Cases — January 7th through 13th, 2018
NO CASES
Contract/Noncompete/Trade Secret/Wrongful Termination*Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator’s denial of damages)Discrimination/Retaliation*Black v. Larimer (10th Cir., January 3, 2018) (affirming dismissal for Black’s failure to prosecute her sexual harassment claim)ERISAVan Steen v. Life Insurance Company […]
Discrimination/RetaliationEqual Employment Opportunity Commission v. Ali (10th Cir., December 28, 2017) (affirming judgment for Jetstream on Muslim women’s discrimination claim: disposal of records was not in bad faith; refusal to give adverse-inference instruction was not abuse of discretion) *Mottas v. Department of the Army (10th Cir., December 27, 2017) (affirming Merit Systems Protection Board denial of […]
ERISAMedina v. Catholic Health Initiatives (10th Cir., December 19, 2017) (affirming summary judgment in favor of Catholic Health: ERISA’s church-plan exemption does not fall foul of the Establishment Clause)Discrimination/Retaliation *Jones v. Berryhill (10th Cir., December 21, 2017) (affirming denial of disability benefits: any step-four error wsa harmless)*Montano v. Brennan (10th Cir., December 20, 2017) (affirming […]
Discrimination/Retaliation*Gale v. Uintah County (10th Cir., December 15, 2017) (remanding for reevaluation of the limitations placed on testimony by the trial court: its unanalyzed evidence exclusion and unexplained change from denial to grant of motion constituted abuses of discretion) *Garcia v. Recondo Technologies (10th Cir., December 14, 2017) (affirming summary judgment in favor of Recondo on Garcia’s […]
Discrimination/Retaliation*Bright v. University of Oklahoma Board of Regents (10th Cir., December 5, 2017) (vacating sovereign-immunity dismissal of Bright’s ADA claim: the dismissal was proper but should have been without prejudice)Miscellaneous*Iglesia Pentecostal Casa de Dios para las Naciones, Inc. v. Duke (10th Cir., December 6, 2017) (affirming denial of visa for music director employee on Iglesia’s violation […]
Discrimination/Retaliation*Smith v. Sprint/United Management Company (10th Cir., December 1, 2017) (affirming summary judgment in favor of Sprint on Smith’s racial discrimination and retaliation claims: he failed to establish a prima facie claim of Title VII discrimination and failed to show that Sprint’s nondiscriminatory reason for terminating his was pretextual)Workers Compensation/Occupational Safety and DiseasePetersen v. Utah […]
Workers Compensation/Occupational Safety and Disease Rojas v. Utah Labor Commission (Utah Ct. App., November 16., 2017) (leaving undisturbed the Labor Commission’s decision denying Rojas a 15% increase in disability compensation because his workplace injury didn’t occur because of a willful safety violation by his employer)
Contract/Noncompete/Trade Secret/Wrongful Termination*Utter v. Amie Rose Colclazier (10th Cir., November 6, 2017) (affirming dismissal of implied employment contract and FMLA retaliation claims, but reversing dismissal of breach of contract and First Amendment claims)*Rael v. Smith’s Food and Drug Centers, Inc. (10th Cir., November 7, 2017) (affirming dismissal of Rael’s state law harassment and emotional distress claims as preempted […]