Discrimination/Retaliation *Herndon v. Best Buy Co., Inc. (10th Cir., December 15, 2015) (affirming dismissal of plaintiff’s claim of retaliatory discharge for hiring a former felon) Unemployment Appeals Martin v. Department of Workforce Services (Utah Ct. App., December 17, 2015) (untimely filed appeal dismissed for lack of jurisdiction) Yudin v. Department of Workforce Services (UtahCt. App., […]
WAGES *Evans v. Loveland Automotive Investments, Inc. (10th Cir., December 10, 2015) (adopting the rule that an award of both a state statutory penalty and FLSA liquidated damages does not constitute a double recovery) DISCRIMINATION/RETALIATION *Winters v, Board of County Commissioners of Muskogee County, Oklahoma (10th Cir., December 10, 2015) (reversing summary judgment in the […]
Discrimination / Retaliation *Morman v. Campbell County Memorial Hospital (10th Cir., December 2, 2015) (failure to plead plausible gender-discrimination claim, and defendants are individually entitled to qualified immunity) Labor Unions *International Union of Operating Engineers, Local 627 v. NLRB (10th Cir., December 3, 2015) (affirming NLRB finding that the union violated the National Labor Relations […]
Contract/Noncompete/Trade Secret/Wrongful Termination *Kreso v. McDonald (10th Cir.,November 12, 2015) (affirming district court’s refusal to overturn Veteran’s Affairs Disciplinary Appeals Board’s termination of Kreso’s employment) Discrimination & Retaliation *Cory v. City of Basehor (10th Cir.,November 12, 2015) (upholding summary judgment against Cory on his claim that the city terminated him as a police officer in retaliation for exercising his […]
Discrimination & Retaliation *McElroy v. American Family Insurance (10th Cir., October 30, 2015) (affirming summary judgment in favor of defendant on McElroy’s hostile work environment and retaliation claims) False Claims *Troxler v. Warren Clinic, Inc. (10th Cir.,October 28, 2015) (affirming dismissal of qui tam claim of fraudulent billing under Rule 12(b)(6)) Miscellaneous *Peavy v. Labor Source, LLC (10th Cir., October 27, 2015)(declining […]
Workers Compensation/Occupational Safety and Disease *Rivera v. Colvin (10th Cir., October 20, 2015)(affirming denial of social security benefits) *Pham v. James (10th Cir., October 20, 2015)(affirming dismissal of Pham’s Title VII EEOC claims—workplace harassment based on disability and retaliation—for failure to exhaust his administrative remedies) *Hays v. Colvin (10th Cir., October 22, 2015) (reversing and remanding denial of […]
Discrimination and Retaliation *Brown v. Lowe’s Home Centers (10th Cir.,October 8, 2015) (affirming summary judgment in favor of Lowe’s on Brown’s racial discrimination claims: disparate treatment, retaliation, and hostile work environment) *Housley v. Spirit Aerosystems, Inc. (10th Cir.,October 9, 2015) (affirming trial court on Housley’s age discrimination (ADEA)claim) *Cases marked with an asterisk are cases […]
Discrimination and Retaliation *Schlecht v. Lockheed Martin Corporation (10th Cir., September 28, 2015) (affirming summary judgment in favor of Lockheed on Schlecht’s disability discrimination claim) Unemployment Gray v. Department of Workforce Services (Utah Ct. App., October1, 2015) (declining to disturb board determination that Gray quit his positionwithout good cause, making him ineligible for unemployment benefits) Workers Compensation/Occupational […]
Workers Compensation/Occupational Safety and Disease *Trujillo v. Colvin (10th Cir.,September 24, 2015) (reversing district court affirmation of the ALJ’s denialof social security benefits to Trujillo) Flowell Electric Association, Inc., v. RhodesPump, LLC (Utah S.Ct., September 25, 2015) (reversing grant of summary judgement based onthe presence of unresolved factual issues) Discrimination and Retaliation *Ingila v. Dish Network […]
Discrimination & Retaliation *Arabalo v. City of Denver (10th Cir., September 9, 2015) (affirming district court’s dismissal of Arabalo’s hostile-work-environment claim for failure to exhaust her administrative remedies and summary judgment in favor of Denver) Contract/Noncompete/Trade Secret/Wrongful Termination Teufel v. Department of the Army (10th Cir.,September 9, 2015) (dismissing for lack of jurisdiction)*Cases marked with […]
