ERISAGobeille v. Liberty Mutual Insurance Company (U.S., March 1, 2016) (affirming the 2nd Circuit’s conclusion that ERISA’s reporting, disclosure, and record provisions pre-empt state law (in this case Vermont’s) imposing duties inconsistent therewith, and regardless of ACA pre-emption. Workers Compensation/Occupational Safety & Disease*Lopez v. Colvin (10th Cir., February 29, 2016) (reversing denial of social security benefits […]
Discrimination/Retaliation *Adair v. Wichita Public Schools, District 259 (10th Cir., February 22, 2016) (affirming summary judgment against Adair based upon his failure to present any factual material in opposition) Workers Compensation/Occupational Safety & Disease Allman v. Colvin (10th Cir., February 23, 2016) (affirming denial of benefits)*Fry v. American Home Assurance Company (10th Cir., February 25, 2016) (affirming summary […]
Discrimination/Retaliation*Farris v. Garden City, Kansas (10th Cir., February 9, 2016) (affirming dismissal because Farris failed to sufficiently allege he was a qualified individual with adisability or that he suffered intentional discrimination)Workers Compensation/Occupational Safety and Disease*Johnson v. Colvin (10th Cir., February 10, 2016) (affirming the judgement of the district court upholding the Commissioner’s denial of benefits […]
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., […]
Discrimination & Retaliation *Cink v. Grant County, Oklahoma (10th Cir., November 27, 2015) (reversing the district court’s conclusion that the county was not Cink’s employer and therefore not liable under Cink’s age discrimination and disability claims) Miscellaneous *Sanders v. Anoatubby (10th Cir., November 23, 2015) (a hostile-work-environment/wrongful-termination case in the Chickasaw Nation dismissed for lack of jurisdiction) […]
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 […]
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 *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 […]
Contract/Noncompete/Trade Secret/Wrongful Termination Ray v. Wal-Mart Stores (Utah S.Ct., September 17, 2015) (answering question certified by the federal district court in the affirmative: “We conclude that the policy favoring the right of self-defense is a public policy of sufficient clarity and weight to qualify as an exception to the at-will employment doctrine,” limited to situations in […]
