fiduciary duty based upon covenant not to compete) Moffett v. Colvin, Acting Commissioner (10th Cir., October 30, 2014) (affirming denial of application for disability insurance benefits) Hutchins v. Cessna Aircraft Company (10th Cir., October 30, 2014) (affirming summary judgement in favor […]

Read More

Cases for the week of October 19th

Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits) Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal […]

Read More

Cases for the Week of September 29th

Dumas v. Colvin, Acting Commissioner (10th Cir., September 29, 2014) (affirming denial of social security benefits). Hansen v. Department of Workforce Services (Utah Ct. App., October 2, 2014) (reversing & remanding denial of benefits based on ineligibility for the training exemption). Lammle v. Ball Aerospace & Technologies Corporation (10th Cir., September 30, 2014) (affirming denial […]

Read More

Cases for the Week of September 22nd

Stewart v. Oklahoma Office of Juvenile Affairs (10thCir., September 25, 2014) (affirming summary judgement on discrimination claim) Collvins v. Hennebold (10th Cir., September 25, 2014)(affirming denial of motion to amend ss. 1983 complaint)   Benton v. Town of South Fork (10th Cir., September24, 2014) (affirming dismissal of federal claims and numerous state claims, but remanding on […]

Read More

Cases September 8th–21st

Juarez-Galvan v. United Parcel Service, Inc. (10th Cir.,September 17, 2014) (upholding dismissal of employment discrimination and work environment claims because they should have been included in Juarez-Galvan I(Juarez-Galvan v. United Parcel Service, Inc. (10th Cir., July 22, 2014),below)) Olson v. Department of Workforce Service (Utah Ct. App., September 11, 2014) (upholding denial of benefits in […]

Read More

A Question of Self-Defense?

On September 3, 2014, the Utah Supreme Court heard argument in the case of Ray et al. v. Wal-Mart.  The plaintiffs—Ray, Dallin, Holt, Hunter, Poulsen, and Stewart—were Wal-Mart Employees terminated for, of all things, self-defense.  As at-will employees, of course, plaintiffs could have been terminated at any time for any reason, or for no reason […]

Read More

Cases for the Week of September 1, 2014Hendron v. Colvin, Acting Commissioner (10th Cir., September 5, 2014) (reversing district court reversal of commissioner’s denial of disability benefits) Smith v. UPS (10th Circuit, September 5, 2014) (discrimination appeal dismissed under the doctrine of judicial estoppel)Porta v. U.S. Office of Personnel Management (10th Cir., September 4, 2014) […]

Read More