ERISA & Employee Pension Plans Retirement Plans Committee of IBM v. Jander (U.S., January 14, 2020) (vacating judgment below and remanding for the 2nd Circuit to address arguments not addressed below regarding ERISA fiduciaries duty of prudence) Worker’ Compensation ~ Occupational Safety and Disease *Gutierrez v. Commissioner (10th Cir., January 13, 2020) (affirming decision below […]
Discrimination ~ Retaliation *Deere v. XPO Logistics Freight, Inc. (10th Cir., January 9, 2020) (affirming summary judgment in favor of XPO on his sex- and age-discrimination and retaliation claims: XPO’s actions were legitimate and nonpretextual) *Jackson v. Kansas City Kansas Public Schools Unified School District No. 500 (10th Cir., January 7, 2020) (affirming summary judgment […]
ERISA *Caldwell v. Unum Life Insurance (10th Cir., September 18, 2019) (affirming rejection of claim under ERISA that Unum had improperly denied accidental death benefits based on policy exclusion for losses resulting from an attempt to commit a crime”) Wages Kenney v. Helix TCS, Inc. (10th Cir., September 20, 2019) (affirming denial of Helix’s motion […]
Discrimination ~ Retaliation Gale v. The City and County of Denver (10th Cir., May 17, 2019) (certifying to the Colorado Supreme Court the question whether Colorado law excepts from res judicata ยง 1983 claims brought in federal court that could have been raised in a prior state action—in connection with Gale’s claim that he was […]
Discrimination / Retaliation *Braxton v. Nortek Air Solutions, LLC (10th Cir., April 23, 2019) (affirming summary judgment for Nortek: Plaintiffs could not state a prima facie case for discrimination or retaliation) ERISA Teets v. Great-West Life and Annuity (10th Cir., April 22, 2019) (denying en-banc rehearing: the original holding stands: Great-West does not act as […]
ERISA Teets v. Great-West Life & Annuity Insurance Company (10th Cir., March 27, 2019) (affirming summary judgment for Great-West: GW was not a fiduciary, and Teets did not adduce sufficient evidence to impose liability as a nonfiduciary party in interest) Miscellaneous Zak v. Department of Workforce Services (Utah Ct. App., March 28, 2019) (declining to […]
Discrimination/RetaliationSmith v. Cheyenne Retirement Investors (10th Cir., September 25, 2018) (affirming dismissal of Smith’s Title VII retaliation suit because she failed to exhaust her administrate remedies)ERISA*Green v. Life Insurance Company of North America (10th Cir., September 26, 2018) (affirming denial of long-term disability benefits under ERISA)*Cases marked with an asterisk are 10th Circuit cases the […]
Discrimination/Retaliation Kerner v. City and County of Denver (10th Cir., May 7, 2018) (remanding the district court’s Lodestar analysis of attorney’s fees following Kerner’s prevailing on her disparate impact claim) ERISAEmployees’ Retirement System v. Williams Companies (10th Cir., May 11, 2018) (affirming dismissal of amended complaint for failure to adequately allege scienter)
Discrimination/Retaliation*Milam v. Pafford EMS (10th Cir., March 30, 2018) (affirming summary judgment in favor of Pafford on Milam’s hostile environment and religious and national-origin discrimination claims)ERISA and Employee Pension PlansDeseret Book Company v. Dept. of Workforce Services (Utah Ct. App., March 29, 2018) (declining to disturb determination that holiday actress was Deseret employee: the Board’s conclusion […]
Contract/Noncompete/Trade Secret/Wrongful Termination*Nolan-Bey v. Wickham Glass, Inc. (10th Cir., March 15, 2018) (affirming dismissal of Nolan-Bey’s frivolous failure-to-train and termination claims)Discrimination/Retaliation*Balding v. Sunbelt Steel Texas, Inc. (10th Cir., March 13, 2018) (affirming summary judgent in favor of Sunbelt on Balding’s FMLA and ADA claims, but reversing on his state breach of contract claim)*Trimble v. Board […]
