Discrimination~Retaliation *Benaissa v. Salina Regional Health Center, Inc. (10th Cir., December 2, 2021) (affirming summary judgment in favor of Salina on Benaissa’s Title VII discrimination and retaliation claims: The EEOC and, later, the District Court, correctly concluded that, since Benaissa was not an employee of Salina, all of his Title VII discrimination and retaliation claims […]
Discrimination ~ Retaliation Edmonds-Radford v. Southwest Airlines Co. (10th Cir., November 8, 2021) (affirming summary judgment in favor of Southwest on Edmonds-Radford’s ADA and Rehabilitation-Act claims: the Rehabilitation Act did not apply as no federal assistance was involved; one of her ADA claims was filed after the 300-day limit; and Edmonds-Radford failed to establish a […]
Discrimination~Retaliation *Cole v. DeJoy (10th Cir., October 8, 2021) (affirming dismissal of Cole’s claims for harassment, hostile work environment, discrimination, and retaliation, unlawful termination, obstruction of justice, and fraud: despite three opportunities to submit a proper complaint, Cole’s complaint lacked factual allegations sufficient to support a plausible claim for relief) *Bateman v. Nexstar Media Group, […]
Discrimination~Retaliation *Hill v. SER Jobs for Progress National, Inc. (10th Cir., September 21, 2021) (reversing summary judgment in favor of SER on Hill’s employment discrimination and retaliation claims: although SER claimed Hill was not an employee, the record was inconclusive for purposes of Title VII; the matter was remanded for determination) ERISA and Employee Pension […]
Labor Unions International Brotherhood of Electrical Workers v. T&H Services (10th Cir., August 6, 2021) (affirming summary judgment in favor of T&H that wage dispute was not arbitrable: the collective bargaining agreement did not govern classification of workers; that is a matter for determination under the Davis-Bacon Act) Workers’ compensation ~ Occupational Safety and Disease […]
Wages Alarm Protection Technolgy, Inc. v. Bradburn (10th Cir., July 1, 2021) (affirming denial of Bradburn’s motion for return of excess proceeds and unused property from Alarm’s purchase of his unpaid compensation claims: Bradburn did not establish any basis for reversal of the district court’s decision) Alarm Protection Technology, Inc. v. Crandall (10th Cir., July […]
Discrimination ~ Retaliation *LaChica v. Russell Stover Chocolates, LLC (10th Cir., April 27, 2021) (affirming summary judgment in favor of Russell Stover on his employment discrimination and retaliation claims: LaChica’s claims fail to show his termination was pretextual; and he failed to show a prima facie case of retaliation) Wages *Harlas v. The Barn (10th […]
Contract ~ Noncompete ~ Trade Secret ~ Wrongful Termination *Williams v. United States (10th Cir., April 22, 2021) (dismissing Williams’ appeal for lack of subject matter jurisdiction: Williams raised no nonfrivolous argument for reversal of the the district court’s grant of summary judgment in favor of the United States on his claims for tortious interference […]
ERISA *Weiss v. Banner Health (10th Cir., February 9, 2021) (affirming denial of her request for pre-authorization of knee surgery: Weiss did not show that Banner’s plan administrator abused its discretion) Miscellaneous *Livingstone v. University of Kansas Hospital Authority (10th Cir., February 11, 2021) (affirming lower court’s disallowing leave to amend response brief: Livingstone sought […]
Discrimination ~ Retaliation *Sampson v. Kane is Able, Inc. (10th Cir., April 30, 2020) (affirming summary judgment in favor of Kane on Sampson’s claim for retaliatory termination: Sampson failed to demonstrate that he had actually or constructively discharged) *Padilla v. Mnuchin (10th Cir., April 27, 2020) (affirming two separate judgments dismissing employment discrimination claims: Padilla […]
