Public Employers/Employees *Ratheal v. United States (10th Cir., August 16, 2021) (affirming dismissal of Ratheal’s negligence, misrepresentation, and abuse of process claims for lack of subject matter jurisdiction: the claims were barred under the discretionary function exception to the Federal Tort Claims Act’s waiver of sovereign immunity) *Cases marked with an asterisk are not binding […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Discrimination ~ Retaliation Duda v. Elder (10th Cir., July 27, 2021) (affirming denial of qualified immunity to Sheriff Elder on Duda’s retaliation claim: the sheriff fired Deputy Duda for violating “a neutral policy prohibiting on-duty political activity,” but he did not apply it neutrally: he allowed political activity in his favor but fired Duda when […]
Discrimination ~ Retaliation *Lister v. Western Industries Corporation (10th Cir., July 19, 2021) (affirming summary judgment in favor of Western Industries on Lister’s claim of racial discrimination: Western’s stated reason for terminating Lister—violation of safety protocol—was not pretextual) Public Employers/Employees *Blackburn v. U.S. (10th Cir., July 19, 2021) (reversing dismissal of the Blackburns’ negligent performance […]
Miscellaneous Sheppard v. Geneva Rock (Utah, July 15, 2021) (reversing the district court’s grant of Geneva Rock‘s motion in limine excluding, as irrelevant, all liability evidence, and holding as error the court’s exclusion of Geneva Rock‘s employment practices: that evidence was still relevant after Geneva Rock had admitted liability) Public Emloyers ~ Employees Ramon v. […]
Discriminationm~ Retaliation *Wu v. Haaland (10th Cir., July 8, 2021) (affirming denial of 60(b) motion to reconsider and to set aside settlement agreement as to her discrimination, retaliation, and negligence claims: aside from the various jurisdictional issues, Wu offered no valid reason to set aside the settlement agreement she had agreed to three-and-a-half years earlier) […]
Wages Alarm Protection Technolgy, Inc. v. Bradburn (10th Cir., July 1, 2021) (affirming denial of Bradburn’s motion for return of excess proceeds and unused property from Alarm’s purchase of his unpaid compensation claims: Bradburn did not establish any basis for reversal of the district court’s decision) Alarm Protection Technology, Inc. v. Crandall (10th Cir., July […]
Discrimination~Retaliation *Alabi v. Vilsack (10th Cir., June 21, 2021) (affirming summary judgment in favor of the USDA on Alabi’s claims of retaliation, hostile work environment, and discrimination: Alabi failed to exhaust his administrative remedies on most of his claims, there was no evidence of material disadvantage from the USDA’s letter of warning, and the minor […]
Discrimination ~ Retaliation *Neri v. Board of Education for Albuquerque Public Schools (10th Cir., June 14, 2021) (affirming summary judgment in favor of Board of Education on Neri’s ADA discrimination, hostile work environment, constructive discharge, and failure to accommodate claims, but reversing as to her claim of discrimination by demotion and her retaliation claim: Mrs. […]
