DISCRIMINATION ~ RETALIATION *Bacy v. Chickasaw Nation Industries, Inc. (10th Cir., March 30, 2021) (affirming summary judgment in favor of Chickasaw on Bacy’s racial discrimination claims: a single racist remark is insufficient to prove a hostile work environment, nor could Bacy show direct evidence of discrimination or pretext behind Chickasaw’s reason for Bacy’s termination) CONTRACT ~ NONCOMPETE ~ TRADE […]
Labor Unions Hendrickson v. AFSCME Council 18 (10th Cir., March 26, 2021) (affirming dismissal of Hendrickson’s claim that the union cannot retain dues deducted from his paycheck or serve as his exclusive bargaining representative: exclusive representation remains constitutional and Hendrickson’s claim seeking prospective relief as regards the union’s opt-out window was moot) Workers’ Compensation ~ […]
Discrimination ~ Retaliation *Fisher v. Basehor-Linwood Unified School District (10th Cir., March 16, 2021) (affirming summary judgment in favor of the school district on Fisher’s claims for disability discrimination and retaliation: Fisher presented no evidence that her the principal’s inquiry regarding her disability was inconsistent with the District’s business needs, and thus proper, nor could […]
Workers’ Compensation ~ Occupational Safety and Disease *Deherrera v. Commissioner (10th Cir., March 12, 2021) (affirming denial of disability benefits: the evidence satisfies the substantiality test: more than a scintilla supports the conclusion here) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and […]
Discrimination ~ Retaliation *Dennis v. Fitzsimons (10th Cir., March 3, 2021) (affirming summary judgment in favor of Fitzsimons on Dennis’s disability discrimination claim: Dennis failed to offer any evidence of a causal connection between his alcoholism and his discharge) Miscellaneous Tanner v. McMurray (10th Cir., March 2, 2021) (reversing summary judgment granting defendants qualified immunity […]
Public Employer ~ Employees Brownback v. King (U.S., February 25, 2021) (reversing the Sixth Circuit’s determination that the district court’s dismissal of King’s Federal Tort Claims Act claims did not trigger the 28 USC §1346(b) judgment bar to block his Bivens claims: The District Court’s order was a judgment on the merits of the FTCA […]
ERISA and Employee Pension Plans *Festini-Steele v. Exxonmobil Corp. (10th Cir., February 18, 2021) (Reversing lower court determination that divorce decree was not a qualified domestic relations order, and that Festini-Steele was therefore not entitled to the proceeds of her ex-husband’s group life insurance policy: the order was plainly a QDRO and thus exempt from […]
ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Workers’ Compensation ~ Occupational Safety and Disease *Tesone v. Empire Marketing Strategies (10th Cir., February 5, 2021) (affirming summary judgment in favor of Empire Marketing on Tesone’s disability discrimination claim: Tesone had no evidence from which to establish disability under the ADA) Salinas v. United States Railroad Retirement Board (U.S. Supreme Court, Februay 3, 2021) […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
