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 […]
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 […]
Labor Unions Hendrickson v. AFSCME Council 18 (10th Cir., March 26, 2021) (affirming dismissal of Hendrickson’s claim that the union cannot retain dues deducted from his paycheck or serve as his exclusive bargaining representative: exclusive representation remains constitutional and Hendrickson’s claim seeking prospective relief as regards the union’s opt-out window was moot) Workers’ Compensation ~ […]
Discrimination ~ Retaliation *Dennis v. Fitzsimons (10th Cir., March 3, 2021) (affirming summary judgment in favor of Fitzsimons on Dennis’s disability discrimination claim: Dennis failed to offer any evidence of a causal connection between his alcoholism and his discharge) Miscellaneous Tanner v. McMurray (10th Cir., March 2, 2021) (reversing summary judgment granting defendants qualified immunity […]
Public Employer ~ Employees Brownback v. King (U.S., February 25, 2021) (reversing the Sixth Circuit’s determination that the district court’s dismissal of King’s Federal Tort Claims Act claims did not trigger the 28 USC §1346(b) judgment bar to block his Bivens claims: The District Court’s order was a judgment on the merits of the FTCA […]
ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Discrimination ~ Retaliation *DeSanzo v. AHS Southcrest Hospital, LLC (10th Cir., January 28, 2021) (affirming summary judgment in favor of AHS on DeSanzo’s age discrimination an retaliation claims: DeSanzo could not establish that AHS’s reason for her termination was pretextual) Miscellaneous *Oldenburg v. American Modern Insurance Company, Inc. (10th Cir., January 26, 2021) (reversing summary […]
Contract ~ Noncompete ~ Trade-Secrets ~ Wrongful Termination *Goss v. Cathey (10th Cir., January 12, 2021) (affirming denial of post-judgment motion to reopen and amend: the district court’s failure to explain its denial was harmless error since Goss identified no new facts or law) Public Employers ~ Employees *Metzler v. City of Colorado Springs (10th […]
Discrimination ~ Retaliation *English v. Small Business Administration (10th Cir., January 5, 2021) (affirming summary judgment to the SBA on English’s Civil Rights claims of race discrimination and retaliation: English could not establish a genuine issue of material fact as to SBA’s rationale for his termination being illegitimate or discriminatory) *Bowles v. Grant Trucking (10th […]
Discrimination ~ Retaliation Baca v. Department of the Army (10th Cir., December 22, 2020) (affirming Merit Systems Protection Board determination that Baca’s termination was not unlawful retaliation for whistleblowing: Baca made no disclosure that would trigger whistleblower protection; rather, he attempted to intimidate a witness into making a false statement) [Revising opinion of September 2, […]
