Cases — November 8th through 14th, 2020

Discrimination~Retaliation *Jim v. Shiprock Associated Schools, Inc. (10th Cir., November 10, 2020) (affirming summary judgment in favor of Shiprock on Jim’s discrimination claim: the Equal Employment Opportunities Act includes an exception for Indian Tribes; here, the corporation constitutes an “indian tribe” because of its many links to the Navajo Nation) *Cases marked with an asterisk […]

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Cases — November 1st through 7th, 2020

Discrimination ~ Retaliation *Burton v. Vectrus Systems Corporation (10th Cir., November 2, 2020) (affirming award of costs to Vectrus on Burton’s whistleblower retaliation claim: Defendant need not be awarded damages to be considered the “prevailing party” for purposes of awarding costs) *Cases marked with an asterisk are not binding precedent, except under the doctrines of […]

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Cases — October 18th through 24th, 2020

Discrimination~ Retaliation *Palzer v. Coxcom, LLC (10th Cir., October 23, 2020) (affirming summary judgment in favor of Coxcom on Palzer’s age- and race-discrimination claims: Coxcom showed a legitimate, nondiscriminatory reason for Palzer’s termination, which Palzer failed to prove pretextual) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of […]

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Cases — September 27th through October 3rd, 2020

Discrimination~Retaliation Sanderson v. Wyoming Highway Patrol (10th Cir., September 30, 2020) (affirming dismissal of Sanderson’s retaliation claim but reversing summary judgment on her hostile work environment claim: A reasonable jury could find that she had raised genuine issues of fact as to the severity and pervasiveness prong of her hostile work environment claim)

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Cases — September 13th through 19th, 2020

Miscellaneous Fedor v. United Healthcare, Inc. (10th Cir., September 16, 2020) (vacating order compelling arbitration claims against Fedor’s former employer: the district court impermissibly compelled arbitrarion before finding an arbitration agreement existed) Workers Compensation ~ Occupational Safety and Disease Aubrey v. Koppes (10th Cir., September 18, 2020) (reversing summary judgment in favor of the county […]

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Cases — September 6th through 12th, 2020

Workers’ Compensation ~ Occupational Safety and Disease White v. Labor Commission (Utah Ct. App., September 11, 2020) (Declining to disturb the Commission appellate board determination that White had failed to show that his injury was legally caused by his employment: White failed to satisfy the heightened causation standard applicable because of his preexisting injury)

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