Discrimination EEOC v. Beverage Distributors Company, LLC (10th Cir., March 16, 2015) (discrimination claim by blind employee; reversing based on district court’s erroneous direct threat instruction) Jones v. McHugh, Secretary of the Army (10th Cir., March 16, 2015) (affirming summary judgement against Jones in the absence of evidence of improper motive) Contract Andersen v. Department […]
Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]
Workers Compensation Provo City v. Utah Labor Commission & Duane Serrano (Utah, February 6, 2015) (affirming respondent’s permanent total disability)Tarpley v. Colvin (10th Cir., February 4, 2015) (affirming denial of disability benefits) Discrimination and Retaliation Bejar v. McDonald (10th Cir., February 3, 2015) (“a mere inconvenience or an alteration of job responsibilities [is not] an […]
Labor Unions M&G Polymers USA, LLC v. Tackett (U.S., January 26, 2015) (vacating the judgment of the Sixth Circuit with instructions to employ “ordinary principles of contract law” to provisions regarding retired employees) Discrimination and Retaliation Meyers v. Eastern Oklahoma County Technology Center (10th Cir., January 28, 2015) (affirming summary judgement in the absence of […]
Workers Compensation/Occupational Safety and Disease Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income) Contract/Noncompete/Trade Secret/Wrongful Termination Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court’s finding that res judicata barred Velez from litigating his claim in district court because he failed to bring […]
Ragsdell v. Regional Housing Alliance of la Plata County(10th Cir., January 16, 2015) (overturning denial of summary judgment and recognizing a right to qualified immunity because there is no clearly established constitutional right to accommodation for disabled employees) Davis v. James (10th Cir., January 15, 2015) (affirming grant of summary judgment in favor of James […]
Johnson v. City of Shelby, Mississippi (U.S., November 10, 2014) (summarily reversing summary judgment based upon petitioners’ failure to invoke 42 USC 1983 in their complaint, citing the federal rules’ short, plain statement language) Alarid v. Colvin, Acting Commissioner (10th Cir., November 21, 2014) (affirming denial of social security benefits despite severe impairments, as Alarid […]
In EEOC v. C.R. England, Inc., the 10th Circuit Court of Appeals affirmed the dismissal of a case brought by an HIV-positive truck driver. The truck driver, who had been hired to train new truck drivers for C.R. England, Inc., disclosed his HIV-positive status to C.R. England. After doing so, C.R. England prepared a form that […]
In Kline v. Utah Anti-Discrimination and Labor Division, the Tenth Circuit Court of Appeals refused to overturn a Utah District Court’s ruling that the Utah Anti-Discrimination and Labor Division (UALD)—the agency charged with investigating claims of discrimination in Utah—did not illegally discriminate against one of its former discrimination investigators. Concluding that the UALD acted appropriately […]
In Lauck v. Campbell County, the Tenth Circuit upheld a district court’s ruling that dismissed a case against a sheriff’s department brought by a deputy after he was reassigned to the Civil Process Division. Although the deputy claimed that his reassignment constituted a demotion, because his pay and rank were the same before the transfer, […]
