Cases — May 20th through 26th, 2018

Discrimination/Retaliation *Christmon v. B&B Airparts, Inc. (10th Cir., May 24, 2018) (affirming summary judgment in favor of B&B on Christmon’s religious discrimination claim: B&B reasonably accommodated Christmon’s beliefs) Labor Unions Epic Systems Corp. v. Lewis (U.S., May 21, 2018) (The Federal Arbitration Act mandates that arbitration agreements providing for individual proceedings be enforced as written) […]

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Cases — May 13th through 19th, 2018

Discrimination/RetaliationFassbender v. Correct Care Solutions, LLC (10th Cir., May 15, 2018) (reversing summary judgment in favor of Fassbender on her pregnancy discrimination claim but affirming summary judgment on her retaliation claim as CCS’s explanation could reasonably be seen as pretextual)MiscellaneousXyngular v. Schenkel (10th Cir., May 15, 2018) (affirming imposition of sanctions for prelitigation conduct)

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Cases — May 6th through 12th, 2018

Discrimination/Retaliation Kerner v. City and County of Denver (10th Cir., May 7, 2018) (remanding the district court’s Lodestar analysis of attorney’s fees following Kerner’s prevailing on her disparate impact claim)  ERISAEmployees’ Retirement System v. Williams Companies (10th Cir., May 11, 2018) (affirming dismissal of amended complaint for failure to adequately allege scienter)

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Cases — April 22nd through 28th, 2018

Workers Compensation/Occupational Safety & DiseaseDavis v. Labor Commission (Utah Ct. App., April 26, 2018) (declining to disturb Commission determination that worker was not acting in the course of his employment at the time of his accident:  discussion of the instrumentality exception to the “going and coming” rule—the truck was not an instrumentality of company’s business)Pittman v. Berryhill […]

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Cases — April 1st through 7th, 2018

Workers Compensation/Occupational Safety and Disease*Morgan v. Baker Hughes Incorporated (10th Cir., April 3, 2018) (reversing judgment as a matter of law: material disputes remain forresolution as to Baker Hughes’ forklift safety procedures)WagesEncino Motorcars, LLC, v. Navarro (U.S., April 2, 2018) (reversing 9th Circuit and holding that service advisors are “salesm[e]n . . . primarily engaged in. […]

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Cases — March 25th through 31st, 2018

Discrimination/Retaliation*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam’s hostile environment and religious and national-origin discrimination claims)ERISA and Employee Pension PlansDeseret Book Company v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board’s conclusion […]

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