ERISA & Employee Pension Plans Ramps v. Banner Health (10th Cir., June 11, 2021) (affirming district court calculation of damages, denial of injunction, and judgment in favor of Banner on plaintiffs’ prohibited transaction claim: plaintiffs’ damages calculations were improperly vague; they failed to make a showing that injunctive or equitable relief was appropriate; and ERISA […]
Worker’s Compensation ~ Occupational Safety and Disease *Halfacre v. U.S. (10th Cir., June 2, 2021) (affirming dismissal of Halfacre’s Federal Tort Claims Act claim for lack of subject matter jurisdiction: Halfacre sued under the Federal Employee’s Compensation Act (“FECA”), which proscribes judicial review of claims under the Federal Tort Claims Act where, as here, the […]
Worker’s Compensation ~ Occupational Safety and Disease *Fannin v. Commissioner (10th Cir., May 24, 2021) (affirming denial of social security benefits: under the SSA’s five-step sequential evaluation, Fannin was not under a disability) *Colbert v. Commissioner (10th Cir., May 25, 2021) (vacating and remanding district court judgment denying social security benefits based upon the holding […]
Discrimination ~ Retaliation *Ross v. Staffmark Group (10th Cir., May 13, 2021) (affirming dismissal as untimely of Ross’s Title VII claims against defendant Coleman Company for race and national origin discrimination: Ross failed to file suit within 90 days of receipt of an EEOC right-to-sue letter, and did not allege exceptional circumstances that would justify […]
No Cases *Cases marked with an asterisk are not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel.
Discrimination ~ Retaliation *LaChica v. Russell Stover Chocolates, LLC (10th Cir., April 27, 2021) (affirming summary judgment in favor of Russell Stover on his employment discrimination and retaliation claims: LaChica’s claims fail to show his termination was pretextual; and he failed to show a prima facie case of retaliation) Wages *Harlas v. The Barn (10th […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]
Discrimination ~ Retaliation *Thomas v. Farmers Insurance Exchange (10th Cir., April 14, 2021) (affirming summary judgment in favor of Farmers on Thomas’s sexual-orientation discrimination and retaliation claims: there was no direct evidence of discrimination or retaliation, and no showing of pretext) Workers’ Compensation ~ Occupational Safety and Disease *Keenan, Hopkins, Suder, and Stowell Contractors, Inc. […]
ERISA and Employee Pension Plans *Retired Public Employees of New Mexico, Inc. v. Probst (10th Cir., April 6, 2021) (affirming summary judgment in favor of Probst on their Section 1983 procedural and substantive due process claims: the federal claims against Probst and Pittard (the other defendant) were subject to dismissal based on the 11th Amendment) […]
