Workers’ Compensation ~ Occupational Safety & Disease Peabody Twentymile Mining, LLC, v. Secretary of Labor (10th Cir., July 18, 2019) (vacating safety violation citation because Twentymile’s construction method was “traditionally accepted” by the Mine Health and Safety Administration)
Wages *Sullivan v. Da Vita Healthcare Partners, Inc. (10th Cir., July 2, 2019) (affirming dismissal of Fair Labor Standards Act overtime wage claims as barred by res judicata) *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Workers’ Compensation ~ Occupational Safety & Disease *Crampton v. Commissioner (10th Cir., July 11, 2019) (affirming denial of disability benefits: substantial evidence supported the ALJ’s decision to give the treating physician’s opinion little weight) Energy West Mining Company v. Lyle (10th Cir., July 9, 2019) (vacating award of benefits and remanding for reconsideration: the judge […]
Discrimination ~ Retaliation *EEOC v. Centura Health (10th Cir., June 28, 2019) (affirming an EEOC administrative subpoena: when investigating discrimination charges, the EEOC may obtain evidence relating to unlawful employment practices, and pattern-or-practice evidence was held relevant to the individual charges) Workers Compensation ~ Occupational Safety & Disease *Martinez v. Commissioner (10th Cir., June 28, […]
Discrimination ~ Retaliation *Smith v. U.S. Department of Labor (10th Cir., June 12, 2019) (dismissing, as untimely, Smith’s petition for judicial review of his unsuccessful complaint under the Surface Transportation Assistance Act) Wages Parker Drilling Management Services, Ltd., v. Newton (U.S., June 10, 2019) (holding that, where federal law addresses a relevant issue—in this case, […]
Discrimination ~ Retaliation *Jones v. Azar (10th Cir., June 4, 2019) (affirming summary judgment against Jones on his age-discrimination claim) Worker’s Compensation ~ Occupational Safety and Disease Big Horn Coal Co. v. Sadler (10th Cir., June 4, 2019) (affirming award of benefits to Sadler) * Cases marked with an asterisk are not binding precedent except […]
Workers Compensation ~ Occupational Safety and Disease Smith v. Berryhill (U.S., May 28, 2019) (Reversing dismissal, as untimely, of Smith’s petition for review of denial of Social Security benefits: dismissal as untimely after a claimant has obtained a hearing on the merits qualifies as an appealable final decision)
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination Conner v. Department of Commerce (Utah Ct. App., May 23, 2019) (affirming dismissal of Conner’s wrongful termination claim: Conner failed to show that the Utah State Personnel Management Act (Utah Code § 67-19-15) creates a private right of action) Discrimination ~ Retaliation Sasser v. Salt Lake […]
Discrimination ~ Retaliation Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata § 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was […]
