Discrimination~Retaliation *Rohwedder v. Rocky Mountain Pies, LLC (10th Cir., November 23, 2021) (affirming dismissal with prejudice of Rohwedder’s employment-discrimination suit: although failure to exhaust administrative remedies is no longer a jurisdictional defect, it can be and was properly raised as an affirmative defense by Rocky Mountain; Rohwedder thus failed to state a claim under 12(b)(6); […]
Workers’ Compensation~Occupational Safety & Disease Boynton v. Kennecott Utah Copper, LLC (Utah, November 18, 2021) (reversing summary judgment in favor of Kennecott on Boynton’s take-home asbestos exposure claim in connection with his wife’s mesothelioma death: premises owners are liable to their employees‘ co-habitants for take-home asbestos exposure) Sysco v. Labor Commission (Utah Ct. App., November […]
Discrimination ~ Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., November 8, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s ADA and Rehabilitation-Act claims: the Rehabilitation Act did not apply as no federal assistance was involved; one of her ADA claims was filed after the 300-day limit; and Edmonds-Radford failed to establish a […]
Discrimination~Retaliation *Cole v. DeJoy (10th Cir., October 8, 2021) (affirming dismissal of Cole’s claims for harassment, hostile work environment, discrimination, and retaliation, unlawful termination, obstruction of justice, and fraud: despite three opportunities to submit a proper complaint, Cole’s complaint lacked factual allegations sufficient to support a plausible claim for relief) *Bateman v. Nexstar Media Group, […]
Contract~Noncompete~Trade-Secret~Wrongful Termination *Williams v. Keller (10th Cir., October 1, 2021) (affirming dismissal of Williams’ malicious prosecution claim after his dismissal and later the indictment brought against him as a result of his alleged unlawful exportation of goods in connection with his employer’s F-16 foreign military sales program: the indictment was dismissed, but Williams failed to […]
Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
Discrimination~Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., September 16, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s disparate treatment, failure to accommodate, and retaliation claims: Edmonds-Radford failed to establish that her disability was a determining factor in her termination) Brown v. Austin (10th Cir., September 15, 2021) (affirming summary judgment for defendant […]
Discrimination ~ Retaliation Hayes v. Skywest Airlines, Inc. (10th Cir., September 9, 2021) (affirming district court award of front pay to Plaintiff Hayes on his employment discrimination claim and denial of motion for new trial: the district court did not abuse its discretion) Workers Compensation ~ Occupational Safety and Disease YESCO v. Labor Commission (Utah […]
Discrimination ~ Retaliation *Davis v. State of Utah (10th Cir., September 2, 2021) (affirming dismissal of plaintiffs’ employment-related claims against Utah and the University of Utah: plaintiffs’ First-Amendment allegations failed to overcome their qualified-immunity burden, and plaintiffs’ state-law claims were untimely) *Guy v. McDonough (10th Cir., August 30, 2021) (affirming summary judgment in favor of […]
Workers Compensation ~ Occupational Safety and Disease *Kulasa v. Wyndham Vacation Rentals (10th Cir., August 27, 2021) (affirming summary judgment in favor of Wyndham on Kulasa’s claims under the ADA and the Colorado anti-discrimination and wage-claim acts: He failed to establish he had a disability or any limitation arising out of his ADHD) *Cases marked […]
