Retaliation – Page 19

Cases — August 30th through September 5th

admin - October 17, 2015 - Department of Labor, Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Disability Oliver v. Labor Commission (Utah Ct. App.,September 3, 2015) (setting aside commission denial of permanent totaldisability benefits as based upon incorrect legal standards and allowing the ALJ’s order to stand) Discrimination & Retaliation Zisumbo v. Ogden Regional Medical Center (10th Cir.,September 4, 2015) (affirming Zisumbo’s retaliation award as set by the courtbelow) Workers’ Compensation Helf v. Chevron, U.S.A., Inc. (Utah S.Ct.,September 4, […]

Cases — August 23rd through 29th

admin - October 8, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Utah Supreme Court, Workers Compensation

Discrimination & Retaliation Osborne v. Baxter Healthcare Corporation (10th Cir.,August 24, 2015) (reversing summary judgement in favor of Baxter Healthcare because there remains a genuine issue of material fact as to Osborne’s ability to perform the work at issue) *Macias v. Southwest Cheese Company, LLC (10th Cir.,August 24, 2015) (reversing summary judgement for Southwest Cheese […]

Cases — August 2nd through 8th

admin - October 3, 2015 - At-Will Employment, Disability, Discrimination, Retaliation, Right-to-Sue letter, Tenth Circuit, Utah Supreme Court, Workers Compensation

Disability *Cochranv. Colvin (10th Cir., August 3, 2015) (affirming denial ofdisability insurance benefits) Workers Compensation Martinezv. Angel Exploration, LLC (10th Cir., August 4, 2015)(affirming summary judgment as to employer’s intentional tort liability) Discrimination and Retaliation Pang v.International Document Services (Utah, August 5, 2015) (affirmingdismissal: Utah Rule of Professional Conduct 1.13(b) does not reflect a clearand […]

Cases — July 26th through August 1st

admin - October 1, 2015 - Disability, Discrimination, ERISA, FMLA, Retaliation, Retirement Pension, Tenth Circuit

ERISAMartinez v. the Plumbers and Pipefitters National Pension Plan (10th Cir., July 29, 2015) (upholding denial of request to convert early retirement pension to disability pension) Miscellaneous*Janczak v. Tulsa Winch (10th Cir., July 30, 2015)(reversing and remanding summary judgment against Janczak on claim of interference with FMLA leave) Discrimination and Retaliation*Didier v. Abbott Laboratories (10th Cir., July 31, 2015)(affirming summary judgement […]

Cases — July 12th through 18th

admin - July 29, 2015 - Benefits, Disability, Discrimination, First Amendment, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Workers Compensation/Occupational Safety and Disease Brooks v. Commissioner (10th Cir., July 17, 2015) (affirming the Commission determination that Brooks had received an overpayment of Disability benefits) Santos v. Colvin (10th Cir., July 15, 2015) (affirming dismissal of complaint challenging the denial of disability insurance benefits) Discrimination and Retaliation Bandi v. Colvin (10th Cir., July 16, 2015) (affirming summary […]

Cases — July 5th through 11th

admin - July 12, 2015 - Age Discrimination in Employment Act (ADEA), Disability, Discrimination, Retaliation, Tenth Circuit, Utah Court of Appeals, Wages, Workers Compensation

Workers Compensation/Occupational Safety and Disease Bainbridge v. Colvin (10th Cir., July 7, 2015) (affirming denial of disability benefits) Discrimination/Retaliation Jordan v. Dillon Companies (10th Cir., July 9, 2015) (affirming summary judgment in favor of Dillon as Jordan could not show pretext for termination under a subordinate bias theory) Bennett v. Windstream Communications, Inc. (10th Cir., July […]

Cases — June 21st through 27th

admin - July 1, 2015 - Discrimination, First Amendment, Retaliation, Tenth Circuit, Whistleblower Protection

Discrimination & Retaliation Teufel v. Dept. of the Army (10th Cir., June 26, 2015 — persusasive) (denying Teufel’s petition for review because all the points raised are “committed by law to the appropriate agency of the Executive branch”) Billy v. Curry County Board of Commissioners (10th Cir., June 25, 2015 — persuasive) (very brief case upholding Billy’s […]

Cases — June 7th through 20th

admin - June 20, 2015 - Americans with Disabilities Act (ADA), Disability, Discrimination, Retaliation, Tenth Circuit, Unemployment Compensation, Workers Compensation

Discrimination and Retaliation Arbogast v. Kansas Department of Labor (10th Cir., June 19, 2015) (court lacked jurisdiction to consider state department of labor’s capacity to be sued, but affirms the department’s nonentitlement to eleventh-amendment immunity) Martinez v. Southwest Cheese Company (10th Cir., June 18, 2015) (affirming exclusion of portions of affidavits and summary judgement in […]

Cases — May 3rd through May 9th

admin - May 9, 2015 - Disability, Discrimination, Retaliation, Tenth Circuit, Utah Court of Appeals, Wages

Contract/Noncompete/Trade Secret/Wrongful Termination Francis v. National DME (Utah Ct. App., May 7, 2015) (federal and state claims arising originally from a dispute over a covenant not to compete, ultimately reduced to claims or intentional interference with economic relations, breach of contract, and attorney’s fees) Discrimination Hare v. Donahoe (10th Cir., May 4, 2015) (affirming dismissal, under Rule 12(b)(6), […]

Cases — April 12th through 18th

admin - April 23, 2015 - Americans with Disabilities Act (ADA), FMLA, Retaliation, Sexual Harassment, Tenth Circuit, Utah Court of Appeals, Workers Compensation

Discrimination Rowe v. United Airlines (10th Cir., April 16, 2015) (affirming summary judgment in favor of United Airlines on FMLA and ADA claims and Illinois Human Rights Act based on plaintiff dishonesty) Public Employees Valencia v. City of Santa Fe (10th Cir., April 14, 2015) (upholding denial of post-judgment relief and dismissing for lack of […]