Mendez v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of benefits) Silva v. Colvin, Acting Commissioner (10th Cir., October 21, 2014) (affirming denial of social security benefits: res judicata, no due process violation for notice in English without Spanish translation)Sumrall v. Merit Systems Protection Board (10th Cir., October 23, 2014) (affirming dismissal […]
Dumas v. Colvin, Acting Commissioner (10th Cir., September 29, 2014) (affirming denial of social security benefits). Hansen v. Department of Workforce Services (Utah Ct. App., October 2, 2014) (reversing & remanding denial of benefits based on ineligibility for the training exemption). Lammle v. Ball Aerospace & Technologies Corporation (10th Cir., September 30, 2014) (affirming denial […]
Juarez-Galvan v. United Parcel Service, Inc. (10th Cir.,September 17, 2014) (upholding dismissal of employment discrimination and work environment claims because they should have been included in Juarez-Galvan I(Juarez-Galvan v. United Parcel Service, Inc. (10th Cir., July 22, 2014),below)) Olson v. Department of Workforce Service (Utah Ct. App., September 11, 2014) (upholding denial of benefits in […]
Cases for the Week of September 1, 2014Hendron v. Colvin, Acting Commissioner (10th Cir., September 5, 2014) (reversing district court reversal of commissioner’s denial of disability benefits) Smith v. UPS (10th Circuit, September 5, 2014) (discrimination appeal dismissed under the doctrine of judicial estoppel)Porta v. U.S. Office of Personnel Management (10th Cir., September 4, 2014) […]
Cases for the Week of August 25, 2014Colorado Cross-Disability Coalition v. Abercrombie & Fitch (10th Cir., August 29, 2014) (ADA violation claim and class action; affirming denial of defendant’s summary judgement motion, affirming class certification, but reversing grant of summary judgement in favor of plaintiffs and vacating injunction)Nelson v. Target Corporation (Utah Ct. App., August […]
The Utah Court of Appeals upheld a trial court’s summary judgment dismissal of a former employee’s claim against Target for breach of contract, intentional and negligent infliction of emotional distress, and defamation. In a twenty page opinion, the court said that the employee, who had been caught on camera taking a customer’s wallet, had no […]
The following cases affecting Utah employment law were released during the week of August 11th:Utah Court of Appeals: Prows v. Labor Commission (Utah Ct. App., August 14, 2014) (declining, on the bases of what the definition of “is” is, to disturb refusal to find gainfully employed petitioner permanently and totally disabled)Tenth Circuit Court of Appeals: […]
BLAUER v. DEPARTMENT OF WORKFORCE SERVICES 2014 UT App. 100 (Utah Ct. App., May 1, 2014) When [ironies] come, they come not single spies, but in battalions. — Paraphrasing Hamlet IV.v The Department of Workforce Services, charged with administering Utah employment law, fired Blauer, its legal counsel, for rejecting its proposed accommodations to his […]
In Kocherhans v. Orem City, the Utah Court of Appeals upheld the decision of a trial court dismissing the claim of a former Orem City Treasury Division Manager for wrongful termination. The court ruled that the former employee’s failure to appeal the Employee Appeal Board’s decision to the Utah Court of Appeals precluded him from […]
In Swenson v. Department of Workforce Services, the Utah Court of Appeals “[took] issue with the [Workforce Appeals] Board’s reliance on evidence that was not presented to the ALJ or given to the parties” to reverse an ALJ’s decision in an appeal of an unemployment benefits determination. Although the Court ultimately affirmed the Workforce Appeals […]
