ERISA – Page 4

Cases — December 31, 2017, through January 6, 2018

admin - January 19, 2018 - Disability, ERISA, Miscellaneous, Procedure, Sexual Harassment, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful Termination*Pliuskaitis v. USA Swimming (10th Cir., January 2, 2018) (affirming dismissal of Pliuskaitis’s damages claims for lack of subject matter jurisdiction: he failed to challenge the arbitrator’s denial of damages)Discrimination/Retaliation*Black v. Larimer (10th Cir., January 3, 2018) (affirming dismissal for Black’s failure to prosecute her sexual harassment claim)ERISAVan Steen v. Life Insurance Company […]

Cases — December 17th through 23rd (2017)

admin - January 9, 2018 - Black Lung Benefits, Discrimination, ERISA, Procedure, Retaliation, Tenth Circuit, Workers Compensation

ERISAMedina v. Catholic Health Initiatives (10th Cir., December 19, 2017) (affirming summary judgment in favor of Catholic Health: ERISA’s church-plan exemption does not fall foul of the Establishment Clause)Discrimination/Retaliation *Jones v. Berryhill (10th Cir., December 21, 2017) (affirming denial of disability benefits: any step-four error wsa harmless)*Montano v. Brennan (10th Cir., December 20, 2017) (affirming […]

Cases — October 22nd through 28th (2017)

admin - October 31, 2017 - Breach of Contract, Damages, Discrimination, Drug Testing, Due Process, ERISA, Procedure, Retaliation, Tenth Circuit, Utah Court of Appeals, Workers Compensation, Wrongful Termination

Contract/Noncompete/Trade Secret/Wrongful TerminationAugustus v. Vernal City (Utah Ct. App., October 26, 2019) (declining to disturb the city’s decision to uphold Augustus’s termination: the city’s board did not violate Augustus’s due process notice right)Lamont v. Riverton City Board of Appeals (Utah Ct. App., October 26, 2017) (declining to overturn Lamont’s termination for his refusal to take an alcohol […]

Cases — October 15th through 21st (2017)

admin - October 21, 2017 - Disability, Discrimination, ERISA, Retaliation, Sarbanes-Oxley Act (SOX), Tenth Circuit

Discrimination/Retaliation*Garcia v. City of Farmington (10th Cir., October 20, 2017) (affirming summary judgment in favor of Farmington: Garcia’s characterization of Farmington’s perception of her cannot support liability for either discrimination or retaliation)ERISAOwings v. United of Omaha (10th Cir., October 17, 2017) (reversing summary judgment in favor of United, which was arbitrary and capricious in determining the date […]

Cases — August 13th through 19th

admin - September 23, 2017 - Employee Pension Plans, ERISA, Independent Contractors, Jurisdiction, Miscellaneous, Tenth Circuit, Utah Court of Appeals

ERISA and Employee Pension Plans GCIU-Employer Retirement Fund v. Coleridge Fine Arts (10th Cir., August 16, 2017) (reversing dismissal, based on lack of personal jurisdiction, of GCIU’s attempt to collect withdrawal liability from defendants)Miscellaneous Aura Spa & Boutique v. Department of Workforce Services (Utah Ct. App., August 17, 2017) (declining to disturb Workforce Appeals Board […]

Cases — June 4th through 10th

admin - June 11, 2017 - Disability, Discrimination, ERISA, Procedure, Retaliation, Tenth Circuit, United States Supreme Court, Whistleblower Protection

Discrimination/Retaliation *Yinger v. Postal Presort, Inc. (10th Cir., June 9, 2017) (reversing and remanding summary judgment against Yinger on his disability discrimination and retaliatory discharge claims) *Pittman v. American Airlines, Inc. (10th Cir., June 8, 2017) (affirming summary judgment in favor of American Airlines on Pittman’s race and disability discrimination and retaliation because she failed […]

Cases — May 7th through 13th

admin - May 13, 2017 - Discrimination, ERISA, Procedure, Sexual Harassment, Tenth Circuit

Discrimination/Retaliation Jones v. Needham (10th Cir., May 12, 2017) (reversing dismissal of sexual harassment claims, but affirming dismissal of common-law and Oklahoma Anti-Discrimination Act claims) ERISA *Blair v. Alcatel-Lucent Long Term Disability Plan (10th Cir., May 9, 2017) (affirming summary judgment in favor of Alcatel-Lucent because there had been no abuse of discretion in the […]

Cases — April 16th through 22nd

admin - April 25, 2017 - Discrimination, ERISA, Jurisdiction, Procedure, Retaliation, Tenth Circuit, United States Supreme Court, Workers Compensation

Discrimination/Retaliation*Agassounon v. Jeppesen Sanderson, Inc. (10th Cir., April 18, 2017) (affirming summary judgment in favor of Defendant on Agassounon’s race, color, national origin, and retaliation claims, because he failed to demonstrate pretext in Jeppesen Sanderson’s laying him off)*Arbogast v. State of Kansas, Dept. of Labor (10th Cir., April 21, 2017) (affirming dismissal of Arbogast’s complaint […]

Cases — March 5th through 11th

admin - March 14, 2017 - Discrimination, ERISA, Jurisdiction, Minimum Wage, Procedure, Public Employees, Retaliation, Wages

Discrimination/Retaliation*Henson v. Amerigas Propane, Inc. (10th Cir., March 10, 2017) (affirming summary judgment in favor of Amerigas: Henson failed to show Amerigas’s stated reasons for firing him were pretexts for unlawfuldiscrimination and retaliation)ERISA and Employee Pension PlansSEC v. DeYoung (10th Cir., March 9, 2017) (affirming district court approval of a settlement including a bar to […]

Cases — February 19th through 25th

admin - March 7, 2017 - Disability, Discrimination, ERISA, Procedure, Retaliation, Social Security, Workers Compensation

Discrimination/RetaliationWilliams v. FEDEX Corporate Services (10th Cir., February 24, 2017) (affirming summary judgment for FEDEX on Williams’s regarded-as-disabled claim, but reversing and remanding his disability-related inquiry claim for district court decision) ERISA and Employee Pension PlansKeller Tank Services II, Inc., v. Commissioner of Internal Revenue (10th Cir., February 21, 2017) (affirming summary judgment against Keller […]