Cases—December 1st through 7th, 2019

Discrimination ~ Retaliation Greer v. City of Witchita (10th Cir., December 3, 2019) (reversing summary judgment in defendants’ favor on Greer’s claims under the Uniformed Services Employment and Reemployment Rights Act: the factfinder could reasonably infer that military status motivated denial of interview, and that Greer would have obtained interview had she not been military) […]

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Cases — November 24th through 30th, 2019

Discrimination~Retaliation *Payan v. UPS (10th Cir., November 25, 2019) (affirming summary judgment in favor of UPS on Payan’s racial discrimination and retaliation claims: UPS offered consistent justifications for its disciplinary decision, committed no procedural irregularities, and treated Payan no differently than similarly-situated employees) *Cases marked with an asterisk are not binding precedent, except under the […]

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Cases — November 17th through 23rd, 2019

Unemployment Appeals Utah Paiute Tribal Housing Authority, Inc., v. Dept. of Workforce Services (Utah Ct. App., November 21, 2019) (affirming the Workforce Appeals Board decision that the Housing Authority’s employee was terminated without just cause and is thus entitled to unemployment benefits) *Cases marked with an asterisk are not binding precedent, except under the doctrines […]

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Cases — November 10th through 16th, 2019

Workers’ Compensation ~ Occupational Safety and Disease Pritchard v. Labor Commission (Utah Ct. App., November 15, 2019) (affirming denial of workers’ compensation benefits: Pritchard’s spinal condition was not caused, aggravated, or worsened by her work exposure) *Progressive Northern Insurance Company v. Peavler (10th Cir., November 13, 2019) (affirming summary judgment in favor of Progressive: Peavler’s […]

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Cases — November 3rd through 9th, 2019

Discrimination ~ Retaliation *Gaskin v. Science Applications International, Inc. (10th Cir., November 8, 2019) (affirming summary judgment in favor of SAI on Gaskin’s sex discrimination claim: SAI had a legitimate nondiscriminatory reason—inappropriate conduct—to terminate Gaskin) Tesone v. Empire Marketing Strategies (10th Cir., November 8, 2019) (reversing summary judgment in favor of Empire on Tesone’s ADA […]

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Cases — October 27th through November 2nd, 2019

Discrimination ~ Retaliation *Lu v. University of Utah (10th Cir., October 29, 2019) (affirming dismissal of Lu’s retaliation, racial and national-origin discrimination, and ADA claims: Lu identified no cogent basis on which to reverse the district court’s dismissal) Wages Vander Veur v. Groove Entertainment Technologies (Utah, October 29, 2019)(reversing court of appeals: the covenant of […]

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Cases — October 20th through 26th, 2019

Workers’ Compensation ~ Occupational Safety and Disease *Energy West Mining Company v. Director, OWCP (10th Cir., October 23, 2019) (dismissing Energy West’s petition for review of the Review Board’s decision ordering an award of black lung benefits: the Board’s decision was not a final order, and so the court lacked subject-matter jurisdiction) *Putnam v. Commissioner […]

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Cases — October 13th through 19th, 2019

Discrimination ~ Retaliation *Henderson v. Cargill Packing Plant (10th Cir., October 16, 2019) (affirming dismissal of Henderson’s failure-to-hire and age-discrimination claims: Henderson’s complaints failed to provide sufficient notice of his claims) *Turner v. Phillips 66 Company (10th Cir., October 16, 2019) (affirming summary judgment in favor of Phillips 66 on Turner’s ADA claims: Turner failed […]

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Cases — September 29th through October 5th, 2019

Discrimination ~ Retaliation *Ordonez v. ABM Aviation, Inc. (10th Cir., October 3, 2019) (dismissing as moot Ordonez’s Title VII sexual harassment, discrimination, and retaliation claims, settled in her personal bankruptcy action) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.

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