Discrimination ~ Retaliation *Wu v. Bernhardt (10th Cir., June 26, 2020) (dismissing appeal for lack of jurisdiction and affirming dismissal for improper claim splitting) Public Employers / Employees Sawyers v. Norton (10th Cir., June 23, 2020) (affirming denial of qualified immunity to Defendant detention officers: the appellate court lacked jurisdiction on interlocutory review to address […]
Discrimination~Retaliation Bostock v. Clayton County, Georgia (U.S., June 15, 2020) (reversing 11th Circuit decision that Title VII of the Civil Rights Act does not prohibit the termination of employees for being gay: In Title VII, Congress adopted broad language making it illegal for an employer to rely on an employee’s sex when deciding to fire […]
Workers Compensation ~ Occupational Safety and Disease *Castille v. Commissioner, SSA (10th Cir., June 10, 2020) (affirming denial of disability benefits and social security income: there was no error in the ALJ’s decision that Castille was not disabled) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the […]
Discrimination ~ Retaliation Bussey v. Esper (10th Cir., June 5, 2020) (affirming dismissal of Bussey’s retaliation claim: He waived this argument because he raised it for the first time on appeal; moreover, substantial evidence indicated that his supervisors knew nothing of his complaints before firing him) ERISA Thole v. U.S. Bank (U.S., June 1, 2020) […]
Workers Compensation ~ Occupational Safety and Disease Oceguera v. Labor Commission (Utah Ct. App., May 29, 2020) (setting aside Commission Appeals Board denial of total disability benefits: Oceguera had to satisfy higher standard, but she did so: she established that her workplace activity was the legal cause of her injury)
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Hunter v. HCA (10th Cir., May 18, 2020) (dismissing Hunter’s appeal: because Hunter failed to object to the magistrate’s recommending summary judgment in favor of HCA, he waived his right to appellate review) ERISA *Moon v. Tall Tree Administrators, LLC (10th Cir., May 19, 2020) (affirming denial of benefits under ERISA: the […]
Discrimination ~ Retaliation Marks v. Colorado Department of Corrections (10th Cir., May 12, 2020) (reversing summary judgment in favor of the Department of Corrections on Marks’s claims under the Rehabilitation Act and the ADA: the defendants receive federal funding and could reasonably be held liable for the discrimination) ERISA Ellis v. Liberty Life Assurance Company […]
CONTRACT ~ NONCOMPETE ~ TRADE SECRET ~ WRONGFUL TERMINATION *Peterson v. XPO Logistics, Inc. (10th Cir., May 4, 2020) (reversing dismissal of Peterson’s claims: based on Peterson’s failure to specifically claim fraud, the district court had applied Utah’s judicial proceedings privilege to exclude emails from XPO to Peterson’s new employer claiming Peterson was in violation of his employment contract. But the […]
Discrimination ~ Retaliation *Sampson v. Kane is Able, Inc. (10th Cir., April 30, 2020) (affirming summary judgment in favor of Kane on Sampson’s claim for retaliatory termination: Sampson failed to demonstrate that he had actually or constructively discharged) *Padilla v. Mnuchin (10th Cir., April 27, 2020) (affirming two separate judgments dismissing employment discrimination claims: Padilla […]
Discrimination~Retaliation *Benjamin v. Board of Trustees (10th Cir., April 24, 2020) (reversing summary judgment against Benjamin: he produced sufficient evidence—though far from conclusive—to raise an issue of material fact) *Cai v. Huntsman Corporation (10th Cir., April 20, 2020) (affirming judgment on the pleadings in favor of Huntsman on Cai’s breach of contract retaliation claim: Cai […]
